May 3, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 813 Meeting of the Johnston County Board of Commissioners May 3 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 3 , 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 , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , David F Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A SECU Hospice House of Johnston Health Recognition Jim Jenkins , representing the Johnston Health Foundation Board , reported that construction of the 18 - bed SECU Hospice House of Johnston Health is now complete He noted all inspections were passed last Friday and they are expecting their pharmaceutical DEA number to be issued later this week Mr Jenkins stated it is possible that the first residents could be accepted into the facility as early as this week Mr Jenkins expressed his appreciation to Dean Barbour , Director of the Johnston County Inspections Department , and the Inspections Department staff for their prompt and efficient service throughout the construction process Mr Jenkins further expressed his appreciation to the County Commissioners for their support to the project and presented a framed photograph of the finished Hospice House for display in the County Administration Office B Residential Firearm Ordinance William Staton , 220 Korat Lane , Clayton , addressed the Board and requested the County to adopt an ordinance prohibiting the discharge of firearms within close proximity to other dwellings Mr Staton informed the Board of a situation in his residential development regarding a neighbor within the development who is shooting guns on his own property , but in close proximity to the other homes Mr Staton expressed his concerns over the situation and stated he and his family live in constant fear of bullets coming through their house Mr Staton stated they have contacted the Johnston County Sheriff’s Department ; however , he stated an ordinance needs to be in place for the Sheriff’s Department to enforce and remedy the situation Following further discussion , County Attorney David Mills stated he would speak with Mr Staton and Sheriff Steve Bizzell regarding the issue and possible solutions Chairman Wade M Stewart and the Commissioners agreed that the situation is very serious and instructed staff to look into the matter immediately C Road Improvements Around South Johnston High School Recent Teen Fatalities Tammy Wood , 744 Sandy Road , Four Oaks , addressed the Board regarding the recent teen fatality due to a motor vehicle accident that occurred near South Johnston High School Ms Wood informed the Board that the ingress and egress as well as surrounding roads to South Johnston High School are in need of improvement as well as possible reductions in the posted speed limits , the installation of traffic signals , and the installation of school zone signs Ms Wood requested the Board to encourage the Department of Transportation as well as local law enforcement to help improve the situation and avoid future teen fatalities Commissioner Jeffrey P Carver reported he had spoken with Ms Wood earlier in the day and noted that he encouraged her and any other concerned parents to contact the County’s new Teen Driving Safety ProgramPage814 May 3 , 2010 – 6 00 pm Continued Coordinator , Derrick Duggins in the Johnston County Emergency Services Department , and inform him of their concerns and get him involved Commissioner Cookie Pope noted that she also has the same concerns as Ms Wood and the other parents with regards to the new Cleveland High School and agreed that the situation needs attention Commissioner DeVan Barbour agreed with Ms Wood that the ingress and egress at South Johnston High School has always been an issue and there have been a lot of accidents over the years He stated that a solution needs to be put into place to help the situation Commissioner Tony Braswell stated the Board of Commissioners had just received a presentation at the 10 00 am meeting from the Teen Driving Safety Program Steering Committee that consisted of recommendations on how to improve teen driving in the County and hopefully reduce the occurrence of fatalities in the future He noted the Board would be adopting a resolution accepting and endorsing the recommendations from the Committee later in the meeting The following individuals in the audience joined Ms Wood and expressed their concerns to the Board regarding the recent teen fatalities and the need for solutions to lessen the problem Natalie Pollard Bridgett Olive Karen Barbour Rose Harper Victoria Wood Beth Langston Kim McLamb Monty McLamb D Recognition of Boy Scouts Chairman Wade M Stewart recognized two Boy Scouts in the audience , Matthew Hoskins and Bryan Robinson Scout Master Michael Hoskins stated the Boy Scouts are from Troop 33 in Johnston County and were attending the meeting to earn a merit badge The Board wished the young men well and encouraged them to continue their participation with the Boy Scouts E Resolution - Teen Driving Safety Program Steering Committee Recommendations Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board adopted the following resolution accepting and endorsing the recommendations of the Teen Driving Safety Program Steering Committee that were presented to the Board at the 10 00 am meeting RESOLUTION ACCEPTING AND ENDORSING THE JOHNSTON COUNTY TEEN DRIVING SAFETY PROGRAM STEERING COMMITTEE RECOMMENDATIONS WHEREAS , there are countless tales of tragedies in Johnston County from families suffering in the loss of a loved one due to teen fatalities resulting from motor vehicle crashes ; and WHEREAS , the Johnston County Board of Commissioners decided that it was time to put an end to the fatalities ; and WHEREAS , numerous public forums have been held along with meetings with many agencies and partners to discover a method best suited to accomplish the mission of ending teen driving fatalities ; and WHEREAS , the Johnston County Board of Commissioners appointed a Steering Committee to seek out additional resources as well as current programs already in place to provide recommendations on how to create one program best suited to serve the citizens of Johnston County and perhaps help citizens throughout the State of North Carolina that are faced with similar tragic situations ; andPage815 May 3 , 2010 – 6 00 pm Continued WHEREAS , the Steering Committee , after many hours of work , planning , and listening to the citizens of Johnston County , have developed the following recommendations for the Johnston County Board of Commissioners as a means of ending teen driving fatalities in Johnston County I Get Organized A Establish a permanent working group to monitor continued efforts regarding teen driving i This group will be the “ central receiving and distribution ” of all programs related to teen driving in Johnston County The group will be tasked to review any educational , awareness , prevention , and enforcement programs and coordinate the delivery of those programs by reaching out to partners and delivery agencies capable of providing the most benefit to our teens ii This group will work to ensure that duplication of services is reduced by combining efforts of interested agencies iii This group will make efforts to meet with all Johnston County High School Principals , Board of Education and Community College Administration each year to coordinate county - wide efforts and strategies regarding teen driving safety for the coming year B Appoint A Teen Driving Safety Coordinator i This person will oversee the teen driving group by facilitating meetings , researching existing programs , reaching out to other partnering agencies ii We recommend creating a position or assigning an existing county employee to ensure consistency and non - bias iii The Teen Driving Safety Coordinator will oversee the creation of a county website to address teen driving safety issues C Increase traffic stops and law enforcement presence at High Schools during arrival and departure times D Support efforts to identify coordination of teen driving programs at State Level i Currently , there are multiple agencies at the State Level assembling strategies and programs to aggressively reduce teen fatalities Department of Public Instruction , Department of Transportation , NC Highway Patrol , Governor’s Highway Safety Program , Department of Insurance , Department of Crime Control and Public Safety , Department of Motor Vehicles , UNC Highway Safety Research Center , etc These agencies are approaching teen driving safety issues sincerely , but without unified efforts We recommend that one state agency be in charge of coordinating all teen safety driving issues , including a state website II Teen Involvement A Heighten public awareness of teen driving safety issues in Johnston County i Provide multiple opportunities for students to produce safety campaigns at high schools utilizing signs , mascots , slogans , internet , crashed cars , etc It is crucial to have a “ buy in ” from teens Studies have proven that peer - to - peer interaction is more successful than adult - to - teen interaction B Pilot an Awareness Campaign i Develop a marketing campaign to magnify student awareness Utilize programs already in existence such as the Texas program “ Teens in the Driver’s Seat ” which provides videos , t - shirts and other marketing strategies to gain the attention of teens and parents III Identify and Improve the Roadways in Johnston County A Create awareness of an already existing service , where all citizens , county employees , teachers , teens , etc can call NCDOT to report dangerous road conditions These conditions can include intersections , extreme drop - offs , narrow roadways , curves , etc The telephone number is 1 - 877 - DOT - 4 - YOU Page816 May 3 , 2010 – 6 00 pm Continued B Review data from the above - mentioned call - ins to begin establishing priorities and planning to address hazardous roads C Meet with DOT Board Members and other DOT officials to request funding to improve road conditions in Johnston County , such as , using rumble strips at intersections , shoulder improvements , curve markings , etc IV New Training Methods A Provide driving simulators in every high school for enhancing the driving experience of the Driver’s Education curriculum B Provide computer - based games at a pre - driver’s education level to introduce the basics of driving C Create a local driving course s for realistic driving experience to be used by Driver’s Education instructors in teaching lane departure correction and other types of real world driving situations Possible sites Johnston County Airport , Johnston Community College , Parking lots of Johnston County schools V Reorganize and Standardize Driver’s Education A Currently , Driver’s Education instructors can be credentialed by taking an 80 hour DMV course or through East Carolina University There is no standardization of how the curriculums are taught from school to school or from county to county in North Carolina We support the Department of Public Instruction overseeing the total Driver’s Education Program and requiring a statewide standardization for training , instruction , and curriculum B Currently , Driver’s Education in Johnston County is 37 hours of classroom training and 6 hours of behind the wheel driving This committee feels that students need more experience and training behind the wheel C This committee suggests shifting the Driver’s Education program back into the day educational curriculum either as part of the health curriculum or as an elective Classroom training only VI Improve Graduated Licensing Program GDL A Mandate a parental driving log where students and their parent guardian must spend at least 50 hours behind the wheel in training during the Level 1 of GDL Parents must sign off when completed B Look at requiring no driving after dark at Level II C Possible revocation of license for charges such as speeding , texting , talking on cell phone , etc WHEREAS , the above recommendations were presented to the Johnston County Board of Commissioners at their regularly scheduled May 3 , 2010 10 00 am meeting and it is of the Board’s opinion that these recommendations will be beneficial and crucial in eliminating further teen driving fatalities in Johnston County NOW , THEREFORE , BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS that Johnston County hereby accepts and endorses the recommendations as set out by the Johnston County Teen Driving Safety Program Steering Committee and further resolve that this Resolution be forwarded to the appropriate Federal and State agencies that share this common interest and ask that they join us in our effort to reduce teen driving fatalities rd Adopted this 3 day of May 2010 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – April 21 and 28 , 2010 Certified letters were mailed to adjoining property owners on April 19 , 2010 Notices were posted at the locations on January 26 , 2010 for Cases 10 - 01 , 10 - 02 , and February 24 , 2010 for Case 10 - 05 The Chairman opened the Rezoning Hearing for Case 10 - 01 Case 10 - 01 Petition to rezone 13 acres located at 5340 US 70 in Boon Hill Township from General Business GB to Agricultural Residential AR Tax ID 04N12059F Owner Applicant Jesse King BraswellPagePage pageNumber5817 May 3 , 2010 – 6 00 pm Continued Planning Director Berry Gray stated the petition is to rezone 13 acres located at 5340 US 70 in Boon Hill Township from General Business to Agricultural Residential Mr Gray reported the existing land use is currently a single family dwelling He stated the surrounding land uses are zoned Agricultural Residential and used for such purposes ; General Business as part of the US 70 500 ft commercial corridor and mostly used for agricultural and residential purposes ; and Community Business and previously used for a consignment shop Mr Gray stated the request is to downzone the site to match the present use of the property Upon a question by Commissioner Allen L Mims , Jr , Mr Gray confirmed that a residence and barn are located on the property , but no commercial structures Owner Applicant Jesse King Braswell was present but had no comments 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 10 - 01 Decision on Rezoning Case 10 - 01 Case 10 - 01 Petition to rezone 13 acres located at 5340 US 70 in Boon Hill Township from General Business GB to Agricultural Residential AR Tax ID 04N12059F Owner Applicant Jesse King Braswell Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 01 to rezone 13 acres located at 5340 US 70 in Boon Hill Township from General Business to Agricultural Residential Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 10 - 02 Case 10 - 02 Petition to rezone 1 acre of a 35 acre tract located at 951 NC Hwy 231 Wendell , in Wilders Township from Agricultural Residential AR to Community Business CB Tax ID 16K01020B Owner Applicant George Mitchell Duke , Sr Life Estate Planning Director Berry Gray stated the petition is to rezone one acre of a 35 acre tract located at 951 NC Hwy 231 Wendell , in Wilders Township from Agricultural Residential to Community Business Mr Gray reported the site was previously used for a country store ; however , because the store has not been in operation for some time , the previous grandfathered use of Community Business has expired He stated the surrounding land uses are zoned Agricultural Residential and used for such purposes Mr Gray reported the area is located within a designated “ Primary Growth Area ” in the County’s Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated in the near term Owner Applicant George Duke stated the original business at the site was established in 1925 and has been in operation from time to time since 1967 He asked the Board to approve the rezoning request 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 10 - 02 Decision on Rezoning Case 10 - 02 Case 10 - 02 Petition to rezone 1 acre of a 35 acre tract located at 951 NC Hwy 231 Wendell , in Wilders Township from Agricultural Residential AR to Community Business CB Tax ID 16K01020B Owner Applicant George Mitchell Duke , Sr Life Estate Commissioner W Ray Woodall moved the Board approve rezoning case 10 - 02 to rezone 1 acre of a 35 acre tract located at 951 NC Hwy 231 Wendell , in Wilders Township from Agricultural Residential to Community Business Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 10 - 05 Case 10 - 05 Petition to rezone 19 acres located at 2498 King Mill Road SR 1334 in Elevation Township from General Business - Special Use District GB - SUD to Agricultural Residential AR PagePage pageNumber6818 May 3 , 2010 – 6 00 pm Continued Tax ID 07F06001D , 07G08008A Owner Applicant Johnnie and Chrystal Roberts Planning Director Berry Gray stated the petition is to rezone 19 acres located at 2498 King Mill Road in Elevation Township from General Business - Special Use District to Agricultural Residential He stated there is an automotive repair shop behind the residence on the subject site and the applicant wishes to rezone the property for the house location only Mr Gray pointed out that the automotive repair business would remain in the General Business – Special Use District Owner Applicant Johnnie Roberts indicated that it was not his intention for the home to be included with the business site during the original rezoning and he asked the Board to approve the request 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 - 05 Decision on Rezoning Case 10 - 05 Case 10 - 05 Petition to rezone 19 acres located at 2498 King Mill Road SR 1334 in Elevation Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 07F06001D , 07G08008A Owner Applicant Johnnie and Chrystal Roberts Commissioner Cookie Pope moved the Board approve rezoning case 10 - 05 to rezone 19 acres located at 2498 King Mill Road , in Elevation Township from General Business - Special Use District to Agricultural Residential Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 3 Public Hearing LDC Amendment – Planned Unit Developments Advertised – In The Smithfield Herald – April 21 and 28 , 2010 The Chairman opened the public hearing Planning Director Berry Gray explained that most of the changes include clarifications and would not cause major impacts on developers Mr Gray reviewed with the Board the proposed main changes to the code as follows 1 Reduction of the required minimum acreage from 100 acres to 25 acres for Mixed Use PUDs , as long as it is gravity feed sewer or private waste water system or private pump station that discharges into a public sewer system at the approval of Public Utilities The Johnston County Public Utilities Department was consulted 2 Provides landscape buffer options along the road frontage 3 Allowance for open space to be split throughout the subdivision as opposed to requiring one large area and mirroring the same requirements as a residential subdivision 4 Allows mixed use PUDs to have between 40 and 70 designated for residential uses 5 Addition of some excluded uses within the commercial section of a mixed use PUD 6 New requirement for sidewalks which is not required by the current code There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the amendments to the Code of Ordinances , Land Development Code as follows Section 14 - 257 Standards … j Planned Developments 1 Establishment of Planned Developments Planned Developments may be established in any zoning district in accordance with the procedures and general requirements set forth in Article II of this Chapter and with the requirements contained in this Section Planned Developments shall be appropriately located with respect to intended functions , to the pattern and timing of development indicated in the comprehensive plan , and to public facilities , provided by the County or a Municipality , existing or clearly to be available by the time the development reaches the stage where they will be needed 2 Relation to Major Transportation Facilities Planned Developments shall be located on a County designated Arterial or Collector street and shall be so designed as to provide direct access to the development without creating significant traffic in residential neighborhoods outside the development PagePage pageNumber7819 May 3 , 2010 – 6 00 pm Continued 3 Relation to Public Facilities and Services Planned Developments shall be located so as to have direct access onto a County designated Arterial or Collector street Planned Developments shall be so located in relation to sanitary sewers , and water lines provided by the County or a Municipality , or a public utility system acceptable to the County , storm and surface drainage systems , and other utilities or and installations that neither extension nor enlargement of such systems will be required in manner , form , character , location , degree , scale , or timing resulting in higher net public cost or earlier incursion of public cost than would development generally permitted under existing zoning and development policies Such developments shall be so located with respect to necessary public facilities as for example schools , parks , and playgrounds , and other public services in the case of Planned Development - Housing as to and have access to such facilities in the same degree as would developments permitted under general regulations , and shall be located , designed , and scaled so that access for public services is equivalent to , and net cost for such services is not greater than , access and net costs for public services for development permitted under general development controls However , locations for Planned Developments failing to meet the criteria of this Section may be approved if the applicants provide private facilities , utilities , and services equal to those provided by the County , and approved by appropriate public agencies as substituting on an equivalent basis , and assure their satisfactory continuing operation , permanently or until similar public utilities , facilities , or services provided by the County are available and used ; or make provisions acceptable to the County for offsetting any added net public cost of early commitment of public funds made necessary by such development In determining net public cost , the difference in anticipated public installation , operation , and maintenance costs and the difference in anticipated public revenue shall be considered Expenses involved in making such determination shall be paid by the applicant The applicant may make payments to offset the cost of public funds to establish necessary public services and facilities Determinations of impacts or necessities shall be made by the County or by experts acceptable to the County 4 Relation to Physical Character of the Site The site of a Planned Development shall be suitable for development in the manner proposed without hazards to persons or property , on or off - site the tract , and shall be free from the probability of flooding , excessive erosion , subsidence of slipping of the soil , or other dangers Condition of soil , groundwater , drainage , vegetation , and topography shall all be appropriate to both the kind and pattern of use intended If appropriate to the form of Planned Development , lands to be included in Planned Developments may be divided by streets , alleys , rights - of - way , or easements , which shall be located , dimensioned , and arranged so as to permit unified planning and provide necessary protection against adverse relationships between uses in the development and uses in the surrounding areas 5 Relation to Subdivision Review It is the intent of this Section that applicable subdivision review under the Subdivision Regulations be carried out as an integral part of the review of a Planned Development It is the further intent of this Section to permit the submittal of subdivision applications for the whole Planned Development or for approved plans thereof The form and content of applications and plans submitted for such integrated review shall be sufficient to satisfy requirements of the Subdivision Regulations as well as those of this Article 6 Reduction or Increase in Required Land Areas a The minimum and maximum land areas required for zoning lots containing the various classifications of Planned Development as specified in this Section may be reduced or increased by the Planning Board Board of Commissioners in accordance with the following provisions 1 Reductions in the minimum land area required may be approved upon findings in the particular case that special circumstances required such reduction , that other requirements can be met in such reduced area , and that such reduction shall not exceed ten percent of the area generally required 2 Increases in the maximum land area allowed may be approved upon findings in the particular case that the proposed plan of development or the character of the property involved require such increase to meet the requirements and intent of this Article or to provide necessary special protection are met b In reaching decisions on requests for reduction or increase in required land areas , the Board of Commissioners shall be guided by the provisions of the comprehensive plan and the protection of the public health , safety and general welfare of present and future occupants of the proposed development and the surrounding areas 7 Permitted Modifications of Regulations Where actions , designs , or solutions proposed by the applicant are not literally in accord with applicable Planned Development Regulations , general regulations , or other regulations of this Article , but the Board of Commissioners makes a finding in the particular case that the public purposes are satisfied to an equivalent or greater degree , the Commissioners may make specific modification of the regulations in the particular case Any modifications of regulations shall be explicitly indicated in the approval of a Planned Development k Planned Development - Housing PDH The following regulations and requirements apply to a Planned Development - Housing PDH , defined for purposes of this Article as a Planned Development primarily for dwellings and related uses and facilities 1 Intent With respect to timing of development of a particular PDH , it is intended that in addition to other policies and limitations set forth in this Article , consideration shall be given to general housing needs in the County as a whole and in the sub - community in which the development is proposed , and the need for particular types of housing In such consideration , due weight shall be given to availability of existing supply of housing types for which there is evident need in view of the age and economic characteristics of thePagePage pageNumber8820 May 3 , 2010 – 6 00 pm Continued population , and to the amount and types of potential housing being developed under issued County permits and building permits Planned Development - Housing PDH projects shall may contain a mix of single - and multifamily dwelling units Planned Development - Housing PDH developments shall be located in the Interstate Highway Interchange District , and the Municipal Transition District , or Sewer Service Area 2 Minimum Land Area Except as provided for in Section 14 - 104 f , The minimum land area required for a zoning lot containing a PDH shall be 100 acres 3 Permitted Uses The principal and accessory uses of land or structures within a PDH shall be as follows a Dwelling , single - family b Dwelling , two - family duplex Note Counted as one unit in density calculations c Multifamily d Residential Support Facilities club houses , pools , recreation areas Public use facility e Schools f Public Service Facilities Fire , EMS , and Police Stations , or utility structures g Home occupation h Accessory use customarily incidental to a permitted use 4 Intensity Regulations Residential development is permitted at an overall density of six dwelling units per acre of gross land area If only single - and two - family housing types are planned , an overall density of four units per acre is permitted 5 Use Requirements a The minimum building setback shall be 1 For a residential structure , From a perimeter Arterial , Collector , or local street , 50 feet Perimeter means any street existing at the time of approval of the Planned Development that is outside , or adjacent , or internal to remain to the Planned Development 2 From any perimeter lot line , 50 feet 3 For multifamily buildings immediately adjacent to an external residential zoning district , 50 feet 4 All other setbacks internal to the Planned Development can be established by the developer The minimum building setbacks shall be recorded on the final plat The proposed setbacks shall be provided as part of master plan approval b The maximum building height limit shall be 50 feet c A landscape buffer shall be required as follows 1 A minimum width of 50 feet adjacent to an Arterial or Collector street 2 A minimum width of 30 feet adjacent to all perimeter lot lines 3 A minimum width of 50 feet adjacent to a residential zoning district 1 A landscaped buffer shall be required along all existing Arterial , Collector and local streets , and dedicated to common open space a Landscape area “ A ” with the use of a 4 to 8 foot landscape berm , decorative wall , or opaque fence ; excluding a wooden fence b Landscape area “ B ” with the use of only plant material c The natural existing vegetation may be used if the density meets or exceeds the landscape area “ B ” requirements and remains undisturbed 2 Along all perimeter lines a landscape area “ A ” or natural area equivalent 3 Along all perimeter lines adjacent to commercial uses a landscape area “ B ” or natural area equivalent 6 Provision of Common Open Space or Recreation Area Requirements All Planned Unit Developments shall provide or dedicate common open space or recreation areas suitable for the residents common passive or active recreational use as follows a For a Planned Unit Development , its total open space or recreation land area shall be at least 15 ten percent of the total gross land area of the development A landscape area 60 - foot buffer area shall be provided along the sites frontage with an Arterial or Collector road as defined in the County Design Manual ; this buffer area may be counted as part of the developments common open space requirement If applicable , All wetlands and or riparian buffer areas shall be designated as common open space , however , these areas will not count toward the amount of required open space The Board of Commissioners may accept alternatives to these minimum requirements with the use of public or private amenities Any proposed reduction or area exchange 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 The developer shall record a document specific to the responsibility and continued maintenance of common open space and recreation areas This may be part of Restrictive Conveyances or a separate document The document shall contain the content as required by the Design Manual In developments containing wetlands and or riparian buffers , at least one - half of the ten percent common open space dedication shall be provided outside of wetlands and riparian buffer areas b Land provided or dedicated for open space or recreation purposes shall be designated on a final plat duly recorded with the County Register of Deeds If such open space land is not to be retained by the owner , it may be dedicated or deeded to an appropriate public body upon their acceptance , land trust , or nonprofitPagePage pageNumber9821 May 3 , 2010 – 6 00 pm Continued organization established for the purpose of land conservation ; or create a neighborhood or homeowners association for the continuing maintenance and control of common open space or recreation area b At minimum , 50 of the total amount of open space required shall be located throughout the residential area These integrated areas shall be no less than 20,000sf and designed as to invite residents for passive and or active recreation uses A mix of designs shall be encouraged such as neighborhood parks , playgrounds ; and corridors for walking trails A portion of these areas may be built upon for amenities c A summary of amenities must be provided upon PDM submittal The summery shall contain the content as required by the Design Manual A phasing plan for amenities shall be provided and amenities shall at minimum be phased with the construction of the dwelling units Once 25 of the dwelling units have been constructed a minimum of 25 of the amenities must be completed d At minimum , 50 of the amenities required shall be provided at 50 dwelling unit construction , and 75 of the amenities at 75 dwelling unit construction Amenity locations and type shall be noted on the final plat at recording Any change to previously recorded amenities must be approved by the Planning Board d Amenities shall be of a type which enhances the use of the open space These types shall include playgrounds ; parks with shelters , benches , managed turf fields ; walking running trails ; clubhouses ; pools ; tennis ball courts ; golf courses ; and other like improvements e 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 Such common open space land 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 subject to the recording of a permanent conservation easement or similar open space or recreational land dedication 7 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 , with the approval of the Planning Board or Board of Commissioners , where appropriate , make a payment to the County 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 80000 the fee established in the Countys Annual Schedule of Fees , or the total number or residential units times 40000 when multifamily dwelling units are a part of the project 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 development 8 Design Standards Except as otherwise provided in this Chapter , the design standards applicable within a PHD shall be as established in the County Design Manual and Article III & VI of this Chapter , with the following additions a Where a PDH zoning lot adjoins land that is zoned residential and developed with lots of a size which limits their use to single - family detached residences , an appropriate transition between the PDH and the adjoining single - family lots shall be provided An appropriate transition shall consist of a landscape area type “ A ” and screening as required in Section 14 - 362 b Vehicular access to streets shall be limited and controlled as follows 1 If the street or portion of the street serves 50 or fewer dwelling units , vehicular access from off - street parking and service areas may be directed directly to the street from the sites of individual dwelling units Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development ; and 2 Vehicular access to other streets or portions of streets from off - street parking and service areas shall be so combined , limited , located , designed and controlled as to channel traffic in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption c Street Sidewalks A minimum 5 ’ wide ADA compliant sidewalk shall be provided along both sides of the street throughout the residential areas of the development 1 The sidewalk , where situations permit , shall be at the edge of the right - of - way , creating a minimum 6 foot separation between the edge of pavement and edge of sidewalk If curb and gutter is utilized then the sidewalk shall be at least 2 feet from the back of curb Where necessary , sidewalks easements may be utilized due to constraints with topography 2 Crosswalks shall be provided , where necessary , to provide organized and efficient circulation within the development 3 Where sidewalks are proposed between residential lots used to connect areas within the development , 10 foot fee simple open space shall be utilized l Planned Development - Mixed Use PDM The following regulations and requirements apply to a Planned Development - Mixed Use , defined for purposes of this Article as a Planned Development that provides for the coordinated and balanced development of residential , office and commercial uses and their necessary support functions Page0822 May 3 , 2010 – 6 00 pm Continued 1 Intent It is intended that the Planned Development - Mixed Use PDM shall encourage development within which mutually supporting residential , commercial and office uses are scaled , balanced , and located to reduce general traffic congestion by providing housing close to principal destinations , thereby allowing multiple destinations to be achieved with a single trip When such mixed use developments adjoin residential developments or residential zoning districts , it is intended that arrangement of buildings , uses , open space , and vehicular access shall be such as to provide appropriate transition and reduce potentially adverse effects 2 Mixed Use Thresholds All development in a PDM Planned Development - Mixed Use shall conform to the following thresholds a A Minimum parcel or tract size of 100 contiguous acres 1 Minimum of 100 acres for developments utilizing a public waste water system which requires construction of a new waste water pump station 2 Minimum of 25 acres for developments which utilizes a Private waste water treatment and disposal system , or a private waste water pump station which discharges in to a public sewer system , upon approval by the Public Utilities Department ; or b Waste water system which can utilize gravity flow into an existing public sewer system b Uses proposed in one of the following combinations 1 Office , commercial , and residential uses 2 Office and residential uses 3 Commercial and residential uses c A mix of residential dwelling types shall be included d At least 40 60 percent , and no more then 70 , of the land or building floor area must be devoted to residential uses , as defined in this Chapter 3 Permitted Uses a The following uses are permitted as a principal use 1 All uses permitted as a principal use in the following a Agricultural Residential District AR , these areas shall be designated as AR - SUD on the zoning atlas b Office and Institutional and Business Zoning Districts to exclude Industrial Districts , these areas shall be described by metes and bounds and designated GB - SUD on the zoning atlas 2 Single - family , townhouse and duplex residential dwellings with a maximum number of six 6 dwelling units per acre Note Duplex and townhouse units are counted as one 1 unit in density calculations 3 Multifamily dwellings with a maximum number of 15 dwelling units per acre 4 Residential Support Facilities club houses , pools , recreation areas 5 Public Service Facilities Fire , EMS , and Police Stations , or utility stations b The following uses are not permitted in a Planned Development - Mixed Use development 1 Automotive Repair Mechanical , Paint Body 2 Bar Club 3 Building Materials Suppllies – Masonry , Lumber Yard , Wholesales 4 Contractors Office Storage Yard 5 Kennel 6 Mini - Storage 7 Sales Rental – Automotive , Recreational Vehicle , Farm Implement , Boat , Mobile Modular Home 8 Warehousing Outdoor Storage Yard 1 Automotive Repair not part of a shopping center 2 Automotive body shop 3 Automotive , Recreation Vehicle , Truck , and Farm Implement Sales or Rental 4 Building Supply Yard 5 Kennel 4 Use Requirements a The minimum building setback shall be 1 For nonresidential buildings from any street , 50 feet from a perimeter arterial , collector , or local street , 50 feet Perimeter means any street existing at the time of approval of the Planned Development that is outside , adjacent , or internal to remain to the Planned Development 2 For a residential structure from a perimeter arterial , collector , or local street , 50 feet Perimeter means any street existing at the time of approval of the Planned Development that is outside or adjacent to the Planned Development 3 For Residential and nonresidential buildings from any perimeter lot line , 50 feet 4 All other setbacks internal to the Planned Development can be established by the developer The minimum building setbacks shall be recorded on the final plat The proposed setbacks shall be provided as part of master plan approval 4 For multifamily or commercial office buildings immediately adjacent to a residential zoning district , 50 feet Page1823 May 3 , 2010 – 6 00 pm Continued b The minimum setback from the perimeter boundary for a parking lot or internal driveway shall be 50 30 feet c The maximum building height limit shall be 50 feet d A landscape buffer shall be required as follows 1 A minimum width of 50 feet adjacent to an arterial street 1 For residential areas , a landscaped buffer shall be required along all Arterial and Collector and Local streets , and dedicated to common open space a Landscape area “ A ” with the use of a 4 to 8 foot landscape berm , decorative wall , or opaque fence ; excluding a wooden fence b Landscape area “ B ” with the use of only plant material c The natural existing vegetation may be used if the density meets or exceeds the landscape area “ B ” requirements and remains undisturbed 2 For office commercial areas a landscaped buffer shall be required along all existing Arterial , Collector and local streets in accordance with the Landscaping Section of the Design Manual 3 A minimum width of 30 feet landscape area “ B ” adjacent to all perimeter lot lines , where commercial uses , as part of the PMD , abuts adjacent residential uses A landscape area “ A ” adjacent to all perimeter lot lines , where commercial uses , as part of the PMD , abuts adjacent commercial uses 4 A landscape area “ B ” shall be used between the commercial and residential areas within the PDM 5 Along all perimeter lines a landscape area “ A ” or natural area equivalent 4 A minimum width of 50 feet adjacent to a residential zoning district 5 Provision of Common Open Space or Recreation Area Requirements All Planned Unit Developments - Mixed Uses shall provide or dedicate common open space or recreation areas suitable for the residents common passive or active recreational use as follows a For a PDM Planned Unit Development - Mixed Use , its total open space or recreation land area shall be at least 15 ten percent of the total gross land area of the development A 60 - foot buffer area shall be provided along the sites frontage with an Arterial or Collector road as defined in the County Design Manual ; this buffer area may be counted as part of the developments common open space requirement If applicable , All wetlands and or riparian buffer areas shall be designated as common open space , however , these areas will not count toward the amount of required open space The Board of Commissioners may accept alternatives to these minimum requirements with the use of public or private amenities Any proposed reduction or area exchange involving previously recorded open space or amenities 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 The developer shall record a document specific to the responsibility and continued maintenance of common open space and recreation areas This may be part of Restrictive Conveyances or a separate document The document shall contain the content as required by the Design Manual A separation of responsibility shall be established for residential and commercial common areas In developments containing wetlands and or riparian buffer areas , at least one - half of the ten percent common open space dedication shall be provided outside of wetlands and or riparian buffer areas b Land provided or dedicated for open space or recreation purposes shall be designated on a final plat duly recorded with the County Register of Deeds If such open space land is not to be retained by the owner , it may be dedicated or deeded to an appropriate public body upon their acceptance , land trust , or nonprofit organization established for the purpose of land conservation ; or create a neighborhood or homeowners association for the continuing maintenance and control of common open space or recreation area b At minimum , 50 of the total amount of open space required shall be located throughout the residential area These integrated areas shall be no less than 20,000sf and designed as to invite residents for passive and or active recreation uses A mix of designs shall be encouraged such as neighborhood parks , playgrounds ; and corridors for walking trails A portion of these areas may be built upon for amenities c A summary of amenities must be provided upon PDM submittal The summery shall contain the content as required by the Design Manual A phasing plan for amenities shall be provided and amenities shall at minimum be phased with the construction of the dwelling units Once 25 of the dwelling units have been constructed a minimum of 25 of the amenities must be completed Additionally as development progresses 50 of the amenities are required at 50 dwelling unit construction , and 75 of amenities to be completed at 75 dwelling unit construction Amenity locations and type shall be noted on the final plat at recording Any change to previously recorded amenities must be approved by the Planning Board d Amenities shall be of a type which enhances the use of the open space These types shall include playgrounds ; parks with shelters , benches , managed turf fields ; walking running trails ; clubhouses ; pools ; tennis ball courts ; golf courses ; and other like improvements e 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 Such common open space land 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 openPage2824 May 3 , 2010 – 6 00 pm Continued space or recreation area ; or , held by the owner subject to the recording of a permanent conservation easement or similar open space or recreational land dedication 6 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 , with the approval of the Planning Board or Board of Commissioners , where appropriate , make a payment to the County 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 fee established in the Countys Annual Schedule of Fees 80000 , or the total number or residential units times 40000 when multifamily dwelling units are a part of the project 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 development 7 Design Standards All design standards specified in Article III & VI of this Chapter and in the Countys Design Manual in effect at the time a proposal is being reviewed shall apply to the design of PDM development proposed as a mixed use development as defined by this Article with the following provisions a Site analysis Any application for mixed use development shall include a site evaluation analysis which identifies the physical character and structure of the site Elements of the site to be investigated include topography , soil conditions , slope conditions , drainage patterns , vegetation , subsurface constraints , and any other existing conditions b Outparcels Outparcels are defined as development or parcels of land generally located near the perimeter boundary of a mixed use development and physically separated from the remainder of the development All plans for outparcels within a mixed use development proposal shall include a set of design criteria for the outparcels These design criteria shall be prepared to maintain visual compatibility and overall design compatibility with the entire development The design criteria shall address the location , form , scale , materials and colors of structures as they relate to the design concept of the entire development b Street Sidewalks A minimum 5 ’ wide ADA compliant sidewalk shall be provided along both sides of the street throughout the residential areas and connecting to the commercial areas of the development 1 The sidewalk , where situations permit , shall be at the edge of the right - of - way , creating a minimum 6 foot separation between the edge of pavement and edge of sidewalk If curb and gutter is utilized then the sidewalk shall be at least 2 feet from the back of curb Where necessary , sidewalks easements may be utilized due to constraints with topography 2 Cross walks shall be provided , where necessary , to provided organized and efficient circulation within the development 3 Where sidewalks are proposed between residential lots used to connect areas within the development , 10 foot fee simple open space shall be utilized 8 Additions to Approved Planned Development - Mixed Use Development tracts of at least 20 acres can meet the mixed use threshold in the following manner a Development is proposed on a tract of land that is at least 20 acres may include parcels on both sides of a public street if at least ten acres of the total are located on both sides of the street b The proposed development tract is adjacent to , or across a public street from , a Planned Development - Mixed Use that has been approved by the Board of Commissioners in accordance with the provisions of this Article c The proposed uses , circulation patterns and buffers are demonstrated to be compatible with the adjacent approved Mixed Use Development In addition , landscape treatments and architecture shall be in harmony and compatible with the adjacent approved Mixed Use Development to the extent such landscape treatments and architecture have been specified in the adjacent special use permit approved by the Board of Commissioners Uses for the proposed tract shall conform to requirements of this Chapter 4 Manager Reports and Comments A Eminent Domain Request At the request of County Attorney David F Mills , upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board authorized the County Attorney to proceed with eminent domain , if determined to be absolutely necessary , to obtain the outstanding easement for the Wilson Mills 24 ” Water Transmission Main Project 5 Board Reports and Comments A Further Discussion – Teen Driving Safety Initiative The Board briefly discussed with Sheriff Steve Bizzell , earlier concerns expressed by parents during the Public Comment section regarding the teen driving safety issues Page3825 May 3 , 2010 – 6 00 pm Continued Sheriff Bizzell stated that he had spoken with the parents at the meeting and he reported that the Sheriff’s Office will begin issuing more citations to teens that are violating traffic laws , instead of warning tickets , to help get the message across to the teen drivers Sheriff Bizzell also noted that he will be assigning more deputies to the high school areas during the morning and afternoon hours Sheriff Bizzell stated he has encouraged the parents to set up meetings with the high school principals and work on solutions for better ingress and egress at the schools B Request from Rose Harper Rose Harper , Benson , North Carolina addressed the Board and recalled the discussions earlier in the meeting regarding the Teen Driving Safety Program Steering Committee and requested the Board to allow teenagers and parents from each of the high schools to be a part of the Committee and offer their assistance Chairman Wade M Stewart stated the committee would need many volunteers , especially parents and teenagers , to help with the effort and he would pass Ms Harper’s request along to the County’s Teen Driving Safety Program Coordinator , Derrick Duggins There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 10 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage