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

10 187 Meeting of the Johnston County Board of Commissioners December 6 , 2010 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 6 , 2010 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Allen L Mims , Jr , Chairman , Jeffrey P Carver , Vice Chairman , Cookie Pope , Wade M Stewart , 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 Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Citizen Concern – Cell Tower Site on Jack Road , Johnston County Richard Bolyard , 405 Scotts Ridge Trail , Apex , addressed the Board concerning the cell tower located on Jack Road in Johnston County Mr Bolyard reported that it appears larger antennas have been installed on the tower Mr Bolyard expressed his concerns regarding the impacts , specifically the visual impacts , that the cell tower site has on the surrounding area , as well as , the cell tower process as a whole B Citizen Concern – Horses Frankie Gordon , 3489 Antioch Church Road , Middlesex , expressed his concerns to the Board regarding horses in the neighborhood defecating on the roadway driveway at his home Mr Gordon stated that he has contacted the Sheriff’s Office , as well as Animal Services , regarding his concerns and was told that there are not any ordinances or regulations currently in place to address these issues Mr Gordon asked the Board to consider regulations that would require horse owners to be held accountable and require them to clean up behind their horses on roadways driveways Commissioner DeVan Barbour suggested that Planning Staff research the issue and look into a possible livestock ordinance that could be presented to the Planning Board for review The Board took Mr Gordon’s concerns under advisement and asked staff to research the issue and discuss it with the Planning Board at an upcoming meeting 2 Town of Princeton – Request Concurrence of Alternate Draft 70 Corridor Master Plan Princeton Mayor Don Rains addressed the Board and requested the Board of Commissioners concur with the Town of Princeton’s request to the US 70 Corridor Commission to use an alternate draft of the Corridor Master Plan for Princeton Mayor Rains explained that the original design by the Corridor Commission only allowed Princeton one entrance onto US Hwy 70 and that all the others were either closed or designed where they could not be crossed Mayor Rains stated that he has discussed the issue with the County Manager , the School Superintendent , and others since his appointment to the 70 Corridor Commission and from those talks they have developed an alternate plan for Princeton , which the Town of Princeton along with the 70 Corridor Commission has approved Mayor Rains stated that the alternate plan would leave most intersections available for residential and commercial development He stated the new design would promote safety and that the 70 Corridor Commission has requested the County’s concurrence of the alternate plan for the Town of Princeton Chairman Allen L Mims , Jr reported that he had received a copy of a letter from US 70 Corridor Commission Director M Durwood Stephenson which stated that the Commission is in full agreement with the alternate plan for the Town of Princeton Commissioner Wade M Stewart noted that there are four other municipalities in the County that are affected by the 70 Corridor Commission and he asked if the alternate plan for Princeton had been presented to them and if so , was there any feedback Commissioner Stewart also asked if the affected business owners in the Princeton area concurred with the alternate plan Page188 December 6 , 2010 – 6 00 pm Continued Mayor Rains stated that representatives from all the municipalities were at the last meeting of the 70 Corridor Commission when the alternate plan was discussed and there was no opposition Mayor Rains stated he has met with the local business owners along the corridor and while no one wants changes , the alternate plan was received more positively than the original design Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Wade M Stewart , and carried unanimously , the Board voted to concur with the Town of Princeton’s request to the US 70 Corridor Commission to use an alternate draft of the Corridor Master Plan for Princeton 3 Norwood Thompson – Request to Address the Board – Tree Preservation Norwood Thompson , The Walthom Group , 442 ½ E Main Street , Clayton , addressed the Board and stated that there are many developers that develop property just for profit and they forget about the quality of life , the desirability and the effect of what they leave behind Mr Thompson stated one issue is tree preservation He explained that during development , trees will have to be cut down , but most municipalities require a significant tree study to be completed for approval prior to development beginning so that some trees are preserved Mr Thompson stated that the County’s ordinances are written so that land can be clear cut and the people living around the development have to live with what is left behind Mr Thompson suggested that the County consider requiring developers to submit a significant tree study before receiving approval on residential developments Secondly , Mr Thompson stated that buffer requirements for commercial developments are different from those of residential developments Mr Thompson asked the Board to cautiously come up with buffer requirements in between subdivisions where appropriate , just as is required for commercial development Mr Thompson stated that such requirements would help to improve the desirability of property and preserve the values that the County has Chairman Allen L Mims , Jr stated that the Town of Clayton has a tree preservation ordinance and he asked Mr Thompson to share his experiences with the Board on working with Clayton Mr Thompson stated in his developments within the Clayton limits , he has not found their tree preservation ordinance to be cumbersome Chairman Mims stated that he has noticed that trees do add a lot of character to subdivisions and asked if Planning Staff could research tree preservation and buffering requirements Commissioner DeVan Barbour reported he would research the issue with the Planning Staff and discuss it with the Planning Board The Board thanked Mr Thompson for his comments and took his request under advisement 4 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – November 24 and December 1 , 2010 Certified letters were mailed to adjoining property owners on November 22 , 2010 Notices were posted at the locations on August 31 , 2010 for Case 10 - 20 and October 1 , 2010 for Cases 10 - 22 , 10 - 23 , 10 - 25 and 10 - 26 The Chairman opened the Rezoning Hearing for Case 10 - 20 Case 10 - 20 Petition to rezone a 094 acre tract located at 12143 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13M99015B Owner Wayne T Stephenson Applicant Debbie Jernigan Planning Director Berry Gray stated the petition is to rezone a 094 acre tract located at 12143 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray stated the existing land use is for the sale of nursery stock and stock plants grown by Stephenson’s Nursery Mr Gray reported the applicant wishes to expand and add seasonal items to the business for sale The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as Community Business that was previously used for batting cages and Stephenson’s BBQ Restaurant The subject area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Page189 December 6 , 2010 – 6 00 pm Continued Applicant Debbie Jernigan of 12103 NC Hwy 50 North , Willow Springs , explained that the nursery operation sells shrubs and trees and she would like to add specialty plants along with baked goods Ms Jernigan also stated she would like to give others in the neighborhood the opportunity to sell their homemade goods At the inquiry of Commissioner DeVan Barbour , Ms Jernigan explained that she is just primarily expanding to include home goods and crafts created from those in the neighborhood The Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 20 Decision on Rezoning Case 10 - 20 Case 10 - 20 Petition to rezone a 094 acre tract located at 12143 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13M99015B Owner Wayne T Stephenson Applicant Debbie Jernigan Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 20 to rezone a 094 acre tract located at 12143 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential to Agricultural Residential – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 10 - 20 Case 10 - 20 To allow for the display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , homemade crafts , home baked goods , and other related seasonal items Owner Wayne T Stephenson Applicant Debbie Jernigan Those wishing to speak on Special Use Case 10 - 20 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , homemade crafts , home baked goods , and other related seasonal items Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the Applicant for Case 10 - 20 on August 10 , 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 September 21 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 20 and made the following recommendations Upon a motion by Mr Massengill for approval of the rezoning , seconded by Mr Smith and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Rezoning for Case 10 - 20 at the September 21st , 2010 meeting Upon a motion by Mr Smith for approval of the Special Use Conditions seconded by Mr Letchworth and carried by a unanimous vote of 8 - 0 , the Planning Board recommended approval of the Special Use for Case 10 - 20 at the September 21st , 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 We will abide by all state and county codes and any recommended requirements Page190 December 6 , 2010 – 6 00 pm Continued Staff The Applicant is proposing to sell seasonal items such as pumpkins and Christmas Trees The Applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The Scale and size of my business comply well within the county’s code Staff The display sells area will meet the setback , access requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant My uses will be in accordance with the county code and will not detract or impact surrounding properties Staff The location is along a county designated collector road Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This area is in the growth area of the county Staff The site is located within the Primary Growth Area and within 1 3 of a mile from a Community Center Activity Node Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Sale of seasonal items and crafts Special Use Conditions 1 Permitted Uses Display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , homemade crafts , home baked goods , and other related seasonal items 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be 7 00am to 9 00 pm , Monday through Sunday 5 All signage shall comply with the sign code limited to 16 sqft in area and 6 feet in height 6 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties Mr Gray listed and reviewed each of the special use conditions with the Board At the inquiry of Commissioner Wade M Stewart , Applicant Debbie Jernigan confirmed that she understood the special use conditions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 20 Decision on Special Use Case 10 - 20 Case 10 - 20 To allow for the display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , homemade crafts , home baked goods , and other related seasonal items Owner Wayne T Stephenson Applicant Debbie Jernigan Based on the findings of facts and the special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 20 to allow for the display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , homemade crafts , home baked goods , and other related seasonal items on a 094 acre tract located at 12143 NC Hwy 50 N in Pleasant Grove Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Display and sales of seasonal items such as pumpkins , Christmas trees , bedding plants , shrubs , homemade crafts , home baked goods , and other related seasonal items 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be 7 00am to 9 00 pm , Monday through Sunday 5 All signage shall comply with the sign code limited to 16 sqft in area and 6 feet in height PagePage pageNumber5191 December 6 , 2010 – 6 00 pm Continued 6 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 10 - 22 Case 10 - 22 Petition to rezone 1008 acres of a 296 acre tract located at 2561 Old Drug Store Road in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06D02007B Owner Marianna , LLC – Mary Ann Harrison Applicant Go Play Outside , LLC – Mary Ann Harrison Planning Director Berry Gray stated the petition is to rezone 1008 acres of a 296 acre tract located at 2561 Old Drug Store Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray stated the property is presently vacant The surrounding land uses are zoned Agricultural Residential and Mobile Home Park District as well as General Business – Special Use District for a convenience store and Community Business – Special Use District for auto sales The subject area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Hampton Whittington , Attorney for the Applicant , PO Box 457 , Benson , explained that the Applicant wishes to preserve the land so that children and other people can use the property for recreational purposes Mr Whittington reported that the property will have trails that will be used for educational purposes as well as the Applicant is planning to have a picnic shelter Mr Whittington stated the subject property backs up to property owned by the Triangle Land Conservancy and the owner directly across from the subject site has expressed no objection to the proposed use Mr Gray stated the Planning Board recommended approval of the rezoning request At the inquiry of Commissioner Jeffrey P Carver , Mr Gray stated that approximately two - thirds of the property is in the flood plain and is not developable ; however , any improvements made would be to the portion of the property not located within the flood plain There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 22 Decision on Rezoning Case 10 - 22 Case 10 - 22 Petition to rezone 1008 acres of a 296 acre tract located at 2561 Old Drug Store Road in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06D02007B Owner Marianna , LLC – Mary Ann Harrison Applicant Go Play Outside , LLC – Mary Ann Harrison Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 22 to rezone 1008 acres of a 296 acre tract located at 2561 Old Drug Store Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 10 - 22 Case 10 - 22 To allow for outdoor recreation to include walking trails , field games , parties , and outdoor education programs Owner Marianna , LLC – Mary Ann Harrison Applicant Go Play Outside , LLC – Mary Ann Harrison Those wishing to speak on Special Use Case 10 - 22 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 outdoor recreation to include walking trails , field games , parties , and outdoor education programs Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the Applicant for Case 10 - 22 on August 25 , 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 PagePage pageNumber6192 December 6 , 2010 – 6 00 pm Continued • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the Applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On October 19 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 22 and made the following recommendations Upon a motion by Mr DeLaine to recommend approval , seconded by Mr Massengill and carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning for Case 10 - 22 at the October 19th , 2010 meeting Upon a motion by Mr Letchworth for approval of the Special Use Conditions seconded by Mr Browder and carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use for Case 10 - 22 at the October 19th , 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 property will be maintained in its present natural , wooded condition Any construction on the premises will be minimal for such needs as an office storage building , picnic shelter or bathroom Any improvements to the property will meet all public health , safety and general welfare requirements of Johnston County Staff The natural landscaped buffer along property line and normal hours of operation will promote the public health , safety , and 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 The property is currently in an AR zone It is primarily wood lands and will remain so The requested special use is for recreational purposes only The only development will be the possible construction of an office storage building , picnic shelter or bathroom The property will be operated pursuant to all conditions required by Johnston County in the special use permit Staff This location , on a collector street , will be able to serve the recreational service needs of the surrounding area 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 property will be maintained in its present natural , wooded condition Any construction on the premises will be minimal for such needs as an office storage building , picnic shelter or bathroom The intended recreational use will not diminish the value of adjacent properties If anything , having recreation in the area should make the area more attractive to potential purchasers of homes or land in the area Staff Natural landscape buffering and special use conditions will be enforced to 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 special use requested is allowed by the Land Development Code and complies with the development policies of the County The proposed use of the property provides open space which is available for use by all County residents Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Outdoor recreation to include walking trails , field games , parties , outdoor education programs Special Use Conditions 1 Permitted Uses Outdoor recreation to include walking trails , field games , parties , and outdoor education programs 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am – 9 00 pm 5 Installation of at least a Class A buffer along all property lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Signage must comply with the sign code , and is limited to 36sqft 7 Driveway access is limited to Cornwallis Road 8 Must obtain NCDOT driveway permit 9 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health PagePage pageNumber7193 December 6 , 2010 – 6 00 pm Continued 10 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 11 No public address systems 12 No alcohol consumption on site Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray reported that he discussed the proposed use with the Triangle Land Conservancy who owns adjacent property and they have no concerns as long as paint balls are prohibited Hampton Whittington , Attorney for the Applicant , PO Box 457 , Benson , stated that the Applicant understands the proposed special use conditions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 10 - 22 Decision on Special Use Case 10 - 22 Case 10 - 22 To allow for outdoor recreation to include walking trails , field games , parties , and outdoor education programs Owner Marianna , LLC – Mary Ann Harrison Applicant Go Play Outside , LLC – Mary Ann Harrison 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 - 22 to allow for outdoor recreation to include walking trails , field games , parties , and outdoor education programs on 1008 acres of a 296 acre tract located at 2561 Old Drug Store Road in Cleveland Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Outdoor recreation to include walking trails , field games , parties , and outdoor education programs 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 7 00 am – 9 00 pm 5 Installation of at least a Class A buffer along all property lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Signage must comply with the sign code , and is limited to 36sqft 7 Driveway access is limited to Cornwallis Road 8 Must obtain NCDOT driveway permit 9 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties 11 No public address systems 12 No alcohol consumption on site Rezoning Case 10 - 23 Tabled Until January 3 , 2011 6 00 pm Meeting Case 10 - 23 Petition to rezone 1 acre of a 473 acre tract located at 260 Allen Road SR 1516 in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04020B Owner Thomas and Sandra Allen Applicant Sandra Allen It was determined that the Applicant was not present for Rezoning Case 10 - 23 ; therefore , upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board tabled the rezoning case until the January 3 , 2011 , 6 00 pm meeting The Chairman reopened the Rezoning Hearing for Case 10 - 25 Case 10 - 25 Petition to rezone 025 acres of a 445 acre tract located at 1438 Harper House Road in Bentonville Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 02N17024C Owner Applicant Julius Burton Johnson Planning Director Berry Gray stated the petition is to rezone 025 acres of a 445 acre tract located at 1438 Harper House Road in Bentonville Township from Agricultural Residential to Community Business -PagePage pageNumber8194 December 6 , 2010 – 6 00 pm Continued Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray stated the existing land use is for a single family dwelling The surrounding land uses are zoned Agricultural Residential and used for such purposes The subject area is located within a designated “ Agricultural Rural Conservation Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Applicant Julius Burton Johnson explained that he would like to be able to sell a few cars in front of his house and does not plan to have over one or two cars at any given time Mr Johnson stated that he has spoken to his neighbors who have no opposition to the proposed use Mr Johnson added that he intends to keep the property clean in that he lives on the site and that it has been in his family for three generations Mr Johnson stated that he would like to eventually pass the property on to his children and the proposed use would not take away from the appearance of the land At the inquiry of Chairman Allen L Mims , Jr , Mr Burton confirmed that State law requires a separate office and car lot from your home to acquire a dealer’s license Mr Gray stated the Planning Board recommended denial of the rezoning request At the inquiry of Commissioner Wade M Stewart , Mr Gray reported that while the Planning Board recommended denial based on the incompatibility of the use with the Comprehensive Land Use Plan , staff recommended approval based upon the low intensity and low impact of the requested special use Mr Gray explained that the Land Use Plan is to be used as a guide on a case by case basis when reviewing rezoning requests He stated that the Board could consider approval of the proposed use in that the request is only for five vehicles at any given time and staff had determined that the use would be low impact Commissioner Tony Braswell indicated that Planning Staff Member Kevin Sigmon had given the same explanation at the Planning Board meeting on why staff had recommended approval Commissioner DeVan Barbour reported the Planning Board did not discuss compatibility of the proposed use with the surrounding neighborhood and their decision was based entirely on compatibility with the Land Use Plan Chairman Mims commented that everything does not always fit into the Land Use Plan There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 25 Decision on Rezoning Case 10 - 25 Case 10 - 25 Petition to rezone 025 acres of a 445 acre tract located at 1438 Harper House Road in Bentonville Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 02N17024C Owner Applicant Julius Burton Johnson Commissioner DeVan Barbour moved the Board approve rezoning case 10 - 25 to rezone 025 acres of a 445 acre tract located at 1438 Harper House Road in Bentonville Township from Agricultural Residential to Community Business - Special Use District Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 10 - 25 Case 10 - 25 To allow for automotive sales and display Owner Applicant Julius Burton Johnson Those wishing to speak on Special Use Case 10 - 25 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 sales and display Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the Applicant for Case 10 - 25 on August 23 , 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 PagePage pageNumber9195 December 6 , 2010 – 6 00 pm Continued • 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 October 19 , 2010 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 10 - 25 and made the following recommendations Upon a motion by Mr Letchworth for approval of the rezoning , seconded by Mr Massengill , with Mr Edwards and Mr Summerlin also agreed on approval however Mr Jenkins , Browder , DeLaine , Gathers and Smith voted against The Planning Board recommended denial of the Rezoning for Case 10 - 25 with a vote of 5 - 4 at the October 19th , 2010 meeting due to incompatibility with the Land Use Plan Mr Gray submitted the following proposed Findings of Facts and Special Use Conditions for the Board’s consideration 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 Sales will be generated from display along Harper House Road The business will be licensed by NCDMV and no more than ten vehicles will be displayed Staff The landscaped buffer along Harper House Road and normal hours of operation will promote the public health , safety , and 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 The property and business will conform to the county’s development plan and will be licensed by NCDMV Staff This location , on a collector street , will be able to serve the daily convenience and personal service needs of the surrounding area , as the Community Business District is intended to do 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 I plan on having no more than ten vehicles and operate from 9am to 7pm Staff Landscape buffering requirements and special use conditions will be enforced to 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 Our business will conform to the county’s development plan Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Automotive sales and display Special Use Conditions 1 Permitted Uses Automotive Sales and Display 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 9 00 am – 7 00 pm 5 Limited to the display of 5 vehicles 6 Auto detailing is permitted 7 Installation of at least a Class B buffer along front property line 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 8 No parking of vehicles for display within the buffer area along Harper House Road 9 Signage must comply with the sign code , and is limited to 36sqft 10 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties Mr Gray suggested that if the special use permit is approved that staff requests the Board to add the following language to special condition # 5 “ maximum of five vehicles ” Page0196 December 6 , 2010 – 6 00 pm Continued Commissioner Tony Braswell questioned the proposed condition that would allow operation seven days per week Applicant Julius Burton Johnson stated that he lives on the site , does not plan on selling cars on Sunday , and that he would not be opposed to deleting that condition ; however , he noted there may be an instance where someone may wish to stop by on a Sunday to look at a vehicle for sale and he would like to be able to show the vehicle Mr Johnson stated that he also would possibly like to be able to wash the vehicles for sale on a Sunday Commissioner DeVan Barbour stated he did not understand the need for a buffer across the road front property line in that cars for sale would not be visible behind the buffer Chairman Allen L Mims , Jr stated that in municipal planning , low growing landscaping buffers along the front property lines are often required to prevent reflections from the sun off car bumpers from impairing the vision of drivers in cars passing by County Attorney David Mills advised that special condition # 6 should be clarified to state “ auto detailing with respect to the cars being sold is permitted ” Mr Johnson stated that he had received a copy of the proposed conditions prior to the meeting and he understood them Mr Gray stated the Planning Board recommended denial of the rezoning ; therefore , the special use case was not heard There being no further comments , the Chairman closed the Special Use Hearing for Case 10 - 25 Decision on Special Use Case 10 - 25 Case 10 - 25 To allow for automotive sales and display Owner Applicant Julius Burton Johnson Based on the findings of facts and revised special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 10 - 25 to allow for automotive sales and display on 025 acres of a 445 acre tract located at 1438 Harper House Road in Bentonville Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Automotive Sales and Display 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of Operation Monday through Sunday , 9 00 am – 7 00 pm 5 Limited to the display of a maximum of 5 vehicles 6 Auto detailing , with respect to the cars being sold , is permitted 7 Installation of at least a Class B buffer along front property line 2 large trees , 3 small trees , and 9 shrubs along internal lines and 2 large trees , 3 small trees and 9 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 8 No parking of vehicles for display within the buffer area along Harper House Road 9 Signage must comply with the sign code , and is limited to 36sqft 10 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Lighting , if any , must be dark sky lighting and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 10 - 26 Case 10 - 26 Petition to rezone 2 tracts totaling 273 acres located at 156 Bear Road SR 1110 in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01F13030A , 01F13030J Owner Applicant M Ray Johnson Planning Director Berry Gray stated the petition is to rezone two tracts totaling 273 acres located at 156 Bear Road in Banner Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning Mr Gray stated the existing land use contains aPage1197 December 6 , 2010 – 6 00 pm Continued vacant building previously used as a community store restaurant The surrounding land uses are primarily zoned Agricultural Residential and used for such purposes , as well as , there is Agricultural Residential - Special Use District zoning approximately 700 feet to the west , which is used for auto sales The subject area is located within a designated “ Agricultural Rural Conservation Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Chip Hewett , Attorney for the Applicant , addressed the Board Mr Hewett submitted exhibits to the Board consisting of a diagram of the area indicating the subject site and the surrounding property owners , letters and petitions of support for Case 10 - 26 Mr Hewett stated that it is his opinion that the Board will see more and more business opportunities such as the proposed use due to the current state of the economy and people trying to do something different with their property in order to make more money Mr Hewett stated that Mr Johnson has requested multiple uses in his special use request to avoid having to come back to the Board of Commissioners multiple times for the various uses Mr Hewett stated the site plan is designed so that Mr Johnson can operate within the conditions that would be set by the Board , if approved Further , Mr Hewett clarified that the Applicant is in the repossession business Mr Hewett explained that Mr Johnson owns one tow truck that he uses for repossession ; however , 80 to 90 of the repossessed cars would be driven to the site Mr Hewett stressed that the towing and repossession operation would not be a towing junk yard facility Mr Hewett referenced the exhibits that he previously submitted and referred to an Affidavit from Joyce Beasley who had previously owned the property for over 37 years Mr Hewett stated that Ms Beasley’s affidavit stated that she has no objection to the proposed use and , further , that in her review of the petition of opposition that had been submitted at the Planning Board meeting , it did not contain names and signatures of people that lived within the immediate area which would be impacted or affected by the rezoning Mr Hewett then referenced the letter submitted by Hazel McLamb , adjacent property owner to the west and south of the subject site , in support of the proposed rezoning and use Further , Mr Hewett presented an exhibit from the Barefoots and the McLambs , property owners across the road from the subject site , who are in support of the rezoning Mr Hewett explained that Michael Barefoot is the owner and operator of GSW Incorporated , who owns the property across the road which houses a trucking operation and turkey farm Mr Hewett submitted a petition of signatures from 13 residents predominantly of NC Hwy 242 and Bear Road who are unopposed to the rezoning and stated the document is signed by those residents that live within approximately two miles from the subject site Mr Hewett asked the Board to approve the rezoning and offered to answer any questions Commissioner Jeffrey P Carver asked where the Applicant currently operates his repossession business , as well as , inquired as to how long Mr Johnson has owned the subject property that he is seeking to rezone Mr Hewett responded that Mr Johnson currently owns and operates two other businesses , one located in Raleigh and the other in Clayton Mr Hewett also informed the Board that Mr Johnson has been in the auto industry for over 30 years Mr Hewett stated that Mr Johnson has owned the subject property for over seven years Judy Parker Bradshaw , 215 Muirfield Lane , Clayton , spoke in opposition to the rezoning request Ms Bradshaw stated the proposed uses go against the rural conservation of the area Ms Bradshaw stated that the area is primarily used for residential and agricultural purposes and although there are those that do not oppose the proposed uses , she stated her family owns approximately 10 acres of property directly across from the subject site and they are in opposition Ms Bradshaw explained that her family is trying to develop their land for sale of single family homes and if the rezoning is approved , no one would want to locate a home directly across from the proposed use At the inquiry of Commissioner Carver , Ms Bradshaw stated she inherited the property from her grandfather and the property has been owned by her family for five generations Upon a question by Commissioner Tony Braswell , Ms Bradshaw stated that her property has been listed for sale for two years and she has someone who has shown interest in purchasing the property ; however , a written contract on the property is pending the outcome of this rezoning matter Commissioner W Ray Woodall inquired about the adjacent property owned by GSW Incorporated - Michael Barefoot and its impact on Ms Bradshaw’s property Page2198 December 6 , 2010 – 6 00 pm Continued Ms Bradshaw responded that her property is adjoined by the Barefoot tract ; however , the Barefoot tract is approximately 900 feet from the proposed rezoning site Further , Ms Bradshaw stated that the turkey farm operation located on the Barefoot parcel is an agricultural use which falls within the intended uses of the Agricultural Residential zoning district Commissioner Braswell asked for clarification as to what the Applicant actually intends to do with the site , noting that the Applicant has requested multiple uses Mr Hewett stated Mr Johnson intends to have a combination of uses on the subject site Referring to the site plan , Mr Hewett explained that the front part of the site would be the retail car lot area and would have no more than 30 vehicles in the front with parking behind that Mr Hewett stated that behind the retail car sales lot , the Applicant would use an area in the existing building as an office for the car lot , as well as , there is an area within the existing building that the Applicant intends to have a restaurant convenience store for the community Mr Hewett reported that Mr Johnson’s son lives , and intends to continue living , beside the subject rezoning site Relating to Ms Bradshaw’s comments , Mr Hewett stated that in his opinion , he felt the turkey farm operation would have a greater impact on the sale of Ms Bradshaw’s property than the proposed uses of the subject site At the inquiry of Commissioner Braswell , Mr Hewett stated that the Applicant will have an area designated as the repossession lot that will be enclosed by an opaque fence to house the temporary repossessed vehicles onsite Commissioner DeVan Barbour questioned Mr Hewett’s explanation of the intended use , stating that the explanation contradicted earlier statements at the Planning Board meeting Mr Hewett clarified that Mr Johnson plans to start off with a used car lot along with the repossession area as the primary business use and phase in a convenience store and grill - type restaurant Mr Hewett stated that the existing building already contains restaurant equipment Commissioner Braswell asked if there was formerly a business located on the site at one time Mr Hewett confirmed that according to Joyce Beasley , who was the former owner for over 37 years , there was a former business existing on the site in 1992 Commissioner Wade M Stewart expressed concerns with the Applicant requesting a variety of uses at one time and stated perhaps it would be better for the Applicant to revise his request to one proposed use Mr Hewett stated that it was basically a strategy call by the Applicant so that if the first proposed use does not work out then he would have a second option in place to pursue without having to come back to the Planning Board and Board of Commissioners for approval On behalf of the Applicant , Mr Hewett requested the Board to approve the rezoning request as presented Mr Gray reported the Planning Board recommended denial based on the requested uses being incompatible with the Land Use Plan within the designated “ Agricultural Rural Conservation Area ” and the negative impact that would be caused on the neighboring property owners At the inquiry of Commissioner Braswell , Mr Gray stated that the Planning staff’s recommendation for approval was based on a limit of 30 vehicles There being no further comments , the Chairman closed the Rezoning Hearing for Case 10 - 26 Further Discussion by the Board Chairman Allen L Mims , Jr stated that he sees the current request as being a higher intensity use and much different from the use requested in Case 10 - 25 whereby that Applicant only wished to have a few cars for sale Commissioner Jeffrey P Carver agreed with Chairman Mims and stated that he could not support a rezoning that would be a detriment to an adjacent property owner Decision on Rezoning Case 10 - 26Page3199 December 6 , 2010 – 6 00 pm Continued Case 10 - 26 Petition to rezone 2 tracts totaling 273 acres located at 156 Bear Road SR 1110 in Banner Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 01F13030A , 01F13030J Owner Applicant M Ray Johnson Commissioner Tony Braswell moved the Board approve rezoning case 10 - 26 to rezone 2 tracts totaling 273 acres located at 156 Bear Road in Banner Township from Agricultural Residential to General Business - Special Use District Commissioner W Ray Woodall seconded the motion , which failed by the following vote Ayes Commissioners Tony Braswell and W Ray Woodall Nays Commissioners Allen L Mims , Jr , Jeffrey P Carver , Cookie Pope , Wade M Stewart , and DeVan Barbour 5 Public Hearing – Ordinance Amendment § 14 , Article II Zoning Districts Advertised – In The Smithfield Herald – November 24 and December 1 , 2010 The Chairman opened the public hearing Planning Director Berry Gray stated the purpose of the public hearing is to receive public comment on the proposed amendments to the Code of Ordinances as it relates to Article II Zoning Districts , § 14 - 51 through 14 - 129 Mr Gray briefly reviewed the amendments with the Board and stated the amendments included a new zoning district denoted as Neighborhood Commercial Zoning District which is based on the Land Use Plan recommendation for a new zone to allow for limited commercial uses within close proximity to neighborhoods with less intense uses than those in the Community Business District or General Business District zoning Mr Gray added that the establishment of this zoning district would not interfere with the County’s desire to continue reviewing Special Uses Mr Gray also reported that adjustments have been made to the existing districts to provide for a clearer distinction between the permitted uses , especially between the Community Business and General Business Districts Mr Gray stated staff held a workshop for the public on August 5 , 2010 at the Land Use Center as well as a public hearing on August 17 , 2010 before the Planning Board , which voted to recommend approval There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the following amendments to the Land Development Code ARTICLE II ZONING DISTRICTS DIVISION 1 GENERALLY Sec 14 - 51 Establishment The County and its Planning Jurisdiction is divided into Zoning Districts as enumerated in this Section The use regulations and intensity regulation applicable for such Zoning Districts are designated in Division 2 of this Article 1 Agricultural - Residential District AR The Agricultural - Residential District is intended to encourage the continuance of agricultural uses as well as to ensure that residential development of appropriate intensities that are consonant with the suitability of land , availability of public services , accessibility to major activity centers , and transportation systems , and that are compatible with surrounding development , will occur at appropriate density to provide a healthful environment 2 Resort - Residential District RR The Resort Residential District is intended to provide for specific residential needs as well as to ensure that specific residential development of appropriate intensities consonant with the suitability of land and transportation systems , and that are compatible with surrounding development , will occur at sufficient density to provide a healthful environment 3 Residential - Mobile Home Park District R - MHP The Residential - Mobile Home Park District is intended to provide for affordable residential development that addresses residential needs as well as to ensure that specific residential development of appropriate intensities consonant with the suitability of land and transportation systems , and that are compatible with surrounding development , will occur at sufficient density to provide a healthful environment Page4200 December 6 , 2010 – 6 00 pm Continued 2 Resort - Mobile Home Park Residential Districts RR , R - MHP The resort and mobile home park residential districts are intended to provide for affordable residential development that addresses specific residential needs as well as to ensure that specific residential development of appropriate intensities consonant with the suitability of land and transportation systems , and that are compatible with surrounding development , will occur at sufficient density to provide a healthful environment 4 Office Institutional District OI The Office and Institutional District is intended to provide for office , institutional , educational , research , public service uses and their necessary support functions , while minimizing conflicts with adjoining land uses 5 Neighborhood Business District NB The Neighborhood Business District is intended to provide for the development of commercial and service centers that serve the daily commercial needs , are accessible by residents from the immediate neighborhood , and are of such a nature so as to minimize conflicts with surrounding residential areas 6 Community Business District CB The Community Business District is intended to provide for the development of commercial and service centers that serve communities commercial needs , are accessible by residents from the community and surrounding neighborhoods , and are of such a nature so as to minimize conflicts with surrounding residential areas 7 General Business District GB The General Business District is intended to provide for the development of commercial and service centers that serve community , countywide , or regional commercial needs , are accessible by residents from surrounding neighborhoods , and are of such a nature so as to minimize conflicts with surrounding residential areas 3 Commercial Districts GBD , CBD The commercial GBD , CBD districts are intended to provide for the development of commercial and service centers that serve community , countywide , or regional commercial needs , are accessible by residents from surrounding neighborhoods , and are of such a nature so as to minimize conflicts with surrounding residential areas 4 Office Institutional District OI The office institutional OI district is intended to provide for office , institutional , educational , research , public service uses and their necessary support functions , while minimizing conflicts with adjoining land uses 8 Industrial - 1 District I - 1 The Industrial - 1 District is intended to provide public and private uses of a wholesale , distribution , warehousing , fabrication , and processing of a light industrial production nature 9 Industrial - 2 District I - 2 The Industrial - 2 District is intended to provide public and private uses of a wholesale , distribution , warehousing , fabrication , and processing of a heavy industrial production nature 5 Industrial districts I - 1 , I - 2 The industrial I - 1 , I - 2 districts are intended to provide public and private uses of a wholesale , distribution , warehousing , fabrication , processing , and industrial production nature 10 6 Overlaying Districts It is the intent of this Chapter to provide for an Airport Height Hazard District AHH , an Endangered Species Environmentally Sensitive Area District ES , an Interstate Highway Interchange District IHI , a Floodplain District FP , a Water Supply Watershed Protection - watershed District WSW WP , Municipal Transition District MTD , and other districts which shall overlay the Zoning Districts enumerated in Subsections 1 - 9 5 of this Section , and which shall provide for special review of development with such Overlay Districts in accordance with the intents , procedures , and standards established for the Zoning District 11 7 Special Use Districts SUD For the Zoning Districts described in this Section , there are established parallel Special Use Districts , pursuant to GS 153A - 340 Under each Special Use District , all uses allowed as a permitted use or special use by this Chapter for the parallel general use district are permitted only after issuance of a Special Use Permit by the Board of Commissioners Planning Board pursuant to Article IV of this Chapter Uses , other than those of the parallel general use district may be allowed , subject to special conditions designed to ensure compatibility with the parallel general use district Sec 14 - 52 Zoning Atlas The boundaries of the Zoning Districts enumerated in Section 14 - 51 are shown on the Official Zoning Atlas which with all notations , references , and other information shown on the Zoning Atlas , shall be as much a part of this Article as if fully described in this Section a Official Zoning Atlas The Official Zoning Atlas shall be the “ Digital Maps ” maintained by the County Geographic Information Systems GIS Department in accordance with the Resolution adopted by the Board of County Commissioner on May 6 , 1996 Page5201 December 6 , 2010 – 6 00 pm Continued b Authentication The Official Zoning Atlas shall be authenticated by the Planning Director C