February 2, 2009 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 236 Meeting of the Johnston County Board of Commissioners February 2 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 2 , 2009 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , and Tony Braswell Absent DeVan Barbour Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Request from NC Stop Torture Now Organization Christina Cowger , 1021 Gardner Street , Raleigh , representing NC Stop Torture Now , addressed the Board and requested the Board of Commissioners to direct the Johnston County Airport Authority to adopt a pledge aimed at preventing the use of the Johnston County Airport for extraordinary rendition as well as refer any allegations of crime to the appropriate law enforcement personnel for investigation Ms Cowger provided the Board with a background on their purpose and indicated that it was her organization’s belief that from at least from 2005 , Aero Contractors , which occupies hanger space at the Johnston County Airport , has been involved in helping to kidnap and transport detainees to other countries to be tortured Chairman Wade M Stewart commented that with the new President’s administration , it appears changes may be forthcoming from the Federal government on the issue of extraordinary rendition Walt Caison , 312 North Massey Street , Selma , member of NC Stop Torture Now , asked the Board to address the practice of extraordinary rendition at the Johnston County Airport Mr Caison requested the Board to work with NC Stop Torture Now to put an end to such events as kidnapping and transporting people for the purpose of intimidation and torture Timothy Hodges , President of the Johnston County NAACP , stated he wanted to go on record as standing in support of the request by NC Stop Torture Now Following further comments and discussion , the Board took the request under advisement 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – January 21 and 28 , 2009 Certified letters were mailed to adjoining property owners on January 20 , 2009 Notices were posted at the locations on November 25 , 2008 for Cases 07 - 16 ; 08 - 31 ; 08 - 33 The Chairman opened the Special Use Hearing for Case 07 - 16 Case 07 - 16 A request has been made to modify the site plan requirement as follows original permit allows for the operation and construction of a Super Wal - Mart commercial shopping center with a stub - out to the south The applicant agreed to provide a stubout , or access , to the south sufficient to meet future transportation needs The applicant is hereby requesting that the Board consider an alternate solution based on future needs and existing conditions , specifically as it relates to Cleveland Crossing Drive which has access to the rear of the development Property is located on NC Hwy 42 W near the intersection with I - 40 in Cleveland Township Tax ID 06E02017T Applicant Paramount Development Corporation David Harner Owner Wal - Mart Real Estate Business Trust Those wishing to speak on special use case 07 - 16 were sworn in by the Clerk to the Board Page237 February 2 , 2009 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the request is to modify the special use permit The original permit allows for the operation and construction of a Super Wal - Mart commercial shopping center with a stubout to the south The applicant agreed to provide a stubout , or access , to the south sufficient to meet future transportation needs The applicant is hereby requesting that the Board consider an alternate solution based on future needs and existing conditions , specifically as it relates to Cleveland Crossing Drive which has access to the rear of the development The property is located on NC Hwy 42 West near the intersection with Interstate 40 in Cleveland Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 16 on September 2 , 2008 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 December 16 , 2008 , the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 07 - 16 and made the following recommendations After discussion , a motion was made by Mr Letchworth to approve with the additional condition that the recorded access easement be dedicated with connection to the yellow line but not be constructed , seconded by Mr Browder with a vote of 3 - 6 , Mr Letchworth , Mr Browder and Mr Massengill requesting to approve the modification and Mr Jenkins , Mr DeLaine , Mr Gathers , Mr Schulz , Mr Edwards and Mr Smith requesting to deny the request , the Planning Board recommended denial of the modification at its December 16th , 2008 regarding rezoning Case 07 - 16 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 ; 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 ; 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 ; 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 Mr Gray reviewed an aerial photograph with the Board as follows , specifically highlighting the location of Wal - Mart and the alternate stubout option being requested , as indicated by the red line in the photo original required stubout is indicated by the yellow line Page238 February 2 , 2009 – 6 00 pm Continued Mr Gray explained the red line alternate option would utilize Cleveland Crossing Drive which is an existing roadway that runs by several businesses , including the Lowes store He stated Wal - Mart is requesting to utilize the red line alternate option rather than constructing a new stubout to the south as indicated by the yellow line Mr Gray reported staff received a letter from the DOT concurring with the alternate option Commissioner Allen L Mims , Jr asked if staff or the DOT had visited the site Mr Gray stated when staff met with DOT District Engineer , Tim Little , to review the alternate option , at that time , Mr Little had only reviewed maps of the area and had not conducted a site visit Commissioner Mims stated he could agree with the alternate option that DOT concurs with ; however , he expressed concern over the County’s pump station located on the existing right - of - way , noting that the unpaved road is only 12 feet wide with a steep ravine He cautioned that without more study on the scenario , the County’s pump station may be impacted Commissioner Mims suggested that Tim Broome , Director of Utilities and Engineering , should review the alternate option to determine if the pump station would be disturbed David Harner , Paramount Development , reported the construction of the new Wal - Mart is underway with an opening scheduled for August 2009 Mr Harner read from the October 1 , 2007 Board of Commissioners ’ minutes regarding the discussions on the stubout at the rear of the Wal - Mart property and the need for a transportation plan in the area Mr Harner stated based on the discussions from the October 2007 meeting , it was agreed that a stubout would be provided to the south ; however , an exact location of the stubout was yet to be determined for the future connection Mr Harner noted the original special condition # 11 reads as follows “ applicant will provide a stub - out or access to the south sufficient to meet future transportation needs as determined by Planning Staff at the time of site plan approval ” He stated that once Paramount submitted their site plans and began work on the project , the Planning staff provided Paramount with a sketch of the stubout at the rear of the Wal - Mart property Mr Harner stated in the absence of a transportation plan , Paramount would like to rethink the southern stubout scenario Commissioner Mims stated he would have no problems with Wal - Mart utilizing the existing access to Cleveland Crossing Drive in the alternate option ; however , he reiterated that more study needs to be done to determine any potential impacts on the County’s pump station He stated that a transportation plan is needed for the area Mike Stewart , Stewart & Proctor Engineering and Surveying , representing the adjacent property owner , Mr Algie Stephens , stated that his client has begun clearing and grading on his property Mr Stewart expressed concern over the placement of the stubout , indicating that it could possibly impact some of the development plans that Mr Stevens has for his property Mr Stewart went on to explain that the alternate option as requested by Paramount would be better suited for Mr Stephens ’ property Page239 February 2 , 2009 – 6 00 pm Continued At the inquiry of Chairman Stewart , Mr Stewart reiterated , the original stubout as proposed by the Planning staff yellow line , would adversely impact Mr Stephens development Mr Gray noted that regarding a transportation plan for the area , in the near future the County will be obtaining a comprehensive transportation plan that will be recognized by the DOT The subject area will be incorporated into the plan He stated a comprehensive transportation plan is the only plan that the DOT will recognize Mr Gray reported staff did review the alternate option as requested by Paramount and initially had no concerns with approving the request ; however , the Planning Board recommended against approval stating there was not enough information to determine which option would be best Commissioner Mims noted that Wal - Mart could perhaps wait on a decision by the Board ; however , Mr Algie Stephens needed a decision sooner so he could proceed with his plans There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 16 Decision on Special Use Case 07 - 16 Case 07 - 16 A request has been made to modify the site plan requirement as follows original permit allows for the operation and construction of a Super Wal - Mart commercial shopping center with a stub - out to the south The applicant agreed to provide a stubout , or access , to the south sufficient to meet future transportation needs The applicant is hereby requesting that the Board consider an alternate solution based on future needs and existing conditions , specifically as it relates to Cleveland Crossing Drive which has access to the rear of the development Property is located on NC Hwy 42 W near the intersection with I - 40 in Cleveland Township Tax ID 06E02017T Applicant Paramount Development Corporation David Harner Owner Wal - Mart Real Estate Business Trust Commissioner Allen L Mims , Jr moved the Board approve the modification to the special use permit for Case 07 - 16 , modifying special condition # 11 to read as indicated below , based on the recommendation by the Department of Transportation for the alternate option red line utilizing Cleveland Crossing Drive Special Condition No 11 – Access will be provided to Cleveland Crossing Drive through an existing driveway connection south of Lowes Home Improvement Center The intent is for future connection to Cleveland Road from Cleveland Crossing Drive through an existing 60 ’ utility future right of way easement on the south side of such drive , ending at the property listed as Williams 2006 Limited Family Partnership This access option is displayed as Option 2 shown in blue and red on the following aerial photo Commissioner Cookie Pope seconded the motion Further Discussion PagePage pageNumber5240 February 2 , 2009 – 6 00 pm Continued Commissioner Jeffrey P Carver noted his concerns with the options , indicating other contiguous property owners in the area may be impacted Commissioner Mims reiterated the need for a transportation plan in the area to address future connections At the inquiry of Chairman Stewart , Mr Harner reported Paramount’s engineers designed and proposed the alternate option red line The motion carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Cookie Pope , W Ray Woodall , and Tony Braswell Nays Commissioner Jeffrey P Carver The Chairman opened the Rezoning Hearing for Case 08 - 31 Case 08 - 31 Petition to rezone a 92 acre tract located at 160 Old Murphy Road SR 1730 in O’Neals Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 11M05002H Owner Applicant Shelly Creech - Parrish Planning Director Berry Gray stated the petition is to rezone a 92 acre tract located at 160 Old Murphy Road in O’Neals Township from Agricultural Residential to Community Business – Special Use District He noted the special use application associated with the request Mr Gray stated the property is located on a dead - end road and the applicant is requesting to rezone the property to allow the continued operation and expansion of her daycare business Applicant Shelly Creech - Parrish , 160 Old Murphy Road , informed the Board that she has fulfilled the requirements requested by the Planning Board on the special conditions Ms Parrish reported she contacted the Department of Transportation regarding Children - At - Play signs ; however , she was informed that the DOT does not install such signs in residential areas ; therefore , she has purchased and will install the signs herself Ms Parrish stated she has received letters waiving the buffer requirement from two of her neighbors ; however , the rear property owner has been advised by his realtor to require the buffer to be installed Ms Parrish stated she has no problems installing some type of buffer , but she would prefer to not install large trees Chairman Wade M Stewart reminded everyone that the Board must first decide if the property should be rezoned prior to discussing the special use conditions There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 31 Decision on Rezoning Case 08 - 31 Case 08 - 31 Petition to rezone a 92 acre tract located at 160 Old Murphy Road SR 1730 in O’Neals Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 11M05002H Owner Applicant Shelly Creech - Parrish Commissioner Cookie Pope moved the Board approve rezoning case 08 - 31 , to rezone a 92 acre tract located at 160 Old Murphy Road in O’Neals Township from Agricultural Residential to Community Business – Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 08 - 31 Case 08 - 31 To allow for the operation of a child care facility and residence Owner Applicant Shelly Creech - Parrish Those wishing to speak on Special Use Case 08 - 31 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a child care facility and residence Mr Gray introduced the following summary of evidence into the record PagePage pageNumber6241 February 2 , 2009 – 6 00 pm Continued A pre - application consultation was held with the applicant for Case 08 - 31 on October 24 , 2008 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 December 16 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 31and made the following recommendations Upon a motion by Mr Edwards seconded by Mr Browder and carried unanimously 9 - 0 , the Planning Board recommended preliminary approval for Rezoning Case 08 - 31 at its December 16th , 2008 regarding rezoning Case 08 - 31 Upon a motion by Mr Gathers , seconded by Mr Smith and carried unanimously 9 - 0 , the Planning Board votes at its December 16 , 2008 meeting to recommend preliminary approval of the Special Use Permit request , Case 08 - 31 , based on and subject to the following findings of fact 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 The facility is located two miles from Corinth Holders Elementary school that is designed and proposed to enhance the community by providing a quality child care setting Rezoning this property will promote the health , safety and welfare of more children in the Corinth Holders community Staff The proposed facility will provide a needed service to the community The applicant will abide by all state and local laws as it relates to child care facilities This includes maintaining a clean and healthy environment for the children to learn and play in 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 Rezoning this property will comply with all required land development codes by said property continuing to be used as AR Agricultural and Residential by way of a Special Use Permit to allow the child care facility to grow to hold the regulations of County and State ordinances Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code The Land Development code requires that any child care facility servicing more than six children shall be rezoned to a district that permits such a business The applicant has requested a Special Use Permit and the business shall be subject to the conditions placed upon it by the Boards 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 This property is located two miles from Corinth Holders Elementary School It is designed as a single family dwelling that has been enhanced to meet the needs of children and families of the community No physical changes will be made to the property therefore the value will be maintained Staff The facility will provide a needed service to the community The business will only be open during normal hours and the applicant will maintain her residence at the home A Class B buffer shall be installed along all rezoning lines 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 The use and development of this property will conform to the county’s land development code , strategic plan , and other development policies by continuing to be a residence It will also continue to provide services for the community by offering high quality child care 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 APPLICANT Child care facility and residence Specific Land Uses Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of a Class B landscape buffer along all rezoning lines 3 large trees , 3 small trees , and 12 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences With agreement from the neighbors , this can be waived The Planning Board recommends no buffer be required PagePage pageNumber7242 February 2 , 2009 – 6 00 pm Continued 4 All buildings and or development must comply with rules enforced by Federal , State and Local agencies including , but not limited to , Johnston County Building Inspections , Public Utilities , Environmental Health , and NC Department of Transportation 5 Number of children to be cared for shall be limited to no more than twelve 12 6 Hours of operation shall be Monday through Friday , 5 30 am until 11 30 pm 7 Applicant will install Children at Play sign , if approved by DOT , but no other signage is allowed 8 Lighting shall be limited to dark sky and engineered so as not to shine onto adjacent properties 9 Requires applicant to have liability insurance at 1 million Mr Gray explained the applicant currently has a childcare facility in operation with eight children ; however , she is requesting to add four more spots In order to expand the operation , the rezoning is required to receive approval from the State for the additional spots Mr Gray listed and reviewed each of the special use conditions with the Board He pointed out that the applicant is in the process of negotiating the buffer requirement with her neighbors Commissioner Tony Braswell questioned why the County should set a specific amount on the liability insurance requirement Mr Gray responded the 1 million liability insurance requirement is typically recommended by the Planning Board Commissioner Allen L Mims , Jr agreed with Commissioner Braswell and stated the condition should read “ liability insurance of at least 1 million ” Commissioner Braswell stated that it is his opinion the County should not dictate the amount of insurance to be required and that it should be left up to the property owner Chairman Wade M Stewart agreed that the matter should be left up to the property owner Commissioner Mims suggested that the language could be modified to require liability insurance that the property owner deems appropriate Commissioner Braswell also questioned the Children - At - Play signs , noting the DOT does not require them Applicant Shelly Creech - Parrish stated the Children - At - Play signs were requested by one of her neighbors Chairman Stewart asked Ms Creech - Parrish is she understood all the special conditions Ms Creech - Parrish reported she understood all the conditions and noted on the buffer requirement , the rear property owner has indicated to her , although she has not received it in writing , that he will waive the Class B buffer requirement in exchange for either a fence or bushes Ms Creech - Parrish confirmed she has received letters from two of her neighbors waiving the buffer requirement There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 31 Decision on Special Use Case 08 - 31 Case 08 - 31 To allow for the operation of a child care facility and residence Owner Applicant Shelly Creech - Parrish Based on the following findings of facts and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owner Applicant Shelly Creech - Parrish to allow for the operation of a child care facility and residence on a 92 acre tract located at 160 Old Murphy Road SR 1730 in O’Neals Township Commissioner Allen L Mims , Jr seconded the motion Further Discussion and Amendment to Motion Commissioner Cookie Pope questioned if the motion included a revision to the special use conditions regarding the liability insurance requirement Commissioner Pope suggested the condition be revised to read “ requires applicant to have liability insurance that he she deems appropriate ” PagePage pageNumber8243 February 2 , 2009 – 6 00 pm Continued Commissioner Allen L Mims , Jr instructed staff to ensure that documentation is submitted from the adjoining property owners regarding waiving the buffer requirement , in particular , the rear property owner Commissioner W Ray Woodall amended his motion to revise the special condition regarding liability insurance , in accordance with Commissioner Pope’s comments Commissioner Allen L Mims , Jr seconded the amended motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of a Class B landscape buffer along all rezoning lines 3 large trees , 3 small trees , and 12 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences With agreement from the neighbors , this can be waived 4 All buildings and or development must comply with rules enforced by Federal , State and Local agencies including , but not limited to , Johnston County Building Inspections , Public Utilities , Environmental Health , and NC Department of Transportation 5 Number of children to be cared for shall be limited to no more than twelve 12 6 Hours of operation shall be Monday through Friday , 5 30 am until 11 30 pm 7 Applicant will install Children at Play sign , if approved by DOT , but no other signage is allowed 8 Lighting shall be limited to dark sky and engineered so as not to shine onto adjacent properties 9 Requires applicant to have liability insurance that he she deems appropriate The Chairman reopened the Rezoning Hearing for Case 08 - 33 Case 08 - 33 Petition to rezone 93 acres of a 102 acre tract located at 4691 NC Hwy 50 in Elevation Township from Agricultural Residential AR and Office and Institutional - Special Use District O & I - SUD to General Business - Special Use District GB - SUD Tax ID 07E07054E Owner Applicant Thomas and Lisa Smith Planning Director Berry Gray stated the petition is to rezone 93 acres of a 102 acre tract located at 4691 NC Hwy 50 in Elevation Township from Agricultural Residential and Office Institutional – Special Use District to General Business – Special Use District Mr Gray reported a therapy office was formerly located on the site but is no longer in existence He noted the special use application associated with the request Mr Gray pointed out the mobile home park located to the right of NC Hwy 50 nearby and stated there are some business uses in the vicinity Mr Gray stated the house shown on the aerial photo has since been removed At the inquiry of the Chairman , Mr Gray reported there was no opposition at the Planning Board meeting ; however , a letter of opposition was submitted to staff from the owner of Lake Lisa Mobile Home Park In the letter , the opposing property owner expressed concerns with drainage , environmental issues , and traffic David Clifford , 5632 Millridge Trail , Raleigh , reported he would be purchasing the property from the applicant , if the rezoning is approved Mr Clifford informed the Board that he currently works on his own vehicles ; however , he has received requests from other people to start a business Applicant Lisa Smith stated she and her family originally lived on the site ; however , their house burned two years ago Ms Smith reported that to her knowledge , none of the area property owners would be upset with the rezoning Mr Gray reported the Planning Board recommended approval of Case 08 - 33 from Agricultural Residential and Office Institutional – Special Use District to General Business – Special Use District There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 33 Decision on Rezoning Case 08 - 33 Case 08 - 33 Petition to rezone 93 acres of a 102 acre tract located at 4691 NC Hwy 50 in Elevation Township from Agricultural Residential AR and Office and Institutional - Special Use District O & I - SUD to General Business - Special Use District GB - SUD Tax ID 07E07054E Owner Applicant Thomas and Lisa SmithPagePage pageNumber9244 February 2 , 2009 – 6 00 pm Continued Commissioner Cookie Pope moved the Board approve rezoning case 08 - 33 , to rezone 93 acres of a 102 acre tract located at 4691 NC Hwy 50 in Elevation Township from Agricultural Residential and Office Institutional – Special Use District to General Business – Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 08 - 33 Case 08 - 33 To allow for the operation of an automotive repair and sales business Owner Applicant Thomas and Lisa Smith Those wishing to speak on Special Use Case 08 - 33 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of an automotive repair and sales business Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 33 on October 30 , 2008 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 December 16 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 33 and made the following recommendations Upon a motion by Mr Schulz seconded by Mr Gathers and carried unanimously the Planning Board recommended approval of the rezoning at its December 16th , 2008 regarding rezoning Case 08 - 33 Upon a motion by Mr Browder including changes to conditions 3 and 9 as previously discussed , seconded by Mr Schulz and carried unanimously the Planning Board recommended preliminary approval of the Special Use at its December 16th , 2008 regarding rezoning Case 08 - 33 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 development is located on a major corridor through Johnston County for access to have automobiles serviced Automotive repair will provide assistance to the public by providing options to better serve the surrounding community Staff Hwy 50 is a major corridor with numerous commercial uses The parcel was previously zoned OI - SUD and used as a therapy office 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 Automotive repair and sales is an allowed use per the land development code Any applicable state , local , and federal regulations will be adhered to by this development Staff This development will comply 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 general business zoning should enhance the market values of the surrounding properties The proposed automotive use benefits the community by offering a local business to have personal automotive vehicles serviced Staff The auto repair and sales shop is proposed to be located on an arterial street with several commercial uses nearby An 8 ’ opaque fence shall be installed around any wrecked vehicles , or vehicles waiting to be repaired , and a Class C buffer shall be installed on the outside of the fence and along all rezoning lines This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties Page0245 February 2 , 2009 – 6 00 pm Continued 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 Hwy 50 should continue to develop as a business corridor so the general business zoning meets this growth As businesses develop , the tax base of the county should be enhanced to benefit the general public The proposed automotive business will be an asset in the 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 Automotive repair and automotive sales Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Storage of wrecked vehicles , or vehicles waiting to be repaired , shall be screened by an opaque fence , or wall , of not less than eight feet in height At no given time will there will more than 8 vehicles stored Applicant shall receive building permit from Johnston County Building Inspections prior to the start of construction of fence 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies including , but not limited to Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 5 Hours of operation shall be Monday through Saturday , 7 am - 9 pm normal business hours will be 8 am through 8 pm 6 Installation of a Class C landscape buffer along all rezoning lines 3 large trees , 6 small trees , and 16 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class C buffer Where there is a fence on the property , the landscape buffer shall be planted on the outside of the fence 7 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 8 Lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 9 Signage must comply with the sign code , ground sign , no larger than 32 sq feet 4 x 8 Mr Gray listed and reviewed each of the special use conditions with the Board Chairman Wade M Stewart asked Mr Clifford if he understood all the special use conditions David Clifford , 5632 Millridge Trail , Raleigh , asked the Board to clarify special condition # 3 to allow no more than eight vehicles to be stored on the outside of the property Mr Clifford explained that while he may have only eight vehicles stored outside , he may have others in the building receiving service Mr Clifford also asked for clarification on the fence requirement and the landscape buffer Mr Gray explained that the entire lot did not need to be fenced , just the area around the open storage Since landscaping is required around the perimeter of the zoning lot which is inclusive of the fenced area , no additional landscaping would be required around the fence itself Mr Gray reported based on the findings of facts with the special use conditions , the Planning Board recommended approval of the special use application for case 08 - 33 There being no further comments , the Chairman closed the Special Use Hearing for Case 08 - 33 Decision on Special Use Case 08 - 33 Case 08 - 33 To allow for the operation of an automotive repair and sales business Owner Applicant Thomas and Lisa Smith Based on the following findings of facts and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owner Applicant Thomas and Lisa Smith to allow for the operation of an automotive repair and sales business on 93 acres of a 102 acre tract located at 4691 NC Hwy 50 in Elevation Township Commissioner Cookie Pope seconded the motion Further Discussion and Amendment to Motion Commissioner Allen L Mims , Jr questioned condition # 3 and stated perhaps it should read “ at no given time will there be more than 8 vehicles stored outside ” Commissioner W Ray Woodall amended his motion to revise the condition # 3 regarding the storage of vehicles Commissioner Cookie Pope seconded the amended motion , which carried by unanimous vote Findings of Fact for the Special Use Permit Page1246 February 2 , 2009 – 6 00 pm Continued 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 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Storage of wrecked vehicles , or vehicles waiting to be repaired , shall be screened by an opaque fence , or wall , of not less than eight feet in height At no given time will there be more than 8 vehicles stored outside Applicant shall receive building permit from Johnston County Building Inspections prior to the start of construction of fence 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies including , but not limited to Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 5 Hours of operation shall be Monday through Saturday , 7 am - 9 pm normal business hours will be 8 am through 8 pm 6 Installation of a Class C landscape buffer along all rezoning lines 3 large trees , 6 small trees , and 16 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class C buffer Where there is a fence on the property , the landscape buffer shall be planted on the outside of the fence 7 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 8 Lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 9 Signage must comply with the sign code , ground sign , no larger than 32 sq feet 4 x 8 3 Manager Reports and Comments A Public Utilities – Bids for Landfill Compactor Rejected County Manager Rick Hester noted that the Board did not authorize the Public Utilities Department to purchase a landfill compactor at the 10 00 am meeting Mr Hester stated that if the Board does not plan to award a purchase contract for the equipment in the near future , then staff recommends the bids be rejected so certified checks bid bonds from the respective bidders could be returned Commissioner Cookie Pope moved the Board reject the landfill compactor bids from the 10 00 am meeting , seconded by Commissioner W Ray Woodall , and carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , Cookie Pope , and W Ray Woodall Nays Commissioner Tony Braswell 4 Board Reports and Comments A Discussion Concerning Recent Board Retreat – Work Session Scheduled for March 2 , 2009 following the 10 00 am Board meeting The Board briefly discussed the recent retreat and the issues that were brought up during the sessions It was noted that additional time and meetings will be needed to discuss some of the matters from the retreat Following discussion , it was the unanimous consensus of the Board to schedule a work session on March 2 , 2009 following the 10 00 am Board meeting , to discuss capital improvement planning for the courthouse and jail facilities The Board also instructed the County Manager to bring a proposal regarding street assessments back to the Board as an agenda item at the March 2 , 2009 10 00 am meeting B Citizen Concern Regarding Request from NC Stop Torture Now Organization Sonny Johnson , 341 Sonny Road , addressed the Board regarding the request by the NC Stop Torture Now organization during the Public Comment section Mr Johnson asked the Board to deny the request by the group There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 30 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage