April 5, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 774 Meeting of the Johnston County Board of Commissioners April 5 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 5 , 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 , DeVan Barbour , and Tony Braswell Absent W Ray Woodall Also Present Paula G Woodard , Clerk to the Board , David F Mills , 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 Chairman Stewart noted the absences of Commissioner W Ray Woodall and County Manager Rick J Hester due to illnesses 1 Public Comments None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – March 24 and 31 , 2010 Certified letters were mailed to adjoining property owners on March 22 , 2010 Notices were posted at the locations on January 26 , 2010 for Cases 05 - 07 and 10 - 03 The Chairman opened the Special Use Hearing for Case 05 - 07 Case 05 - 07 A petition to modify the Special Use Permit as follows original permit allows for an auction house and church services The modification is to allow for the sale of agriculturally related products such as , but not limited to , grapes , grape juice , jelly , and wine to include wine tasting Property is currently zoned CB - SUD and is located on Stephenson Road SR 1322 approximately1 4 of a mile east of its intersection with Zack’s Mill Road SR 1319 in Pleasant Grove Township Tax ID 13D04096 Owner Applicant CAG Farms Inc Those wishing to speak on Special Use Case 05 - 07 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is a petition to modify the special use permit as follows original permit allows for an auction house and church services The modification would allow for the sale of agriculturally related products such as , but not limited to , grapes , grape juice , jelly , and wine , including wine tasting The property is currently zoned Community Business – Special Use District and is located on Stephenson Road approximately one - fourth of a mile east of the intersection with Zack’s Mill Road in Pleasant Grove Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 07 on December 31 , 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 Page775 April 5 , 2010 – 6 00 pm Continued On February 16 , 2010 , the Johnston County Planning Board held a public hearing regarding the Modification of the Special Use Permit for Case 05 - 07 and made the following recommendations Upon a motion by Mr Browder to approve the request as presented , seconded by Mr DeLaine and carried by a unanimous vote of 8 - 0 Mr Summerlin had left the meeting , the Planning Board recommended approval of the Rezoning Request for Case 05 - 07 at the February 16th , 2010 Planning Board Meeting Upon a motion by Mr to approve the request , seconded by Mr and carried by a vote of 8 - 0 , the Planning Board recommended approval of the Special Use Conditions for Case 05 - 07 at the February 16th , 2010 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 Would like to modify existing permit to allow retail sales of agricultural products grapes produced and processed for value added products on farm No determent to the public will be affected by the modification of permit Security lights will be provided Staff The applicant is proposing to use an existing structure to operate an auction house and sale agriculturally related products 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 No change in the intended use of this property is expected with regards to the auction , church , farming and agricultural products All local , state and federal regulations will be followed Staff This existing building meets the setback , access requirements , and complies with the building code , and 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 permit modification will only help to maintain and enhance the values of contiguous property , or that the use or development is a public necessity Staff The location has a current special use permit for retail goods Existing vegetation appears to be consistent with a Class B landscape buffer 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 this zoning modification will meet zoning requirements of Johnston county especially in Agri - tourism and farming 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 The addition of retail sales of agricultural products grapes produced and processed Special Use Conditions 1 Permitted Uses Operation of an auction house ; place of worship ; the sale of agriculturally related products , such as but not limited , to grapes , grape juice , jelly , and wine to include wine tasting 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Must comply with any NCDOT required traffic improvements 5 Buffer Maintain existing vegetation 6 Operation hours Auction Gallery and agriculturally related sales , Monday thru Sunday , 8 00 am – 10 00 pm Church Services , Monday thru Sunday , 8 00 am – 10 00 pm there will also be one midnight service conducted annually at Christmas time 7 Signage Incorporate into existing sign 8 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 9 Any lighting features will have to be included in the detailed site plan provided to staff 10 Shelter area shall be used for auctions and the sales of agriculturally related products 11 Subject to all applicable laws for the manufacturing , sale , and distribution of alcoholic products 10 Shelter must be upgraded to commercial codes prior to issuing or recording the Special Use Permit 11 Shelter will be solely used for loading unloading and storage of auction goods ; no sales , auctions , or other such events shall take place at the building until or unless the shelter meets commercial building code and a valid permit is issued by Building Inspections Mr Gray listed and reviewed the proposed modifications to the special use conditions with the Board He noted that the last time the Board reviewed the permit the applicant had requested a modification to add church services as an acceptable use on the site Mr Gray reported there are presently three structures on the property ; one being an open shelter previously used for storage that has since been brought up to commercial code Mr Gray clarified that a winery is a permitted use in the Agricultural Residential District ; however , because it would be open to the public , the special use modification is required Page776 April 5 , 2010 – 6 00 pm Continued Chairman Wade M Stewart inquired if any additional traffic improvements would be needed to accommodate the new use , if approved Mr Gray reported the Department of Transportation’s preliminary review has indicated no major improvements are needed Owner Applicant Lane Gregory , CAG Farms , Inc , addressed the Board and stated they are currently putting in a vineyard on the subject site Mr Gregory reported that since the Planning Board meeting , they have changed their plans and now propose to put the winery in the former restaurant building on the property rather than the former open shelter area Chairman Stewart asked Mr Gray if the proposed special conditions would need to be amended to reflect Mr Gregory’s decision to place the winery in the former restaurant building Mr Gray responded that condition # 10 could be amended slightly to state “ shelter area shall be used for auctions and or the sales of agriculturally related products ” Commissioner Allen L Mims , Jr asked Mr Gregory for more information on his plans for the winery Mr Gregory explained that eventually they would like to make wine with grapes grown on the property and they also plan to sell grapes to other area wineries at some point He noted they also plan to produce jellies and other related goods Commissioner Tony Braswell inquired if Mr Gregory plans to initially purchase grapes from other area vineyards Mr Gregory stated that they have spoken with Hinnant Vineyards in Pine Level and may initially purchase grapes and or juice from Hinnant Vineyards until their crop is mature enough to make wine Mr Gregory also reported they are working with a consultant from Hickory , North Carolina to assist them with the State permitting processes for a winery operation He stated eventually they hope to have a facility similar to the Hinnant Vineyards operation Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 07 Decision on Special Use Case 05 - 07 Case 05 - 07 A petition to modify the Special Use Permit as follows original permit allows for an auction house and church services The modification is to allow for the sale of agriculturally related products such as , but not limited to , grapes , grape juice , jelly , and wine to include wine tasting Property is currently zoned CB - SUD and is located on Stephenson Road SR 1322 approximately1 4 of a mile east of its intersection with Zack’s Mill Road SR 1319 in Pleasant Grove Township Tax ID 13D04096 Owner Applicant CAG Farms Inc Based on the findings of facts and the revised special use conditions with a revision to condition # 10 , Commissioner Cookie Pope moved the Board approve the modification to the special use permit for Case 05 - 07 as follows original permit allows for an auction house and church services - modification to allow for the sale of agriculturally related products such as , but not limited to , grapes , grape juice , jelly , and wine to include wine tasting on property currently zoned CB - SUD located on Stephenson Road approximately one - fourth of a mile east of the intersection with Zack’s Mill Road in Pleasant Grove Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Operation of an auction house ; place of worship ; the sale of agriculturally related products , such as but not limited , to grapes , grape juice , jelly , and wine to include wine tasting 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Must comply with any NCDOT required traffic improvements Page777 April 5 , 2010 – 6 00 pm Continued 5 Buffer Maintain existing vegetation 6 Operation hours Auction Gallery and agriculturally related sales , Monday thru Sunday , 8 00 am – 10 00 pm Church Services , Monday thru Sunday , 8 00 am – 10 00 pm there will also be one midnight service conducted annually at Christmas time 7 Signage Incorporate into existing sign 8 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 9 Any lighting features will have to be included in the detailed site plan provided to staff 10 Shelter area shall be used for auctions and or the sales of agriculturally related products 11 Subject to all applicable laws for the manufacturing , sale , and distribution of alcoholic products The Chairman opened the Rezoning Hearing for Case 10 - 03 Case 10 - 03 Petition to rezone 1 acre of a 58 acre tract located on NC Hwy 50 South in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01G12095 Owner Applicant Jeremy Dean and Shelly Adams Norris Planning Director Berry Gray stated the petition is to rezone one acre of a 58 acre tract located on NC Hwy 50 South in Banner Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray reported the existing land use is currently used for agricultural purposes He stated the surrounding land uses are zoned Agricultural Residential and used for such purposes ; General Business – Special Use District and used for an auto mechanical , paint , and body repair shop ; General Business ; and Industrial 1 used for a variety of different uses , primarily agriculturally related Mr Gray reported the area is located within a designated “ Agricultural Rural Conservation Area ” in the Land Use Plan which denotes areas of low levels of growth pressures anticipated over the next 20 years Owner Applicant Jeremy Norris addressed the Board and stated the proposed operation would be located off the road back into the subject property Mr Norris explained his plans are to construct a historical old - fashioned style distillery and open it up for tours and a gift shop Mr Norris stated he would grow his own grains and demonstrate the distillery process from start to finish He noted the product would be marketed through the ABC stores Isaac Parker , Attorney for Mr Norris , 212 E Main Street , Benson , informed the Board that he is assisting Mr Norris with the ABC permitting process and offered to answer any questions Mr Gray stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 10 - 03 Decision on Rezoning Case 10 - 03 Case 10 - 03 Petition to rezone 1 acre of a 58 acre tract located on NC Hwy 50 South in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01G12095 Owner Applicant Jeremy Dean and Shelly Adams Norris Commissioner Cookie Pope moved the Board approve rezoning case 10 - 03 to rezone 1 acre of a 58 acre tract located on NC Hwy 50 South in Banner Township from Agricultural Residential to General Business - Special Use District Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 10 - 03 Case 10 - 03 To allow for the operation of a Distillery and Gift Shop Owner Applicant Jeremy Dean and Shelly Adams Norris Those wishing to speak on Special Use Case 10 - 03 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 distillery and gift shop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 03 on December 31 , 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 PagePage pageNumber5778 April 5 , 2010 – 6 00 pm Continued • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On February 16 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 03 and made the following recommendations Upon a motion by Mr Letchworth to approve the request as presented , seconded by Mr DeLaine and carried by a unanimous vote of 8 - 0 Mr Massengill stepped down from this case , the Planning Board recommended approval of the Rezoning Request for Case 10 - 03 at the February 16th , 2010 Planning Board Meeting Upon a motion by Mr Gathers to approve the request with the change to the hours , seconded by Mr DeLaine and carried by a unanimous vote of 8 - 0 Mr Massengill stepped down from this case , the Planning Board recommended approval of the Special Use Conditions for Case 10 - 03 at the February 16th , 2010 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 No consumption on site , sufficiently buffered from neighbors ; designed for tours to view manufacturing and facility Staff The applicant will be subject to special use conditions and state and federal laws which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Required to meet all designed criteria and regulations will meet buffer requirements ; hours Tuesday thru Saturday 10am till 10pm ; November and December 10am till 6pm Staff The proposed building meets the setback and access requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Provides for a historical tour and promote tourism ; no consumption on - site ; provide additional traffic to nearby stores Staff The existing vegetation appears to be consistent with a Class B landscape buffer 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 Meet all required codes and regulations ; geared towards agricultural by producing own corn and barley for distillery 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 Distillery and Gift Shop Special Use Conditions 1 Permitted Uses Operation of a distillery and gift 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 Subject to all applicable laws for the manufacturing , sale , and distribution of alcoholic products 5 Hours of operation for the facility shall be 24 hours a day , Monday through Sunday 6 Hours of operation for tour and gift shop shall be 10am to 9pm Monday Tuesday thru Saturday and 12pm to 6pm on Sunday ; 10am to 10pm for the months of November and December 7 All signage shall comply with the sign code limited to a ground 60 sqft in area and 6 feet in height 8 Existing vegetation appears to be consistent with a Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet in most areas and shall remain or be replaced with equivalent 9 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Bold denotes changes additionsPagePage pageNumber6779 April 5 , 2010 – 6 00 pm Continued Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray stated the subject site is sufficiently buffered and located approximately 1,700 feet down a path with adequate vegetation Mr Gray reported Mr Norris and or his family owns much of the surrounding property He noted there will be no onsite sales or consumption Owner Applicant Jeremy Norris and Isaac Parker , Attorney for Mr Norris , addressed the Board and stated they have no objections to the special use conditions as proposed Commissioner Cookie Pope advised Mr Norris to make sure he researches the proper regulations on the disposal of mash associated with the distillery , indicating that there may be specific requirements by Environmental Health Mr Gray stated the Planning Board recommended approval Commissioner Allen L Mims , Jr asked about any possible driveway improvements Mr Gray indicated that he envisions the Department of Transportation possibly requiring some apron improvements ; however , at the present time , staff has not been advised of any major improvements required by DOT There being no further comments , the Chairman closed the Special Use Hearing for Case 10 - 03 Decision on Special Use Case 10 - 03 Case 10 - 03 To allow for the operation of a Distillery and Gift Shop Owner Applicant Jeremy Dean and Shelly Adams Norris Based on the findings of facts and the special use conditions , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 03 to allow for the operation of a distillery and gift shop on one acre of a 58 acre tract located on NC Hwy 50 South in Banner Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Operation of a distillery and gift 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 Subject to all applicable laws for the manufacturing , sale , and distribution of alcoholic products 5 Hours of operation for the facility shall be 24 hours a day , Monday through Sunday 6 Hours of operation for tour and gift shop shall be 10am to 9pm Monday thru Saturday and 12pm to 6pm on Sunday ; 10am to 10pm for the months of November and December 7 All signage shall comply with the sign code limited to a ground 60 sq ft in area and 6 feet in height 8 Existing vegetation appears to be consistent with a Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet in most areas and shall remain or be replaced with equivalent 9 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 3 Call for Public Hearing LDC Amendment – Planned Unit Developments Planning Director Berry Gray requested the Board to schedule a public hearing for the May 3 , 2010 , 6 00 pm meeting to discuss proposed amendments to the Land Development Code as it relates to Planned Unit Developments Mr Gray briefly reviewed some of the proposed amendments with the Board Chairman Wade M Stewart scheduled the public hearing for the May 3 , 2010 6 00 pm meeting 4 Manager Reports and Comments None PagePage pageNumber7780 April 5 , 2010 – 6 00 pm Continued 5 Board Reports and Comments None 6 NC Stop Torture Now Allyson Caison , 312 North Massey Street , Selma , presented the Board with an invitation to a conference entitled “ Weaving a Net of Accountability – Taking on Extraordinary Rendition at the State and Regional Level ” taking place at Duke University on April 8 – 10 , 2010 Chuck Fager , 223 Hillside Avenue , Fayetteville , stated that the conference was free to the public and further shared some information about the background of some of the guest speakers that would be at the conference There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 35 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage