January 4, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 644 Meeting of the Johnston County Board of Commissioners January 4 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 4 , 2010 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , and Tony Braswell Absent DeVan Barbour Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , David Mills , Interim County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Town of Clayton - Request for Right of Entry Skip Browder , Planning Director for the Town of Clayton requested the Board grant the County Manager the authority to review and execute a Right of Entry agreement from Wake County to the Town of Clayton as it relates to a conservation greenway easement located off Mial Plantation Road on the Edith Romaine , et al parcel Wake County Tax ID # 0074505 due to a portion of the parcel being situated within Johnston County Mr Browder stated the Town of Clayton is requesting the Right of Entry in correlation with the Town’s efforts to construct a greenway trail as part of the State of North Carolina’s Mountains - to - Sea Trail Following discussion , Commissioner Jeffrey P Carver moved the Board grant the County Manager the authority to execute the Right of Entry Agreement , subject to the County Attorney’s review and approval Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – December 23 and 30 , 2009 Certified letters were mailed to adjoining property owners on December 22 , 2009 Notices were posted at the locations on October 28 , 2009 for Cases 09 - 17 , 09 - 19 , 09 - 20 , and 09 - 21 Announcement Regarding Case 09 - 17 Case 09 - 17 Petition to rezone 2297 acres located at 3326 Antioch Church Road SR 1733 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11N04199U Owner Applicant Robert and Lynn Bermingham Special Use Permit To allow for Outdoor Recreation for Ziplines , Challenge Ropes Courses and Nature Trails Chairman Wade M Stewart announced that Case 09 - 17 had been postponed until the February 1 , 2010 6 00 pm meeting at the applicant’s request , due to illness Case 09 - 19 Petition to rezone 184 acres located at 5317 Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 05F02199C Owner Applicant Loumas and Marjorie Parrish It was determined that the applicant was not present ; therefore , it was the unanimous consensus of the Board to table the case until the end of the meeting to allow the applicant more time to appear The Chairman opened the Rezoning Hearing for Case 09 - 20 Case 09 - 20 Petition to rezone 126 acres located at 13810 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13D04053N Owner Applicant Rhonda Lagrande McGeePage645 January 4 , 2010 – 6 00 pm Continued Planning Director Berry Gray stated the petition is to rezone 126 acres located at 13810 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the site is presently used for a single family dwelling He noted the surrounding land uses are zoned Agricultural Residential and used for such purposes Property located across from the site is zoned General Business and used as a machine shop , while property located east is zoned and utilized for automotive sales , mini - storage , retail , and a pharmacy Mr Gray reported the area is designated with a “ Community Activity Center Node ” and is within a “ Primary Growth Area ” based on the Johnston County Comprehensive Land Use Plan Owner Applicant Rhonda McGee asked the Board to approve the rezoning and offered to answer any questions At the inquiry of Commissioner Allen L Mims , Jr , Ms McGee stated there is a need for the proposed business in the area and during the Christmas holiday season , their Christmas tree business was very good She stated everyone in the area that she has spoken with has been grateful for the business Mr Gray stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 09 - 20 Decision on Rezoning Case 09 - 20 Case 09 - 20 Petition to rezone 126 acres located at 13810 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13D04053N Owner Applicant Rhonda Lagrande McGee Commissioner Allen L Mims , Jr moved the Board approve rezoning case 09 - 20 to rezone 126 acres located at 13810 NC Hwy 210 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 opened the Special Use Hearing for Case 09 - 20 Case 09 - 20 To allow for the display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , and other related seasonal items Owner Applicant Rhonda Lagrande McGee Those wishing to speak on Special Use Case 09 - 20 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 display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , and other related seasonal items Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 20 on September 28 , 2009 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 November 17 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 20 and made the following recommendations Upon a motion by Mr Schulz to approve the request as presented , seconded by Mr Edwards and carried by a vote of 8 - 0 , the Planning Board recommended preliminary approval of the Rezoning Request for Case 09 - 20 at the November 17th Planning Board Meeting Page646 January 4 , 2010 – 6 00 pm Continued Upon a motion by Mr Browder to approve the Special Use Conditions as presented with the addition of other seasonal items , changing hours of operation and removing the buffer requiremtnt , seconded by Mr DeLaine and carried by a vote of 8 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 20 at the November 17th Planning Board Meeting Findings 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 We will abide by all state and county codes and any recommended requirements Staff The applicant is proposing to sell seasonal items such as pumpkins and Christmas Trees 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 Scale and size of my use comply well within the county’s code Staff The display sells area will meet the setback , 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 my uses will be in accordance with the county code and will certainly not detract or impact surrounding properties Staff The location is along a county designated collector road 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 I currently live in the growth pattern of the county’s land use plan Staff The site is located within the Primary Growth Area and within 1 3 of a mile from a Community Center Activity Node Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Sale of seasonal items such as pumpkins and Christmas trees Special Use Conditions 1 Permitted Uses Display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , and other related seasonal items 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 Hours of operation shall be 7 00 8 00am to 10 00 pm , Monday through Sunday 5 A Class A landscape buffer shall be installed along all rezoning lines 1 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 6 All signage shall comply with the sign code limited to 16 sqft in area and 6 feet in height 7 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties Bold indicates changes additions Strike through shows conditions that Staff recommended but the Board deleted Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray clarified that the applicant came in on her own to bring the business into compliance and it did not come in as a reported violation Owner Applicant Rhonda McGee offered to answer any questions Commissioner Jeffrey P Carver asked Ms McGee if she understood all the special use conditions proposed Ms McGee confirmed that she understood and would comply with all the special use conditions Commissioner Allen L Mims , Jr asked if the Department of Transportation would be requiring any additional driveway improvements Ms McGee reported the Department of Transportation would not require any additional driveway improvements unless she plans to construct a building or have paved parking in the future Mr Gray stated the Planning Board recommended approval Page647 January 4 , 2010 – 6 00 pm Continued There being no further comments , the Chairman recessed the Special Use Hearing for Case 09 - 20 Decision on Special Use Case 09 - 20 Case 09 - 20 To allow for the display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , and other related seasonal items Owner Applicant Rhonda Lagrande McGee Based on the following findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 20 for the display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , and other related seasonal items on 126 acres located at 13810 NC Hwy 210 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 Display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , and other related seasonal items 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 Hours of operation shall be 7 00 am to 10 00 pm , Monday through Sunday 5 All signage shall comply with the sign code limited to 16 sqft in area and 6 feet in height 6 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 09 - 21 Case 09 - 21 Petition to rezone 539 acres located at 452 Eatmon Road SR 1738 in O’Neal’s Township from Agricultural Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 11L03199K Owner Applicant John Henry Eatmon Planning Director Berry Gray stated the petition is to rezone 539 acres located at 452 Eatmon Road in O’Neal’s Township from Agricultural Residential to Industrial 1 - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the site is presently used for a single family dwelling He noted the surrounding land uses are zoned Agricultural Residential and used primarily for such purposes Mr Gray reported the area is located within a designated “ Secondary Growth Area ” in the Johnston County Comprehensive Land Use Plan Owner Applicant John Henry Eatmon explained that he would like to rezone the property so that his employer can move their business contractors office and storage yard to the site Mr Eatmon stated he has been an employee of the company for 32 years and they would like to move out of the high rent district in Raleigh He stated that by moving the company it would save money and allow the operation to remain in business , saving approximately 30 jobs Mr Eatmon informed the Board that he lives approximately five miles from the subject site on Applewhite Road Betty Faye Perry , 316 Mitchell Store Road , Youngsville , NC , stated she owned the property adjacent to the subject site Ms Perry expressed her concerns on how the proposed use would impact the area Ms Perry stated she was concerned over the way the site would look if the business is allowed to move to the property as well as the noise that could be associated with the use Ms Perry explained that she does not live on the property ; however , she would eventually like to leave it to her grandchildren for them to construct their homes and she did not want an industrial use to be located beside their houses Ms Perry also stated there is a dangerous curve in the road near the site which could be hazardous for the big trucks that would be used in the proposed operation She noted the back of the property stays wet and drains into a creek , which could be impacted by oil or fluids from the equipment associated with the operation She also noted there is a development at the end of the road that is being established and she is concerned over the impact the proposed use would have on the area residential property values Ms Perry submitted photographs to the Board of the applicant’s employer in Raleigh She asked for the Board to consider , if the rezoning is approved , to require a retaining wall , Cypress trees , and a 10 – 12 ft fence around the property to limit visibility from the road and her property line PagePage pageNumber5648 January 4 , 2010 – 6 00 pm Continued Ms Perry pointed out the location of her property in relation to the subject site on a map for the Board She stated she owns approximately 10 acres next to the subject site and she has owned the property since it was deeded to her in 1975 by her mother Everette Eatmon , 496 Eatmon Road , stated he has lived on the property adjoining the subject site on the opposite side from the Perry property for 68 years Mr Eatmon stated the drainage that Ms Perry mentioned runs down to his property Mr Eatmon informed the Board that he has no objection to the rezoning or the proposed use At the inquiry of Commissioner Jeffrey P Carver , Everette Eatmon reported there are approximately 13 residences on the road Tony Bryant , 140 Walnut Drive , Benson , and President of Billings & Garrett in Raleigh proposed company , stated his company has 32 employees that live in Johnston County Mr Bryant reported the operation is down to three crews at present and there would be approximately 10 people working out of the office that would be located on the subject site He stated the crews do not come to the office and typically work out on the jobsites Commissioner Carver noted the photographs submitted by Ms Perry and asked if the new operation would be similar Mr Bryant reviewed the photographs and stated that much of the equipment shown in the pictures at the Raleigh operation has either been sold , is for sale , or will be given away and they do not intend to have as much storage on the new site , but he noted there will be some At the inquiry of Commissioner Carver , Mr Bryant stated when the economy begins to rebound , he hopes the company will grow , but presently he is unsure how much or when Commissioner Allen L Mims , Jr asked Mr Bryant if he was agreeable to installing the buffers as requested by Ms Perry Mr Bryant stated they would comply with the conditions imposed by the County but may have to find another location if the requirements are too costly Owner Applicant John Henry Eatmon addressed the Board again and stated that Ms Perry is his sister and he has owned his property as long as she has owned hers He stated that he was unaware Ms Perry opposed the proposed operation Mr Eatmon reiterated comments by Mr Bryant that the company has gotten rid of most of the equipment in the photographs submitted by Ms Perry Chairman Wade M Stewart asked what type of foliage was presently on the property and how much would have to be cleared to accommodate the proposed use Mr Eatmon stated the subject site is presently covered with pine trees and some clearing would have to be done , but a 20 ft buffer would remain Mr Gray stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 09 - 21 Decision on Rezoning Case 09 - 21 Case 09 - 21 Petition to rezone 539 acres located at 452 Eatmon Road SR 1738 in O’Neal’s Township from Agricultural Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 11L03199K Owner Applicant John Henry Eatmon Commissioner W Ray Woodall moved the Board approve rezoning case 09 - 21 to rezone 539 acres located at 452 Eatmon Road in O’Neal’s Township from Agricultural Residential to Industrial 1 - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 09 - 21 PagePage pageNumber6649 January 4 , 2010 – 6 00 pm Continued Case 09 - 21 To allow for the construction of a contractors office and storage yard Owner Applicant John Henry Eatmon Those wishing to speak on Special Use Case 09 - 21 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the construction of a contractors office and storage yard Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 21 on September 10 , 2009 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 November 17 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 21 and made the following recommendations Upon a motion by Mr Edwards to approve the request as presented , seconded by Mr DeLaine and carried by a vote of 8 - 0 , the Planning Board recommended preliminary approval of the Rezoning Request for Case 09 - 21 at the November 17th Planning Board Meeting Upon a motion by Mr Smith to approve the Special Use Conditions as presented with the addition of hours of operation , seconded by Mr Edwards and carried by a vote of 8 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 21 at the November 17th Planning Board 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 Install fence around yard Leave 20 ’ buffer of trees Staff The applicant is proposing to sell construct and operate a contractors office and storage yard 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 Will use 3 ± acres leaving natural trees for buffer around property to blend in with other properties Staff The office and storage area will meet the setback , 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 use trees for buffer around property Staff The retention of existing vegetation around the site will sufficiently screen the site from adjacent properties 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 this land is in Secondary Growth Zone of the Land Use Plan and is intended to help with the effective growth of land Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Contractors office and storage yard Special Use Conditions 1 Permitted Uses Contractors office and storage yard 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 is acceptable in lieu of the Class B buffer 1 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet A Class B landscape buffer shall be installed along all rezoning lines where existing vegetation is not equal or more intense to a Class B buffer PagePage pageNumber7650 January 4 , 2010 – 6 00 pm Continued 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing Gate opening shall be recessed setback to prevent trucks from blocking road 6 All signage shall comply with the sign code limited to a 60sf ground or monument sign only 7 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 9 Hours of operation 6 00am - 8 00pm Monday - Sunday , except in the occurrence of line break or similar emergency Bold indicates changes additions Mr Gray listed and reviewed each of the special use conditions with the Board Chairman Wade M Stewart asked Mr Gray if the Planning Department staff had visited the subject property and if so , in their opinion , would any of the existing vegetation be considered an adequate buffer Mr Gray responded that it would depend on how much clearing would be done by the company as to whether or not additional landscaping would be required along with the existing vegetation for buffering Commissioner Tony Braswell commented on the proposed hours of operation in the special conditions and asked for more information as to how the hours were established Mr Gray stated the proposed hours of operation were set by the Planning Board following discussions with the applicant Interim County Attorney David Mills indicated that it was his recollection the Planning Board wanted to have language in the condition regarding the hours of operation to account for emergency work such as water line breaks that may occur on the weekends Commissioner Braswell stated he could understand the need to have language that addressed the company working on emergency jobs ; however , he questioned why Sunday would be included with the regular hours Tony Bryant , 140 Walnut Drive , Benson , and President of Billings & Garrett proposed company , explained that the company rarely works on the weekends ; however , he noted that on occasion , some jobs require them to perform work only on the weekends , therefore they requested Sunday to be included Betty Faye Perry , 316 Mitchell Store Road , Youngsville , asked the Board to consider requiring a 10 – 12 ft high fence with slats in between her property and along the road to obscure visibility Ms Perry commented that there are pine trees on the property , but she can see through them to the subject site Ms Perry asked for the Board to require the fence as well as Cypress trees to be planted along the property line that adjoins her property to help cut down on visibility and noise , in anticipation of her grandchildren moving on her property someday Commissioner Cookie Pope noted that the proposed special conditions call for landscaping as well as for the storage yard area to be fenced Upon a question by Commissioner Jeffrey P Carver , Ms Perry stated she has not seen all of the proposed special conditions and was unable to attend the Planning Board meeting Ms Perry spoke on her concerns regarding the proposed hours of operation as well as what type of fence would be required and the need for a retaining wall to address potential erosion control issues Mr Gray explained that the fence around the storage yard would have to be 8 ft in height and opaque in order to obscure visibility , according to the Land Development Code Commissioner Allen L Mims , Jr assured Ms Perry that the County has a stormwater administrator that would address any possible erosion control issues Owner Applicant John Henry Eatmon stated that the company would construct a metal building approximately 40 ft x 60 ft to service equipment and there would be a 20 ft buffer along the property lines He stated a mobile office unit would be placed at the front of the property for an office Mr Gray stated the mobile office would fall under the same regulations as a residential mobile home and would have to be underpinned PagePage pageNumber8651 January 4 , 2010 – 6 00 pm Continued Upon questions by Commissioner Braswell regarding the hours of operation , Mr Bryant reported he arrives to the office at 6 30 am each day and the office usually closes at 5 00 pm Mr Bryant reiterated his earlier comments that the company rarely works on the weekends and only under unusual or emergency circumstances Commissioner Braswell stated the Board is charged with reviewing the evidence submitted to them and there has been evidence that there is residential property on the road Commissioner Braswell stated he understands there are emergency situations requiring the company to work on weekends ; however , according to the special conditions as proposed , it calls for the regular hours of operation to be Monday – Sunday , which he finds unusual Mr Gray stated the Planning Board recommended approval Upon a question from Commissioner Mims , Mr Gray confirmed that the opaque fence around the storage yard would be 8 ft in height , according to the code There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 21 Decision on Special Use Case 09 - 21 Case 09 - 21 To allow for the construction of a contractors office and storage yard Owner Applicant John Henry Eatmon Motion Based on the findings of facts and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 21 allowing for the construction of a contractors office and storage yard on 539 acres located at 452 Eatmon Road in O’Neal’s Township Further Discussion Commissioner Allen L Mims , Jr stated he would second the motion by Commissioner Woodall if the special conditions could be revised to include some type of extra landscaping on the outside of the fence such as Leyland Cypress trees or something similar on the property line adjoining Ms Perry Commissioner Tony Braswell stated he would like to see the hours of operation adjusted to reflect Monday through Saturday , except in the case of emergencies Commissioner Mims agreed with Commissioner Braswell on his suggestion for the hours of operation Amendment to Motion and Vote Commissioner Woodall amended his motion that based on the findings of facts and the revised special use conditions with amendments to landscaping on the outside of the fence and the hours of operation , the Board authorize the Planning Department to issue a special use permit for Case 09 - 21 allowing for the construction of a contractors office and storage yard on 539 acres located at 452 Eatmon Road in O’Neal’s Township Commissioner Allen L Mims , Jr seconded the amended 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 Contractors office and storage yard 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 is acceptable in lieu of the Class B buffer 1 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet A Class B landscape buffer shall be installed along all rezoning lines where existing vegetation is not equal or more intense to a Class B buffer 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing In addition to the required buffering , a row of evergreen trees such as Leyland cypress shall be planted outside the fence along the Betty Faye Perry property line north as well as in front of the fence between the office and the Perry property line Gate opening shall be recessed setback to prevent trucks from blocking road PagePage pageNumber9652 January 4 , 2010 – 6 00 pm Continued 6 All signage shall comply with the sign code limited to a 60sf ground or monument sign only 7 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 9 Hours of operation 6 00am - 8 00pm Monday - Saturday , except in the occurrence of line break or similar emergency Case 09 - 19 It was determined that the applicant for Case 09 - 19 had arrived The Chairman reopened the Rezoning Hearing for Case 09 - 19 Case 09 - 19 Petition to rezone 184 acres located at 5317 Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 05F02199C Owner Applicant Loumas and Marjorie Parrish Planning Director Berry Gray stated the petition is to rezone 184 acres located at 5317 Cornwallis Road in Cleveland Township from Agricultural Residential to Community Business Mr Gray stated the site is presently used for a single family dwelling Mr Gray reported the area is designated with a “ Community Activity Center Node ” and is within a “ Primary Growth Area ” based on the Johnston County Comprehensive Land Use Plan Owner Applicant Loumas Parrish asked the Board to approve the rezoning and stated the proposed barber beauty shop would be open in the evening hours and the dwelling has already been up - fitted for the use Mr Gray stated the Planning Board recommended approval of the rezoning request Upon a question from Commissioner Jeffrey P Carver , Mr Gray confirmed that under a Community Business zoning designation , the property could be utilized for such uses as convenience store ; however , the zoning classification is not as intense as General Business and could not be used for such uses as auto repair or salvage Commissioner Carver commented that under the straight Community Business zoning designation , even though the applicant is proposing a barber shop , later on , it could be used as a convenience store or some other use allowed under Community Business other than a barber shop Commissioner Allen L Mims , Jr recalled Mr Gray’s statement that the area is designated with a “ Community Activity Center Node ” in the Comprehensive Land Use Plan and there is a convenience store located directly across the street There being no further comments , the Chairman closed the Rezoning Hearing for Case 09 - 19 Decision on Rezoning Case 09 - 19 Case 09 - 19 Petition to rezone 184 acres located at 5317 Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 05F02199C Owner Applicant Loumas and Marjorie Parrish Commissioner Cookie Pope moved the Board approve rezoning case 09 - 19 to rezone 184 acres located at 5317 Cornwallis Road in Cleveland Township from Agricultural Residential to Community Business Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 3 Public Hearing – LDC Amendment – Watershed Regulations Advertised – In The Smithfield Herald – December 23 and 30 , 2009 The Chairman opened the public hearing Planning Director Berry Gray explained the amendment pertains to the Water Supply Watershed Regulations as it relates to non - residential uses Mr Gray stated staff’s intention is to clarify non - residential exclusions as they apply to the critical area versus the protected area based on North Carolina Division of Water Quality guidelines Mr Gray reviewed the amendment with the Board and noted that the Town of Smithfield was contacted regarding the revisions in that their water intake would be affected and they had no concerns with the proposed changes He also noted that the Town of Clayton has been involved in the amendments as well asPage0653 January 4 , 2010 – 6 00 pm Continued the County Utilities Department staff He stated the Planning Board recommended approval of the amendment and offered to answer any questions There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the amendment to the Code of Ordinances , Land Development Code as follows Sec 14 - 105 Water supply watershed protection district WSW k Permitted uses 1 The following uses are permitted as a principal use in the watershed protection district provided such uses are also permitted in the underlying zoning district and providing that the requirements stated in this section and this article a Critical Area a 1 Agriculture , subject to the provisions of the Food Security Act of 1985 and the Food , Agricultural , Conservation and Trade Act of 1990 b 2 Silviculture , using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality 15 NCAC II 61010209 c 3 Residential development d 4 Nonresidential uses development , excluding discharging landfills and sludge application sites sites for land application of residuals or petroleum contaminated soils or septage , mining and quarrying activities and the storage of toxic and hazardous materials unless a spill containment plan is implemented b Protected Area a 1 Agriculture , subject to the provisions of the Food Security Act of 1985 and the Food , Agricultural , Conservation and Trade Act of 1990 b 2 Silviculture , using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality 15 NCAC II 61010209 c 3 Residential development d 4 Nonresidential uses development , excluding discharging landfills and sludge application sites , mining and quarrying activities and the storage of toxic and hazardous materials unless a spill containment plan is implemented 4 Design Manual and LDC Amendment – Open Space – Second Vote Public Hearing Held on December 7 , 2009 Planning Director Berry Gray recalled that at the December 7 , 2009 meeting , the vote to approve an amendment regarding open space was not unanimous ; therefore , a second vote was needed Mr Gray briefly reviewed the amendment with the Board and offered to answer any questions Commissioner W Ray Woodall expressed his concerns with open space requirements and what could be done to ensure any amenities within a development are turned over to a homeowners association Mr Gray stated as long as the requirement for the amenities to be transferred to the homeowners association is adequately spelled out in the development’s covenants , then there should be no issues with the homeowners association assuming the ownership of the amenities Mr Gray clarified that a development’s covenants should be and usually are established in the initial stages of the project to avoid issues after lots are sold Interim County Attorney David Mills agreed with Mr Gray and stated it is becoming more of the normal practice over recent years that restrictive covenants take amenities into account Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Allen L Mims , Jr , and carried by the following vote , the Board approved the amendment to the Code of Ordinances , Land Development Code as follows Ayes Commissioners Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , and Tony Braswell Nays Commissioners Wade M Stewart and Cookie Pope Section 14 - 75 Agricultural - Residential District AR f Provision of Common Open Space or Recreation Area Requirements All residential developments shall provide or dedicate common open space or recreation areas suitable for the residents common passive or active recreational uses or make a payment in lieu of provision or dedication Design criteria can be found in the Design Manual g Minimum Common Open Space or Recreation Area Where When common open space or recreational area must be provided or dedicated as part of a residential development , its total land area shall be at least ten fifteen 15 percent ofPage1654 January 4 , 2010 – 6 00 pm Continued the total gross land area of the development however total amount of open space provided can be no less that two acres in size Where amenities are proposed , a reduction in the required minimum acreage may be approved by the Planning Board For subdivisions with less than 2 acres of open space , the Planning Board shall determine if the location , design , use , and area provide a benefit to the community , require revision , or proposal of fee - in - lieu The required open space shall be contiguous , unless it is determined by the Planning Board that the required open space can be split and located at different places in a subdivision development Wherever possible , open space and recreation areas should be located as to abut existing open space in adjacent developments or phases If a proposed subdivision development contains wetlands and or riparian or stream buffer areas , or overhead electric utility easements , they must be designated as common open space However , these areas will not count toward the amount of required open space No off - site septic areas for the benefit of residential lots can be included within the open space If it can be demonstrated by the developer that this requirement presents an unreasonable hardship and strictly limits the amount of lots they can develop , then the Planning Board can allow these areas to be included in residential lots so long as all other requirements of this section are met Any proposed reduction or change involving previously recorded open space must be approved by the Planning Board The applicant must provide sufficient information on why the change is requested and why no other alternative exists h Method of Provision or Dedication Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the County Register of Deeds Amenities shall be designated on the final plat and shall be specific as to type of amenity use Design criteria can be found in the Design Manual Such common open space land shall may be dedicated or deeded to an appropriate public body upon their acceptance , land trust , nonprofit , or for - profit organization established for the purpose of land conservation or recreational purposes ; or create a neighborhood or homeowners association for the continuing maintenance and control of common open space or recreation area ; or , held by the owner for the continuing maintenance and control of common open space or recreation area , subject to a binding agreement with financial surety for such maintenance subject to the recording of a permanent conservation easement or similar open space or recreational land dedication i Payments in Lieu of Provision or Dedication In lieu of providing or dedicating common open space or recreation area required pursuant to this section , a developer of a subdivision or planned development may choose to make a payment to the County As noted in Section 14 - 75 g , if the the required open space to be provided is less then two acres the Planning Boards shall determine if fee - in - lieu shall be required whereby the County may acquire common open space land The County shall use such payment only for the acquisition or development of open space , recreation , or park sites to serve residents of the County The amount of the payment shall be the product of the total number of lots or dwelling units recorded proposed multiplied by the that fee established in the Countys Annual Schedule of Fees The developer shall make the payment before approval of a final plat or issuance of a land use permit ; provided , however , that the Planning Director may allow phasing of payments consistent with the approved phasing of the subdivision development j Access to Open Space All open space must be pedestrian accessible Open space not contiguous to a proposed subdivision street must have a minimum of a 20 - foot fee - simple access 5 Call for Public Hearings – Land Development Code Amendments – Duplexes and Traffic Impact Analysis At the request of Planning Director Berry Gray , the Chairman scheduled public hearings for the February 1 , 2010 6 00 pm meeting to discuss proposed amendments to the Land Development Code as it relates to duplexes and traffic impact analysis issues 6 Manager Reports and Comments A Town of Archer Lodge Request The County Manager informed the Board that the Archer Lodge Town Council has submitted a request for an extension on the deadline for the appointment of a town planning board and adoption of a zoning ordinance due to timing restraints and the requirement to hold a public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board voted to grant the Archer Lodge Town Council a 30 day extension on the appointment of its planning board and adoption of the zoning ordinance , with the understanding that the extension would not change any other deadlines set out within the Planning and Land Use agreement B Closed Session The County Manager requested a closed session pursuant to NCGS § 14331811 a 6 – Personnel 7 Board Reports and Comments None Page2655 January 4 , 2010 – 6 00 pm Continued 8 NC Stop Torture Now Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board and provided a self - prepared summary of events that occurred within the last year to demonstrate what his organization believes indicates the accountability of those who kidnap and abuse detainees domestically and internationally 9 Closed Session - NCGS § 143 - 31811 a 6 – Personnel Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board recessed regular session to sit in closed session in accordance with NCGS § 143 - 31811 a 6 – Personnel 10 County Attorney Position Action Taken in Open Session Commissioner Cookie Pope moved the Board adjourn closed session and resume regular session Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board appointed David Mills as the County Attorney until December 31 , 2010 There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 7 45 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage