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

10 136 Meeting of the Johnston County Board of Commissioners October 4 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 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 , DeVan Barbour , W Ray Woodall 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 None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – September 22 and 29 , 2010 Certified letters were mailed to adjoining property owners on September 20 , 2010 Notices were posted at the locations on July 29 , 2010 for Cases 10 - 14 and 10 - 15 The Chairman opened the Rezoning Hearing for Case 10 - 14 Case 10 - 14 Petition to rezone a 3979 acre portion of two tracts totaling 18684 acres located off of Devils Racetrack Road SR 1009 in Ingram’s Township from Agricultural Residential AR to Industrial - 2 - Special Use District I2 - SUD Tax ID 08L14006B , 08L14006D Owner Applicant Raymond A Massengill Jr , David and Virginia Stanfield Planning Director Berry Gray stated the petition is to rezone a 3979 acre portion of two tracts totaling 18684 acres located off of Devils Racetrack Road in Ingram’s Township from Agricultural Residential to Industrial - 2 - Special Use District Mr Gray referenced the special use request accompanying the rezoning Mr Gray stated the site is presently used for agricultural residential purposes and is vacant The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as Industrial - 2 – Special Use District for a nearby existing sand mine Owner Applicant Raymond Massengill addressed the Board and asked the Commissioners to approve the rezoning request Mr Gray stated the Planning Board recommended approval of the rezoning request Commissioner Allen L Mims , Jr asked Chairman Wade M Stewart if he was still getting complaints from citizens near the subject area regarding large trucks using jake brakes Chairman Stewart commented that the situation has improved and there have been no recent complaints ; however , he noted that the issue will never be completely eliminated There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 14 Decision on Rezoning Case 10 - 14 Case 10 - 14 Petition to rezone a 3979 acre portion of two tracts totaling 18684 acres located off of Devils Racetrack Road SR 1009 in Ingram’s Township from Agricultural Residential AR to Industrial - 2 - Special Use District I2 - SUD Tax ID 08L14006B , 08L14006D Owner Applicant Raymond A Massengill Jr , David and Virginia Stanfield Commissioner Cookie Pope moved the Board approve rezoning case 10 - 14 to rezone a 3979 acre portion of two tracts totaling 18684 acres located off of Devils Racetrack Road SR 1009 in Ingram’sPage137 October 4 , 2010 – 6 00 pm Continued Township from Agricultural Residential to Industrial - 2 - Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 10 - 14 Case 10 - 14 To allow for a sand mining operation Owner Applicant Raymond A Massengill Jr , David and Virginia Stanfield Those wishing to speak on Special Use Case 10 - 14 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a sand mining operation Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 14 on June 30 , 2010 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On August 17 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 14 and made the following recommendations Upon a motion by Mr Summerlin for approval of the rezoning , seconded by Mr Browder and carried by a vote of 8 - 0 , the th Planning Board recommended approval of the Rezoning for Case 10 - 14 at the August 17 , 2010 meeting Upon a motion by Mr Browder for approval of the Special Use Conditions , seconded by Mr Smith and carried by a vote of th 8 - 0 , the Planning Board recommended approval of the Special Use for Case 10 - 14 at the August 17 , 2010 meeting based on the following finding of facts and special conditions 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 Mine will not be adjacent to a permanent resident and will not be seen from SR 1009 Devils Racetrack Road Staff The site is located along an existing access road and has an existing sand in operation in the vicinity and will not pose a threat to the public health , safety or general welfare 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 Mine will meet all requirements and condition as established by the County as well as the requirements established by the state Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code The Special Use Permit specifically lists all sections of the ordinance that pertain to the mining operation The permit will expire with the violation of any special use condition 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 Area is in the low grounds with limited development potential with several nearby mining operations Would like to operate with a 50 ’ buffer from adjacent property Staff The facility is in a very rural area The special use conditions required by the Boards will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The area is already subject to mining operations with no interference on nearby farming or forestry Operation will comply with all code and conditions established by County 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 A Sand Mining Operation Page138 October 4 , 2010 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses Sand Mine Operation 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 Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale Page139 October 4 , 2010 – 6 00 pm Continued 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Mr Gray presented the special use conditions to the Board specifically noting the request by the applicant for a reduction in the buffer requirement Mr Gray reported staff has received written approval from the two neighboring property owners indicating they do not oppose a reduction in the buffer requirement Owner Applicant Raymond Massengill stated he understood the special use conditions as proposed and had no issues with them Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 14 Decision on Special Use Case 10 - 14 Case 10 - 14 To allow for a sand mining operation Owner Applicant Raymond A Massengill Jr , David and Virginia Stanfield Based on the 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 10 - 14 to allow for a sand mining operation on a 3979 acre portion of two tracts totaling 18684 acres located off of Devils Racetrack Road Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Sand Mine Operation 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 Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday , dawn to dusk 5 No signage PagePage pageNumber5140 October 4 , 2010 – 6 00 pm Continued 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same PagePage pageNumber6141 October 4 , 2010 – 6 00 pm Continued b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county The Chairman reopened the Rezoning Hearing for Case 10 - 15 Case 10 - 15 Petition to rezone 0576 acres of a 092 acre tract located on White Memorial Church Road SR 1532 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13C03018C Owner Joyce B Byrd Applicant Dustin C Byrd Planning Director Berry Gray stated the petition is to rezone 0576 acres of a 092 acre tract located on White Memorial Church Road in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the existing land use is for a residential dwelling located at the front of the property The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as Community Business nearby and previously used as a general repair shop Mr Gray stated the site is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Applicant Dustin Byrd addressed the Board and requested approval of the rezoning Mr Byrd stated that with the exception of one , all his neighbors were in support of the rezoning and were in the audience if there were any questions He noted that he had a petition in support signed by his neighbors , if needed Mr Byrd added that he grew up in the community and his family also lives there At the inquiry of Commissioner Allen L Mims , Jr , Mr Byrd stated that he lived on the property beside the subject site He noted that the subject site is owned by his grandmother and the dwelling located on the property in the front is a rental Charles Glenn Locklear , 49 Penwood Road , Willow Spring , spoke in favor of the rezoning and commented that he has known the applicant and his family for many years and has never heard anything negative towards them Bill Hardee , 1061 White Memorial Church Road , Willow Spring , spoke in favor of the rezoning and noted that his property directly adjoins the backside of the subject site Tim Grimes , 1133 White Memorial Church Road , Willow Spring , spoke in favor of the rezoning and noted that his property ties into the subject site and shares a driveway PagePage pageNumber7142 October 4 , 2010 – 6 00 pm Continued Bobby Chatham , 1146 White Memorial Church Road , Willow Spring , addressed the Board in opposition to the request Mr Chatham expressed his concerns that the property would eventually become a junkyard Mr Chatham stated that he believes Mr Byrd has good intentions ; however , he fears that the operation would become larger than what is anticipated Mr Chatham noted he lives across from the subject site and he is afraid that if the operation becomes a junkyard , then it may negatively impact the surrounding property values At the request of Chairman Wade M Stewart , Mr Chatham pointed out the location of his property on a map for the Board Roy Pate , 1220 White Memorial Church Road , Willow Spring , spoke in favor of the rezoning and commented that he has no problems with the proposed use Christopher Mills , 1240 White Memorial Church Road , Willow Spring , spoke in favor of the rezoning and stated that he did not believe the operation would turn into a junkyard Mr Mills stated that the Board of Commissioners would set the rules and standards by which Mr Byrd could operate the business which should prevent the site from becoming a junkyard Russell Byrd , 1267 White Memorial Church Road , Willow Spring , stated that he was Dustin Byrd’s father Mr Byrd stated he is trying to help his son start his own business and he would not allow the operation to become a junkyard , commenting that he also lives in the area Mr Byrd stated the operation would be a towing facility and the vehicles would only be on the site until such time as the bank or insurance company would arrange for pickup Mr Byrd stated his son wants the business to be small and something that he can manage on his own Commissioner Allen L Mims , Jr asked Dustin Byrd how he planned to handle situations whereby it may be necessary for vehicles to remain on the property longer than the presently proposed 15 day limit Mr Byrd explained that he would mostly like to do repossessions and dispose of those vehicles as fast as possible ; however , he stated that he could not guarantee the process could be done within 15 days He stated that he has run into situations where a vehicle needed to be held longer than expected through his prior work with another company Mr Byrd stated he could perhaps take the vehicles that have been onsite longer than 15 days to another area for holding Chairman Wade M Stewart asked if the Highway Patrol had a minimum amount of time that a vehicle must be held before disposal , to afford the property owner the opportunity to claim the vehicle Mr Byrd responded that he was unaware of a specific amount of time that the Highway Patrol required a vehicle to be held ; however , he explained that he has to report to the State , within 10 days , that he has a vehicle in his possession so that the State can then notify the owner 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 - 15 Decision on Rezoning Case 10 - 15 Case 10 - 15 Petition to rezone 0576 acres of a 092 acre tract located on White Memorial Church Road SR 1532 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13C03018C Owner Joyce B Byrd Applicant Dustin C Byrd Commissioner Cookie Pope moved the Board approve rezoning case 10 - 15 to rezone 0576 acres of a 092 acre tract located on White Memorial Church Road in Pleasant Grove 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 - 15 Case 10 - 15 To allow for automotive towing and storage Owner Joyce B Byrd Applicant Dustin C ByrdPagePage pageNumber8143 October 4 , 2010 – 6 00 pm Continued Those wishing to speak on Special Use Case 10 - 15 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 automotive towing and storage Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 10 - 15 on June 09 , 2010 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On August 17 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 15 and made the following recommendations Upon a motion by Mr Gathers for approval of the rezoning , seconded by Mr Smith and carried by a vote of 8 - 0 , the th Planning Board recommended approval of the Rezoning for Case 10 - 15 at the August 17 , 2010 meeting Upon a motion by Mr Browder for approval of the Special Use Conditions including the addition of lighting at the gate , seconded by Mr DeLaine and carried by a vote of 8 - 0 , the Planning Board recommended approval of the Special Use for th Case 10 - 15 at the August 17 , 2010 meeting based on the following findings of fact and special use conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The site is 297 feet from White Memorial Church Road and will be surrounded by chain link fence with a Class “ A ” buffer which will make the contents invisible from the road The gate will be locked at all times promoting safety No signs will be installed so the general public will not know the facility is there 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 The proposed use appears to comply with all Johnston County Land Development Codes Staff The facility 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 The site is 297 feet from White Memorial Church Road and will be surrounded by chain link fence with existing vegetation as a buffer Site will be operated as a temporary storage for towed vehicles No repairs or painting will take place on site Gate will be locked at all times Staff Site shall be sufficiently buffered screened 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 rezoning would comply with the county’s plans for growth and prosperity for citizens of Johnston County Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Automotive Towing and Storage Special Use Conditions 1 Permitted Uses Automotive Towing and Storage 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Some existing natural vegetation exists and appears to be equal or more intense than the Class B buffer Additional buffer may be necessary along eastern and southern zoning lines 5 Facility shall be surrounded by opaque fencing PagePage pageNumber9144 October 4 , 2010 – 6 00 pm Continued 6 No signage shall be allowed with one light allowed at the gate 7 Contain and properly dispose of any petroleum’s , oils , and lubricants that may leak from stored vehicles 8 Shall be limited to the outdoor storage of 20 vehicles Each vehicle shall remain at the facility no longer than 15 days Mr Gray listed and reviewed each of the special use conditions with the Board In response to a question by Commissioner Cookie Pope , Mr Gray stated that the Department of Motor Vehicles may require a small sign to be posted at the front of the property and he suggested that language be added to special use condition # 6 to state “ minimum signage per DMV ” County Attorney David Mills commented that the purpose of the DMV requirement for signage is so that people can locate their vehicles Commissioner Jeffrey P Carver noted the earlier discussion regarding the number of days that a vehicle would be allowed in storage and stated perhaps the Board should limit the number of vehicles allowed and change the limit on the number of days to 90 ; otherwise , he felt that Mr Byrd was setting himself up to fail Commissioner DeVan Barbour agreed with the suggestion by Commissioner Carver to amend the conditions allowing for vehicles to be stored no longer than 90 days Commissioner Barbour stated without a limit on the number of days , the operation could run the risk of becoming a salvage yard Commissioner Allen L Mims , Jr asked the applicant , Dustin Byrd , if 90 days would be acceptable rather than 15 Applicant Dustin Byrd stated he was agreeable to a 90 day limit on the storage of vehicles and indicated he would do his best to comply Mr Byrd added that if he experienced problems , then he would work with the County on the issues At the inquiry of Chairman Wade M Stewart , Mr Byrd stated the property would sufficiently allow for 20 vehicles along with his wrecker and rollback Mr Byrd added that he would properly maintain the site Upon a question by Commissioner Mims , Mr Gray stated the Planning Board’s intention was to allow 20 vehicles for outdoor storage and the 20 vehicle limit did not include the wrecker or rollback used in the operation Commissioner Tony Braswell inquired into the record keeping process of the operation Mr Byrd explained that he has a database whereby he enters information on every vehicle that he picks up so that the vehicles can be tracked Chairman Stewart asked Mr Byrd why he requested to rezone only 0576 acres of the site Mr Byrd responded that he plans to build a house at the front of the site one day and for this reason he did not want to rezone the entire property Mr Byrd indicated his agreement to the special conditions with the proposed amendments as discussed Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 10 - 15 Decision on Special Use Case 10 - 15 Case 10 - 15 To allow for automotive towing and storage Owner Joyce B Byrd Applicant Dustin C Byrd Based on the findings of facts and the revised special use conditions with revisions to the number of days for storage and signage , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 15 to allow for automotive towing and storage on 0576 acres of a 092 acre tract located on White Memorial Church Road in Pleasant Grove Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Page0145 October 4 , 2010 – 6 00 pm Continued Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Automotive Towing and Storage 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Some existing natural vegetation exists and appears to be equal or more intense than the Class B buffer Additional buffer may be necessary along eastern and southern zoning lines 5 Facility shall be surrounded by opaque fencing 6 Minimum signage , per DMV requirements only ; one light allowed at the gate 7 Contain and properly dispose of any petroleum’s , oils , and lubricants that may leak from stored vehicles 8 Shall be limited to the outdoor storage of 20 vehicles Each vehicle shall remain at the facility no longer than 90 days 3 Manager Reports and Comments A Amendments to the Personnel Policy At the request of County Manager Rick Hester , upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the following amendments to the Personnel Policy to coincide with recently enacted legislation HB961 that became effective October 1 , 2010 ARTICLE XI PERSONNEL RECORDS AND REPORTS Section 1 Public information In compliance with GS 153A - 98 b , the following information with respect to each county employee is a matter of public record 1 Name 2 Age 3 Date of original employment or appointment to the county service 4 The terms of any contract by which the employee is employed whether written or oral , past and current , to the extent that the county has the written contract or a record of the oral contract in its possession 5 Current position 6 Title 7 Current salary 8 Date and amount of each increase or decrease in salary with that county 9 Date and type of each promotion , demotion , transfer , suspension , separation , or other change in position classification with that county 10 Date and general description of the reasons for each promotion with that county 11 Date and type of each dismissal , suspension , or demotion for disciplinary reasons taken by the county If the disciplinary action was a dismissal , a copy of the written notice of the final decision of the county setting forth the specific acts or omissions that are the basis of the dismissal 12 The office to which the employee is currently assigned b1 For the purposes of this subsection , the term “ salary ” includes pay , benefits , incentives , bonuses , and deferred and all other forms of compensation paid by the employing entity b2 The board of county commissioners shall determine in what form and by whom this information will be maintained Any person may have access to the information for the purpose of inspection , examination , and copying , during regular business hours , subject only to such rules and regulations for the safekeeping of public records as the board of commissioners may have adopted Any person denied access to this information may apply to the appropriate division of the General Court of Justice for an order compelling disclosure , and the court shall have jurisdiction to issue such orders 4 Board Reports and Comments A Discharge of Firearms near Residential Areas Commissioner Jeffrey P Carver stated that the issue of discharging firearms near residential areas is still a concern for many of the County citizens and he would like for the Board to review some possible options that could be established to address the problem Following brief discussion , the Board instructed staff to begin researching the matter as well as possible solutions ordinance amendments that could be considered and report back to the Board Page1146 October 4 , 2010 – 6 00 pm Continued 5 NC Stop Torture Now Quaker House Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , presented the Board with updated information regarding the accountability of those that NC Stop Torture Now alleges kidnap and abuse detainees Sonny Johnson , 341 Sonny Road , Clayton , objected to the comments by Mr Fager , due to the fact that Public Comment occurred at the beginning of the meeting Chairman Wade M Stewart explained that due to NC Stop Torture Now’s presence each month on the same issue , he had requested , that in the future instead of coming to Public Comment at the beginning of the meeting , for the group to wait until all other business had been concluded before being heard by the Board There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 7 00 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage