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

10 527 Meeting of the Johnston County Board of Commissioners September 6 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 6 , 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 Moment of Silence Chairman Allen L Mims , Jr asked everyone to observe a Moment of Silence in memory of Sonny Johnson and his wife Annette , who recently lost their lives in an automobile accident Chairman Mims stated that Mr Johnson and his wife were citizens of Johnston County and that Mr Johnson was a regular attendee of the Board of Commissioners as well as Planning Board meetings Chairman Mims added that Mr Johnson had a lot of input on many issues that the County faced Chairman Mims stated Mr Johnson was a great man who would be missed 1 Public Comments None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – August 24 and 31 , 2011 Certified letters were mailed to adjoining property owners on August 22 , 2011 Notices were posted at the locations on August 3 , 2010 for Case 10 - 13 ; May 4 , 2011 for Case 11 - 10 ; June 1 , 2011 for Case 11 - 11 ; and July 5 , 2011 for Cases 11 - 13 , and 11 - 14 The Chairman opened the Rezoning Hearing for Case 10 - 13 Case 10 - 13 Petition to rezone 1069 acres of a 34394 acre tract located along Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 13C04017B Owner Applicant Object Properties LLC Planning Director Berry Gray stated the petition is to rezone 1069 acres of a 34394 acre tract located along Massengill Pond Road in Pleasant Grove Township from Agricultural Residential to Industrial 2 - Special Use District Mr Gray reported the accompanying special use permit would allow for the operation of a private airfield and hanger Mr Gray stated the property is currently vacant with a subdivision located adjacent The surrounding zoning is Agricultural Residential and R - Mobile Home Park used primarily for residential and agricultural purposes as well as General Business – Special Use District for a plumbing business Mr Gray stated the area is located within a designated Secondary Growth Area on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray explained that the request came before the Board of Commissioners two months ago and the applicant has since downsized his request The applicant is now proposing a grass airfield for his personal use and intends to construct his private residence on the property Mr Gray referenced the Property Impact Study and Noise Study included in the agenda packets which were also reviewed by the Planning Board Mr Gray stated the applicant proposes to construct one hanger on the site to house his two personal planes and possibly up to four others Mr Gray reported the applicant has moved the proposed location of the airstrip further away from Massengill Pond Road so that it is now setback approximately 1,500 feet Mr Gray noted there are approximately 60 existing residential dwellings within 1,000 feet of the subject site He stated the applicant has previously received a determination from the Federal Aviation Administration FAA and permit approval from the NC Department of Transportation Page528 September 6 , 2011 – 6 00 pm Continued Applicant Allen Davis , 404 Kasey Circle , Raleigh , stated he has lived in Johnston County for 25 years and that , as a pilot , his dream is to live on a runway which is why he purchased the subject site Mr Davis stated the FAA and the DOT have approved the site and he has reduced the scope of the proposed project He noted that he is now only asking to house six planes with a grass airstrip and the fly - in subdivision is no longer planned Chairman Allen L Mims , Jr asked how the proposed use would benefit the community Mr Davis stated according to the Property Impact Study , if anything , the proposed use would have a positive effect on the property values in the area Mr Davis stated he also researched other fly - in communities in other areas and found that they have increased the surrounding property values Mr Davis added that by eliminating the fly - in subdivision proposal , it would leave more of the property as open space Adam Moore , 100 Mitchel Court , Angier , informed the Board that he lives adjacent to the subject site and he is opposed to the request Mr Moore stated he purchased his home a few months ago and had he known about the proposed use he would not have purchased the home Mr Moore reported that he researched but could not find specific information regarding private airfields and how they impact neighboring properties ; however , he stated he did find information indicating that housing around airports is not growing and that most people are trying to sell their homes Mr Moore stated that his subdivision has one home for sale and another home in foreclosure and if the request is approved , then he cannot imagine someone new moving to the subdivision Mr Moore expressed his safety concerns to the Board considering the proximity to homes Pauline Grant , 132 Polly Circle , Angier , stated that she and her neighbors are opposed to the request Ms Grant shared her concerns with the Board over the future of the subject site if the applicant ever wished to expand the airstrip Ms Grant referenced the petitions in opposition that were submitted to the Board at the July 5 , 2011 6 00 pm meeting and reiterated that she is opposed Ms Grant questioned why the applicant could not use the Angier Airport instead Chairman Mims stated if the request is approved , and the applicant wished to expand in the future , he would have to come back to the Board for further approvals Chairman Mims added that at such time , the surrounding property owners would be notified to attend another public hearing on the matter William Johnson stated he owns a home at 119 Polly Court , Angier that is for sale Mr Johnson reported he is also a realtor and that he does not believe that the proposed use would help home sales in the area Mr Gray reported the Planning Board recommended approval based on the project being downsized and the Property Impact Study Noise Study indicating limited impacts on noise and property values There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 13 Further Discussion by the Board Commissioner Jeffrey P Carver referenced some of the concerns by surrounding residents and noted the original request was for a larger project that consisted of a fly - in subdivision with a paved runway ; however , the request has been downsized to a private grass airstrip He asked if the applicant had submitted any documentation with the application regarding the number of flights anticipated and or if it is only for weekend use Commissioner Carver stated it appears to him that the request has been downsized to a nominal use Mr Gray stated the Property Impact Study and Noise Study both reference the proposed use as being a downsized grass airfield with limited usage Mr Gray pointed out if the rezoning is approved , then conditions would be set for the special use permit on the number of planes allowed , etc Mr Gray stated staff considers the proposed use as an “ airfield ” and not an “ airport ” since it will not be open to the public Upon a question by Chairman Allen L Mims , Jr , Mr Gray reported there are a handful of private airfields in the County Decision on Rezoning Case 10 - 13 Case 10 - 13 Petition to rezone 1069 acres of a 34394 acre tract located along Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 13C04017B Owner Applicant Object Properties LLCPage529 September 6 , 2011 – 6 00 pm Continued Commissioner Wade M Stewart moved the Board approve rezoning case 10 - 13 to rezone 1069 acres of a 34394 acre tract located along Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential to Industrial 2 - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 10 - 13 Case 10 - 13 To allow for the operation of a private airfield and hanger Owner Applicant Object Properties LLC Those wishing to speak on Special Use Case 10 - 13 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 private airfield and hanger Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 13 on June 1 , 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 August 16 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 13 and made the following recommendations Upon a motion by Mr Edwards to approve the rezoning , seconded by Mr Massengill and carried by a unanimous vote of 5 - 0 , the Planning Board recommended approval of Rezoning for Case 10 - 13 Upon a motion by Mr Summerlin to approve the Special Use Conditions , seconded by Mr Massengill , carried by a unanimous vote of 5 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 10 - 13 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 facility is located at the intersection of West Road and Massengill Pond Road and is designed to provide the most limited impact possible with a maximum of 6 planes housed on - site A noise study has been provided showing limited noise impact on neighboring properties The facility is designed to maintain promote public health , safety , and general welfare of the community Staff The development is designed to maintain the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The facility is designed to meet the permitted use under the Land Development Code and Ordinances and meet the current setbacks , landscaping and storm water management plans Staff The proposed development meets the 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 The facility will have limited use A property impact study has been conducted showing no impact on property values Staff This special use requires conditions of approval to ensure compatibility with neighboring properties Additionally , the conditions of approval will limit the impact to surrounding neighbors 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 Page530 September 6 , 2011 – 6 00 pm Continued Applicant The use development of this property will conform to the County’s Land Development Codes and strategic plans , and other development policies by continuing to be a residence Also , would bring revenue to the community Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Private Airfield , Hanger Special Use Conditions 1 Permitted Uses Private Airfield and Hanger 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 The airfield and hanger shall be used exclusively by the property owner with no memberships or other business activity including flight training and flight schools 5 The number of planes on site at any given time shall not exceed 6 6 Installation of a Class C landscape buffer along all external zoning lines 3 large trees , 4 small trees , and 12 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class C buffer 7 Solid opaque fencing or berm shall be installed adjacent to West Road , Massengill Pond Road , and external residential uses Required landscape buffering shall be installed on the outside of the fence 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 Hours of operation shall be during daylight hours only 10 No signage allowed 11 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements Mr Gray listed and reviewed each of the special use conditions with the Board Upon questions by Chairman Allen L Mims , Jr , Applicant Allen Davis , 404 Kasey Circle , Raleigh , stated that he has flown since he was 18 years old and he has owned his personal plane since 2001 which is a 4 - seater Cessna Mr Davis reported he has 350 hours total of flying time and that he uses the plane for business mostly as a software consultant He noted pilots must fly once every two years with an instructor to keep their license current Commissioner Tony Braswell asked Mr Davis how often he envisioned taking off and landing from the subject site Mr Davis explained that flying is expensive and with current fuel prices , people are not flying as often Mr Davis stated that he does not plan to average more than one takeoff and landing per plane per month for six planes Chairman Mims asked Mr Davis why he requested an allowance of six planes Mr Davis stated he did not want to ask for one plane and then find himself in a situation where another person wanted to keep their plane on the site in which he would be in violation Mr Davis stated he felt six planes would be more than sufficient for his purposes Commissioner Jeffrey P Carver asked Mr Davis where he currently stores his planes Mr Davis stated he has a project plane at Johnston County Airport and his flying plane is presently in New York which he would bring to the subject site At the inquiry of Commissioner Wade M Stewart , Mr Davis stated he agreed with the special conditions as proposed Adam Moore , 100 Mitchel Court , Angier , questioned how often friends of Mr Davis would be flying in and out of the property Mr Moore also requested copies of the Property Impact Study Staff provided Mr Moore with a copy of the agenda which contained the Property Impact Study James Stephenson , 5581 Elevation Road , Benson , stated that he is a pilot and the noise from the planes would be minor Mr Stephenson reports that he flies out of the Angier Airport which has a grass strip and he is not aware of any complaints from the neighboring property owners at the Angier Airport Mr Stephenson stated he flies his plane approximately once per month Mr Davis stated he would accept a limit on the number of flights allowed and he felt that whatever the Board chose to set the limit at , he would stay under in that he anticipates a low volume PagePage pageNumber5531 September 6 , 2011 – 6 00 pm Continued Commissioner DeVan Barbour asked Mr Davis what he estimated to be an average number of flights in a given month Mr Davis stated if the Board was to limit the number of flights to two takeoffs and landings per plane per month , it would total 12 takeoffs and landings each month which he felt would be more than enough Commissioner Carver indicated that if the Board were to set limits on the number of flights , then the special use permit would be revoked if that limit were exceeded Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 13 Decision on Special Use Case 10 - 13 Case 10 - 13 To allow for the operation of a private airfield and hanger Owner Applicant Object Properties LLC Motion and Second Based on the findings of facts and special use conditions , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 13 to allow for the operation of a private airfield and hanger on 1069 acres of a 34394 acre tract located along Massengill Pond Road in Pleasant Grove Township Commissioner Tony Braswell seconded the motion Further Discussion Commissioner Jeffrey P Carver asked Commissioner Stewart if he would amend his motion to include a limit on the number of flights allowed each month Commissioner Stewart declined to amend his motion Vote The motion carried by the following vote Ayes Commissioners Allen L Mims , Jr , Wade M Stewart , Cookie Pope , W Ray Woodall , Tony Braswell , and DeVan Barbour Nays Commissioner Jeffrey P Carver 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 Private Airfield and Hanger 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 The airfield and hanger shall be used exclusively by the property owner with no memberships or other business activity including flight training and flight schools 5 The number of planes on site at any given time shall not exceed 6 6 Installation of a Class C landscape buffer along all external zoning lines 3 large trees , 4 small trees , and 12 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class C buffer 7 Solid opaque fencing or berm shall be installed adjacent to West Road , Massengill Pond Road , and external residential uses Required landscape buffering shall be installed on the outside of the fence 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 Hours of operation shall be during daylight hours only 10 No signage allowed 11 Disposal of all petroleum’s , oils , and lubricants shall meet all local , state , and federal requirements PagePage pageNumber6532 September 6 , 2011 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 11 - 10 Case 11 - 10 Petition to rezone 3 acres of a 3172 acre tract located at 2701 Polenta Road in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06D01019A Owner Clifton Nest LLC Applicant Lanny K Clifton Planning Director Berry Gray stated the petition is to rezone 3 acres of a 3172 acre tract located at 2701 Polenta Road in Cleveland Township from Agricultural Residential to General Business – Special Use District Mr Gray noted the accompanying special use permit associated with the request The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and to the east on Polenta Road is Cleveland High School as well as Community Business – Special Use District for a small engine repair operation 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 Applicant Lanny Clifton , 2701 Polenta Road , asked the Board to approve 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 11 - 10 Decision on Rezoning Case 11 - 10 Case 11 - 10 Petition to rezone 3 acres of a 3172 acre tract located at 2701 Polenta Road in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06D01019A Owner Clifton Nest LLC Applicant Lanny K Clifton Commissioner DeVan Barbour moved the Board approve rezoning case 11 - 10 to rezone 3 acres of a 3172 acre tract located at 2701 Polenta Road in Cleveland Township from Agricultural Residential 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 - 10 Case 11 - 10 To allow for landscape supplies and nursery plant stock , contractor’s office and storage , retail auction , beauty barber shop Owner Clifton Nest LLC Applicant Lanny K Clifton Those wishing to speak on Special Use Case 11 - 10 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 landscape supplies and nursery plant stock , contractor’s office and storage , retail auction , beauty barber shop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 10 on April 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 May 17 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 10 and made the following recommendations Upon a motion by Mr Summerlin to approve the rezoning , seconded by Mr Massengill and carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning Case 11 - 10 at the May 17th , 2011 meeting PagePage pageNumber7533 September 6 , 2011 – 6 00 pm Continued Upon a motion by Ms Hackler with the addition of Sunday hours and auction on weekends only , seconded by Mr Smith , with Mr DeLaine dissenting , the Planning Board recommended approval of the Special Use Permit for Case 11 - 10 by a vote of 8 - 1 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 business will provide a public service 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 site will have non - intensive community services in accordance with the rural surroundings Staff The use 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 We intend to maintain a rural setting while providing a business with a public demand in the area Staff The building and storage display setbacks and hours of operations , 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 These businesses will provide a service for residential customers of the area 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 Landscape supplies and nursery plant stock , contractor’s office and storage , retail auction , beauty barber shop Special Use Conditions 1 Permitted Uses Landscape supplies and nursery plant stock , contractor’s office and storage , retail auction , beauty barber shop 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 to 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 All signage must comply with the sign code 7 Hours of operation shall be Monday - Saturday Sunday 7 30am - 9 00pm 8 Outdoor storage for the contractor’s office and any items that are not for sale shall be enclosed by an opaque fence 9 Auctions shall be limited to Saturday and Sunday Items in bold are conditions added by the Planning Board Mr Gray listed and reviewed each of the special use conditions with the Board Applicant Lanny Clifton , 2701 Polenta Road , was present Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 11 - 10 Decision on Special Use Case 11 - 10 Case 11 - 10 To allow for landscape supplies and nursery plant stock , contractor’s office and storage , retail auction , beauty barber shop Owner Clifton Nest LLC Applicant Lanny K Clifton Based on the findings of facts and special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 10 to allow for landscape supplies and nursery plant stock , contractor’s office and storage , retail auction , beauty barber shop on 3 acres of a 3172 acre tract located at 2701 Polenta Road 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 Landscape supplies and nursery plant stock , contractor’s office and storage , retail auction , beauty barber shop PagePage pageNumber8534 September 6 , 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 to 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 All signage must comply with the sign code 7 Hours of operation shall be Monday - Sunday 7 30am - 9 00pm 8 Outdoor storage for the contractor’s office and any items that are not for sale shall be enclosed by an opaque fence 9 Auctions shall be limited to Saturday and Sunday Rezoning Case 11 - 11 - Petition to rezone 228 acres located at 10556 Cleveland Road SR 1010 in Cleveland Township from General Business GB to Agricultural Residential AR Tax ID 06F04028 Owner Applicant Samuel R and Becky A Harris It was determined that the applicant had not arrived for Case 11 - 11 ; therefore , the Board proceeded with Case 11 - 13 as follows Note Rezoning Case 11 - 11 was tabled until the October 3 , 2011 6 00 pm meeting The Chairman reopened the Rezoning Hearing for Case 11 - 13 Case 11 - 13 Petition to rezone 0425 acres located at 681 Old Rock Quarry Road in Boon Hill Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 04P09006I Owner Applicant Patrick Kevin Narron Planning Director Berry Gray stated the petition is to rezone 0425 acres located at 681 Old Rock Quarry Road in Boon Hill Township from Agricultural Residential to General Business – Special Use District Mr Gray noted the accompanying special use permit associated with the request Mr Gray reported the applicant lives in the house adjacent to the subject site He stated the request came in as a complaint from a nearby resident , and the business has been in operation since 1999 The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated Secondary Growth Area on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Additionally , the site is immediately adjacent to a Primary Growth Area At the inquiry of Chairman Allen L Mims , Jr , Mr Gray reported the applicant is requesting the rezoning for the business building and drive only Applicant Kevin Narron , 681 Old Rock Quarry Road , stated the business is a private wood shop and that he does not advertise Mr Narron stated he believed the complaint came from neighbors that possibly heard a delivery truck during the day Mr Narron explained that he is a General Contractor who builds homes and he builds cabinets in the shop for the homes 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 11 - 13 Decision on Rezoning Case 11 - 13 Case 11 - 13 Petition to rezone 0425 acres located at 681 Old Rock Quarry Road in Boon Hill Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 04P09006I Owner Applicant Patrick Kevin Narron Commissioner Cookie Pope moved the Board approve rezoning case 11 - 13 to rezone 0425 acres located at 681 Old Rock Quarry Road in Boon Hill Township from Agricultural Residential to General Business – 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 - 13 Case 11 - 13 To allow for a wood working shop Owner Applicant Patrick Kevin Narron Those wishing to speak on Special Use Case 11 - 13 were sworn in by the Clerk to the Board PagePage pageNumber9535 September 6 , 2011 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the request is to allow for a wood working shop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 13 on May 9 , 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 July 19 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 13 and made the following recommendations Upon a motion by Mr Gathers to approve the rezoning , seconded by Mr Summerlin and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of Rezoning for Case 11 - 13 Upon a motion by Mr Edwards to approve the Special Use Conditions , seconded by Mr Letchworth , carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 11 - 13 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 Existing building has been used as a wood working shop , and will not negatively affect the environment Staff The applicant will be subject to the 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 The existing 2,880sf building complies with the intensity regulations Staff The use 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 business will be operated 7am – 7pm Monday through Saturday The business is contained inside the existing building Staff The business does not have any outdoor storage and is located in an existing business , and 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 business is located within the secondary growth area 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 Federal , State and Local agencies Specific Land Uses APPLICANT wood working shop Special Use Conditions 1 Permitted Uses wood working shop 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 to 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 All signage must comply with the sign code and is limited to a 36 sqft ground sign 7 Hours of operation shall be limited to Monday – Saturday 7 00am – 7 00pm Mr Gray listed and reviewed each of the special use conditions with the Board Upon questions by Chairman Allen L Mims , Jr and Commissioner Jeffrey P Carver regarding the buffer requirement , Mr Gray stated staff would take any existing landscaping into consideration and require the applicant to fill in with additional plantings where needed Page0536 September 6 , 2011 – 6 00 pm Continued Applicant Kevin Narron , 681 Old Rock Quarry Road , confirmed that he was aware of and agreed to the proposed special use conditions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 11 - 13 Decision on Special Use Case 11 - 13 Case 11 - 13 To allow for a wood working shop Owner Applicant Patrick Kevin Narron 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 - 13 to allow for a wood working shop on 0425 acres located at 681 Old Rock Quarry Road in Boon Hill 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 wood working shop 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 to 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 All signage must comply with the sign code and is limited to a 36 sqft ground sign 7 Hours of operation shall be limited to Monday – Saturday 7 00am – 7 00pm The Chairman reopened the Rezoning Hearing for Case 11 - 14 Case 11 - 14 Petition to rezone 037 acres located at 8689 Flower Hill Road in O’Neals Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 11O01028A Owner Joan W Stancil and Mena W Sullivan Applicant Danny R Carpenter Planning Director Berry Gray stated the petition is to rezone 037 acres located at 8689 Flower Hill Road in O’Neals Township from Agricultural Residential to Community Business – Special Use District Mr Gray noted the accompanying special use permit associated with the request He stated the existing structure previously operated as a grandfathered use ; however , it closed Mr Gray added that once a grandfathered use ceases operation for six months , then it must be rezoned in order to reopen The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated Agricultural Rural Conservation Area which denotes areas of low levels of growth pressures anticipated over the next 20 years Latoya Carpenter , 917 Barnes Road , Middlesex , speaking on behalf of the applicant , stated there are no stores in the area and they feel the proposed use is needed as a convenience for the community At the inquiry of Commissioner Wade M Stewart , Ms Carpenter stated they would be leasing the property from the owners 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 - 14 Decision on Rezoning Case 11 - 14 Case 11 - 14 Petition to rezone 037 acres located at 8689 Flower Hill Road in O’Neals Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 11O01028A Owner Joan W Stancil and Mena W Sullivan Applicant Danny R CarpenterPage1537 September 6 , 2011 – 6 00 pm Continued Commissioner Cookie Pope moved the Board approve rezoning case 11 - 14 to rezone 037 acres located at 8689 Flower Hill Road in O’Neals Township from Agricultural Residential to Community Business – 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 - 14 Case 11 - 14 To allow for a community store and restaurant Owner Joan W Stancil and Mena W Sullivan Applicant Danny R Carpenter Those wishing to speak on Special Use Case 11 - 14 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 a community store and restaurant Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 14 on May 17 , 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 July 19 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 14 and made the following recommendations Upon a motion by Mr Summerlin to approve the rezoning , seconded by Mr DeLaine , carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of Rezoning for Case 11 - 14 Upon a motion by Mr DeLaine with the removal of # 4 and the change in hours Monday - Sunday 5 am - 10 pm , seconded by Mr Letchworth , carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 11 - 14 Finding of Facts for the Special Use Permit 1 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 site has an existing building that was operated as a community store for over 40 years 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 The existing store is 2,400 sf , which is intended to remain as it is with the addition of a restaurant inside the store Staff The use 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 Our store will operate Monday through Sunday 7 00 am till 10 00pm Staff The business will operate from an existing building which was previously used as a community store , and along with the special use conditions required by the Boards , this 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 This site is located in a rural area 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 Federal , State and Local agencies Specific Land Uses APPLICANT community store and restaurant Special Use Conditions 1 Permitted Uses community store and restaurant 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 Page2538 September 6 , 2011 – 6 00 pm Continued 4 Installation of a Class B landscape buffer around any property adjoining 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 to 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 All signage must comply with the sign code 7 Hours of operation shall be limited to Monday – Sunday 5 00am – 10 00pm BOLD denotes changes or additions Mr Gray listed and reviewed each of the special use conditions with the Board He stated the Planning Board recommended the removal of the buffer requirement because the site is surrounded by the property owner as well as the area across the front is gravel and not conducive to planting At the inquiry of Chairman Allen L Mims , Jr , Mr Gray stated the Department of Transportation will require a driveway permit and they may request the applicant to narrow the drive to move it further away from the intersection Latoya Carpenter , 917 Barnes Road , Middlesex , speaking on behalf of the applicant , confirmed that she understood and agreed to the proposed special use conditions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 11 - 14 Decision on Special Use Case 11 - 14 Case 11 - 14 To allow for a community store and restaurant Owner Joan W Stancil and Mena W Sullivan Applicant Danny R Carpenter Based on the findings of facts and special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 14 to allow for a community store and restaurant on 037 acres located at 8689 Flower Hill Road in O’Neals 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 community store and restaurant 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 All signage must comply with the sign code 6 Hours of operation shall be limited to Monday – Sunday 5 00am – 10 00pm Rezoning Hearing Case 11 - 11 - Tabled Case 11 - 11 Petition to rezone 228 acres located at 10556 Cleveland Road SR 1010 in Cleveland Township from General Business GB to Agricultural Residential AR Tax ID 06F04028 Owner Applicant Samuel R and Becky A Harris It was the unanimous consensus of the Board to table Rezoning Case 11 - 11 until the October 3 , 2011 6 00 pm meeting , due to the absence of the applicant 3 Public Hearing – Amendment to Johnston County Design Manual Advertised – In The Smithfield Herald – August 24 and 31 , 2011 The Chairman opened the public hearing Planning Director Berry Gray stated staff researched the need for tree preservation in future developments after discussions recently with Developer Norwood Thompson Mr Gray stated that based on a review of the existing subdivisions within the County , staff did not find a situation where a subdivision had been completely clear cut He noted that there are some subdivisions without trees , but in those cases , the land had originally been a field However , staff is recommending a change in the Design Manual to encourage thePage3539 September 6 , 2011 – 6 00 pm Continued preservation of existing trees within landscape areas already required by the Land Development Code Mr Gray reviewed the proposed amendment with the Board There being no further comments , the Chairman closed the hearing Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the following amendment to the Johnston County Design Manual Johnston County Design Manual Section 6 - Landscaping C 11 - Existing Vegetation Tree preservation is encouraged within all required landscape areas When it is acceptable to the County , existing vegetation can be used to satisfy some or all of the landscaping requirements In these cases , the existing vegetation shall be in good health and be protected during the development process a Existing trees or group of trees within required landscape areas with a diameter of at least 12 inches should be preserved when feasible to meet minimum landscaping requirements unless removal is necessary for specific development purposes b Credit will be given at one large tree for every 4 ” caliper of an existing tree , measured at four feet above grade 4 Public Hearing – Amendment to Code of Ordinances – Land Development Code Advertised – In The Smithfield Herald – August 24 and 31 , 2011 The Chairman opened the public hearing Planner Kevin Sigmon stated staff was asked to develop an ordinance that would allow for alternative energy systems such as wind turbines and solar panels Mr Sigmon stated the subject was originally brought up by Mr Sonny Johnson He noted staff has drafted an ordinance which is recommended for approval by the Planning Board Mr Sigmon reviewed the proposed ordinance with the Board Commissioner DeVan Barbour stated that the alternative energy technology is evolving and he felt the proposed ordinance is a good starting point that could be modified in the future if needed Commissioner Jeffrey P Carver commented that counties east and west of Johnston County are dealing with wind energy alternatives ; however , he felt that solar energy may be something that Johnston County could have more of down the road Commissioner Tony Braswell stated that he finds it interesting that the alternative energy trend has not caught on yet as some may have thought Commissioner Barbour stated alternative energy has been cost prohibitive ; however , that may change going forward James Stephenson , 5581 Elevation Road , Benson , asked for clarification on the biofuels portion of the draft ordinance Mr Sigmon stated as part of a bona fide farm use , an individual can have their own biofuels production ; however , it would not be a permitted use for the average household citizen There being no further comments , the Chairman closed the hearing Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the following amendment to the Johnston County Code of Ordinances , Land Development Code Article II – Zoning Districts Division IV – Alternative Energy Sec 14 - 115 Intent The intent of this ordinance is to accommodate the need of alternative energy source power generation systems while protecting the public’s health , safety , and welfare Sec 14 - 116 Administration A permit is required prior to the installation of any facility or component A Special Use Permit is required for dimensional values other than those permitted for this Division Sec 14 - 117 Definitions Page4540 September 6 , 2011 – 6 00 pm Continued a Solar Energy Solar Energy Generation Facility An electric generating facility , whose main purpose is to supply utility scale electricity , consisting of one or more series of solar collectors , for off - site use , public or private Also known as solar farms Solar Collector - A device , structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal , mechanical , chemical , or electrical energy Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the collector’s energy transformation process Collector surface does not include frames , supports and mounting hardware Solar Energy System - A device the purpose of which is to provide for the collection , storage , and distribution of solar energy for space heating or cooling , electricity generating , or water heating Solar Mounting Devices - Devices that allow the mounting of a solar collector onto a roof surface or the ground b Wind Energy Wind Energy Generation Facility An electric generating facility , whose main purpose is to supply utility scale electricity , consisting of one or more wind turbines , for off - site use , public or private Also known as wind farms Wind Energy System A single system designed to supplement other electricity sources as an accessory use to existing buildings or facilities , wherein the power generated is used primarily for onsite consumption A small wind energy system consists of a single wind turbine , blades or similar devices , a tower , and associated control or conversion electronics System Height The height above average ground height to the top of the wind generator , not to include generator blades Wind Generator A mechanical device used to convert wind into electricity This definition includes the turbine generator and rotational blades or similar attachments , unless otherwise noted c Biofuels Biofuels A wide variety of fuels produced from organic sources These fuels may also be blended with other petroleum - based fuels The most common biofuels are , but are not limited to , Biodiesel and Ethanol Sec 14 - 118 Solar Energy – as a residential and agricultural accessory a The provisions of this section shall be applicable to sections 14 - 75 Agricultural - Residential District 14 - 76 Resort Residential District 14 - 77 Residential - Mobile Home Park District 14 - 257 j - k Planned Developments District b Solar Energy Generation Facilities shall not be permitted in these districts c Solar Energy Systems shall be accessory to a dwelling or other residential accessory structure 1 The solar collector surface shall be limited to 05 of the total gross area of the lot , with at least 125 sqft allowed and no more the 500 sqft when ground mounted ; the solar mounting device shall be limited to no more than 12 ’ in height Ground mounted systems shall meet the minimum setback distances for the district , be located no closer to the road right - of - way than the front of the principle structure , and be screened from adjacent properties and streets 2 The use of solar collectors surface shall be limited to no more than 1,000 sqft when roof mounted ; the solar mounting device shall be limited to no more than 4 ’ in height Roof mounted systems shall be engineered as not to exceed structural capacity of the roof 3 Wall mounted units shall be limited to 120 sqft , and project no more than 24 ” from the wall surface d Solar Energy Systems shall be accessory to an agricultural building or other bona fide farming operations 1 The use of solar collectors shall be limited for the private use of bona fide farming operation 2 Ground mounted systems shall be setback 20 ’ from interior property lines and 50 ’ from the right - of - way , and be screened from adjacent properties and streets Sec 14 - 119 Wind Energy Systems – as a residential and agricultural accessory a The provisions of this section shall be applicable to sections 14 - 75 Agricultural - Residential District 14 - 76 Resort Residential District 14 - 77 Residential - Mobile Home Park District 14 - 257 j - k Planned Developments District b Wind Energy Generation Facilities shall not be permitted in these districts c Wind Energy Systems shall be accessory to a dwelling or other residential accessory structure , and is designed to supplement other electricity sources 1 The wind energy system shall have a system height of no greater than 40 ’ in height 2 There shall be no more than 2 systems per parcel 3 The systems setback shall be equal to the height of the tower from all internal property and right - of - way lines , guy wires shall meet the minimum setback distances for the district 4 Ground mounted equipment shall meet the minimum setback distances for the district Page5541 September 6 , 2011 – 6 00 pm Continued 5 Systems may be attached to the dwelling or other structures , these systems must meet the system setback and height limitations Systems attached to the structure may meet the minimum building setback distances for the district in - lieu - of the system setback 6 Systems shall not generate any noise that is greater than other common residential ambient noises such as a HVAC unit d Wind Energy Systems shall be accessory to an agricultural building or other bona fide farming operations 1 The wind energy system shall be limited to the private use of the bona fide farming operation and have a system height of no greater than 40 ’ in height 2 There shall be no more than 5 systems per farm 3 The systems setback shall be equal to the height of the tower from all internal property and right - of - way lines , guy wires shall meet the minimum setback distances for the district 4 Ground mounted equipment shall meet the minimum setback distances for the district 5 Systems may be attached to the dwelling or other structures These systems must meet the system setback and height limitations Systems attached to the structure may meet the minimum building setback distances for the district in - lieu - of the system setback Sec 14 - 120 Biofuels – as an agricultural accessory a The provisions of this section shall be applicable to sections 14 - 75 Agricultural - Residential District b Production of Biofuels shall not be permitted as a residential accessory use c Production of all Biofuels shall be limited to an accessory use for bona fide farming operations These fuels shall be for the private use of the producer’s bona fide farming operations only e Storage tanks shall have secondary containment ; dual containment tanks or an above ground catch basin capable of containing 100 the tank volume f Production facilities and storage tanks must be setback 100 ’ from all property lines g Production facilities and storage tanks must be setback 100 ’ from all dwellings h Disposal of all waste material must be in accordance with all state and federal laws Sec 14 - 121 Solar Energy – as a commercial accessory a The provisions of this section shall be applicable to sections 14 - 78 Office and Institutional District 14 - 79 Neighborhood Business District 14 - 80 Community Business District 14 - 81 General Business District 14 - 82 Industrial - 1 14 - 104 Interstate Highway Interchange District b Solar Energy Generation Facilities shall not be permitted in these districts c Solar Energy Systems shall be accessory to a commercial structure 1 The solar collector surface shall be limited to 15 the gross floor