June 1, 2009 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 406 Meeting of the Johnston County Board of Commissioners June 1 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 1 , 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 , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A NC Stop Torture Now Commissioner Tony Braswell stated that he objected to representatives of NC Stop Torture Now readdressing the Board Commissioner Braswell stated the group had appeared before the Board three times and the Commissioners have already been advised by the County Attorney that the Board has no legal authority to act on their requests Chairman Wade M Stewart stated that he did not disagree with Commissioner Braswell’s feelings ; however , unless the Board decides to establish a policy regulating the Public Comment section , the meeting is open for all public comment Chuck Fager , 223 Hillside Avenue , Fayetteville , NC , stated that the Board of Commissioners ’ position that they can do nothing with the request from NC Stop Torture Now regarding torture and accountability is not universally shared Mr Fager stated there has been some “ back - peddling ” on the part of the new administration with regards to matters relating to torture and accountability Mr Fager noted that a US Senate Hearing has taken place and several reports have surfaced regarding the growing numbers of inmates being held at Guantanamo and other US facilities that have been marked by torture Mr Fager stated reports are available that indicate the strong possibilities that organized abuse is still occurring at Guantanamo Mr Fager stated this affects Johnston County in that Aero Contractors , which occupies hanger space at the Johnston County Airport , is alleged to be involved in such activities which violate the law Mr Fager provided the Board with a legal research memo that includes a list of State , Federal , and International laws that NC Stop Torture Now believes Aero Contractors has violated and therefore deserves being investigated Mr Fager reiterated NC Stop Torture Now’s request for the Commissioners to call for an investigation into the activities of Aero Contractors Chairman Stewart noted that this is the fourth appearance by Mr Fager , representing NC Stop Torture Now , before this Board and although as Chairman he has no objections with future return visits , it is clear that the Board of Commissioners considers Aero Contractors a good corporate neighbor in Johnston County who provides approximately 138 well - paying jobs Chairman Stewart stated that the Board of Commissioners under no circumstances , now or in the future , will be taking any action or asking any other agency to take any kind of action such as has been requested by NC Stop Torture Now Mr Fager stated that the matters have not been resolved and , if anything , are continuing with Aero Contractors still located in Johnston County and expanding their activities Chairman Stewart stated that when representatives from NC Stop Torture Now first came before the Board of Commissioners , it was stated at that time that while the Board respected NC Stop Torture Now’s position , the Board’s opinion of the matter differed Chairman Stewart reiterated that the Board of Commissioners will not be taking any action on the requests by NC Stop Torture Now Commissioner Braswell reminded everyone that the Board chose not to take any action on the request in March Commissioner Braswell also noted that in the County Attorney’s opinion , the Board has no legal authority to take any action He stated NC Stop Torture Now may go to Washington DC with their concerns but , locally he could not see Johnston County as a part of the issue Page407 June 1 , 2009 – 6 00 pm Continued Mr Fager indicated he is unable to see what the future will be ; therefore , he is hesitant to accept predictions regarding what the Board of Commissioners may do in the future Chairman Stewart spoke on the current unrest in Pakistan , Iran , and North Korea and stated he often thinks of the estimated 38,000 soldiers that could be harmed by military conflicts within these areas He noted that it is possible in six months or less , if a military outbreak occurs , Aero Contractors may be transporting criminals from one of those three areas to a facility such as Guantanamo ; therefore , he feels that Aero Contractors provides the United States Government a valuable tool as a transport organization Chairman Stewart stated as the Board mentioned a few meetings ago , the new administration appeared to be more empathetic to the matter ; however , it appears that the new administration is realizing there are dangerous individuals in the world and is now taking a second look Mr Fager stated he worries about some of the same issues as Chairman Stewart ; however , he believes if those issues could be addressed without the use of torture , he would feel better Allyson Caison , 312 North Massey Street , Selma , provided the Board with an article titled How to Make Terrorists Talk Ms Caison stated the article talks of how cookies are more effective than torture practices Ms Caison stated if cookies can soften a hardened al - Qaeda operative , then perhaps her gift of cookies to the Commissioners could open the Board’s mind to call for an investigation into the activities of Aero Contractors 2 Public Hearing Land Development Code Amendment § 14 - 6 Definitions Advertised – In The Smithfield Herald – May 20 and May 27 , 2009 The Chairman opened the public hearing Planning Director Berry Gray explained that the Planning Board is recommending an amendment to the Land Development Code as it relates to a definition for shopping centers Mr Gray reported that currently shopping centers are regulated as a special use ; however , there is no definition of a shopping center He outlined the following proposed definition Shopping Center An integrated group of commercial establishments that is planned , developed , owned and managed as a unit and provides on - site parking facilities sufficient to serve its own parking demands For the purpose of this code , a shopping center shall contain at least two 2 commercial establishments within a minimum of 30,000 square feet of gross floor area Mr Gray stated this is a standard industry definition recognized by the International Council of Shopping Centers and that staff did contact other jurisdictions and the proposed definition is comparable to other areas Commissioner Allen L Mims , Jr questioned the language in the proposed definition which states “ owned and managed as a unit ” Commissioner Mims stated that while the entire center may be managed by one group , the individual buildings could be sold to separate entities Mr Gray stated usually in most cases , most centers are owned and managed by the same entity ; however , he acknowledged there may be some rare occasions of divisions in ownership within the structures Mr Gray explained that normally when a plan is submitted to the Planning staff , it is submitted as being planned , developed , owned , and managed by one developer Mr Gray stated once the development is constructed , at that time , it could be split up and sold to separate entities He noted the purpose behind the definition is to be able to classify a development as a shopping center at the time of plan submittal Upon a question from Commissioner Cookie Pope , Mr Gray stated the minimum 30,000 square feet of gross floor area would include the combined square footage of the entire center Mr Gray stated staff is proposing a minimum of 30,000 square feet , because some of the smaller strip centers that may only have a few smaller stores without an anchor tenant should not fall into the category of a shopping center in the General Business – Special Use District Mr Gray explained that currently in the Land Development Code , all shopping centers are required to be special use and the proposed definition would help to clarify what is considered a shopping center There being no further comments , the Chairman closed the public hearing Page408 June 1 , 2009 – 6 00 pm Continued Chairman Wade M Stewart stated that the Board would hear all three public hearings on the Land Development Code amendments before taking action 3 Public Hearing Land Development Code Amendment § 14 - 75 Agricultural - Residential District AR – b Permitted Uses Advertised – In The Smithfield Herald – May 20 and May 27 , 2009 The Chairman opened the public hearing Planning Director Berry Gray reported at the present , the Land Development Code allows duplexes as a permitted use ; however , there is no language related to the splitting of a duplex with a lot line which creates a two unit townhome Mr Gray outlined an amendment for the Board which would continue to allow duplexes as a permitted use but would identify standards for those in which zero lot lines are established down the middle Mr Gray stated there is currently a situation in the County where an owner is requesting to split a duplex into a townhome ; therefore , staff developed the proposed amendment , as follows Section 14 - 75 Agricultural - residential district AR b Permitted uses The following uses are permitted as a principal use 1 Single - family , two - family dwellings duplex or individual modular homes that utilize a An individual well and septic tank at a density of one dwelling per acre based on the gross land area of a development ; or b A public water supply system at a density of 15 dwellings per acre based on the gross land area of a development A duplex dwelling is counted as one unit in density calculations 12 Two Family Dwellings Duplex a A duplex dwelling is counted as one unit in density calculations and is permitted based on the density allowance in Section 14 - 75 b 1 b A zero lot line can be placed through a duplex splitting the living spaces onto two separate lots as long as the opposing lot line is twice the setback required in Section 14 - 75 d c Such lots created must meet all lot design standards , subdivision requirements , and subdivision review procedures as set forth in this code Additionally , each lot created must be able to support its own separate septic system d Once a lot line is placed through a duplex unit , the duplex is then considered two units townhome based on building code Prior to the establishment of the zero lot line , the duplex must be upgraded to meet building code and fire code for townhomes e A plat must be submitted to the Planning Board for review and approval in accordance with Article III of this Code Such plat must include a site plan showing the duplex location , septic system , driveways , and setbacks Mr Gray stated that the Planning Board would need to review the plat in that it would be viewed as a subdivision Commissioner Tony Braswell noted that the building code for a duplex is different and if an owner wanted to split the unit into a townhome , it would be costly to upgrade the structure to meet the building code requirements for a townhome Mr Gray agreed that it would be costly , especially to install a firewall Commissioner Allen L Mims , Jr questioned the requirement for a separate septic system Mr Gray confirmed that a separate septic system would be required for each townhome unit He noted typically , duplexes also have separate septic systems , although there may be some instances of a combined system Mr Gray stated the proposed amendment would ensure that when the units are split and the lot lines are drawn , each individual owner would not be purchasing part of the other septic system Commissioner Mims stated that in speaking with builders about such situations , he sees the potential for the property owners of the individual units in conflict with each other over repairs or other improvements to the structure He asked if staff had considered some type of Homeowners Association or a type of maintenance agreement requirement with the units to avoid property owner conflicts Mr Gray stated a request to convert the duplex into a townhome would need to come before the Planning Board for approval and the Planning Board at that time could require maintenance agreements or a Homeowners Association as one of the conditions of approval Page409 June 1 , 2009 – 6 00 pm Continued Commissioner Mims stated he would like to see some type of maintenance agreement requirement in the amendment in order to avoid property owner conflicts later on Mr Gray stated staff would have no issues with adding language to the proposed amendment requiring a maintenance agreement Commissioner DeVan Barbour noted that if the duplex is split and converted to a townhouse , then the structure should fall under townhouse regulations , which should have a Homeowners Association Mr Gray stated the difference in this instance would be that the original structure began as a duplex and the townhouse is being created after the fact ; therefore , there may be some situations where no Homeowners Association is in place Commissioner Mims pointed out that duplexes are only allowed out in the County and multi - family townhomes must be located in one of the overlay zoning districts Mr Gray confirmed that any more than two townhomes must be included in an overlay zoning district ; while duplexes are allowed out in the County At the inquiry of Chairman Wade M Stewart , Mr Gray stated the proposed amendment is reactive to a request staff received to convert a duplex into a townhouse unit He stated over the past five years , approximately 20 duplex units have been approved with only one request to convert to a townhouse environment Commissioner Mims reiterated the need to require a maintenance agreement statement in the proposed amendment Commissioner Barbour suggested that the amendment needed further review Dean Barbour , Director of Building Inspections , stated that the Department of Insurance may have an opinion on the proposed amendment and he suggested getting their comments regarding fire wall requirements Mr Gray noted that staff had included language in the amendment stating that prior to the establishment of the zero lot line ; the duplex unit must be upgraded to meet building codes and fire codes for townhomes There being no further comments , the Chairman closed the public hearing Chairman Wade M Stewart instructed Planning Director Berry Gray and Director of Building Inspections Dean Barbour to further research the matter and report back to the Board at a later date on the proposed amendment 4 Public Hearing Land Development Code Amendment § 14 - 131 et seq Subdivisions Advertised – In The Smithfield Herald – May 20 and May 27 , 2009 The Chairman opened the public hearing Planning Director Berry Gray reviewed with the Board a number of revisions that are proposed for the Johnston County Code of Ordinances , Subdivision Ordinance He noted that most of the changes are grammatical or clerical with no new regulations ; however , a few policy additions related to minor subdivisions already being enforced by staff and the Planning Board are included Further , there is a reference to a new category of subdivisions with 3 to 20 lots classified as a middle category Mr Gray stated staff has decided to adjust the internal submittal policy for the middle category of subdivisions to allow for an expedited review process He also noted that one of the amendments would change the expiration from two years to three years for subdivisions approvals He stated this would give the developer an extra year , without having to make a request in writing Mr Gray stated one other amendment would require subdivisions that are adjacent to school sites , to install sidewalks connecting to the school Mr Gray reported the Planning Board has recommended approval of the revisions Commissioner Allen L Mims , Jr stated he agreed with the amendment to include a middle category of subdivisions for 3 – 20 lots ; however , he asked if staff would be able to handle the work load , when the economy begins to pick up and more requests may come in PagePage pageNumber5410 June 1 , 2009 – 6 00 pm Continued Mr Gray confirmed that staff would still be able to handle the workload in a timely manner He noted that the amendment should help the process because the small and middle categories would not require some of the same review agencies as the larger subdivision requests Chairman Wade M Stewart asked what type of reception staff has received regarding the proposed amendments Mr Gray stated staff has had very little comments , none of which were negative He noted that staff did present the amendments to the local surveyor’s association for their review and they were in favor of the amendments At the inquiry of Commissioner Cookie Pope , Mr Gray stated if the subdivision site is adjacent to a school property , then staff makes a recommendation to the Planning Board to add a connecting sidewalk and the Planning Board will make the final decision , based on the distance of the site to the school Mr Gray noted staff does involve a representative from the Board of Education on such decisions Sonny Johnson , 341 Sonny Road , Clayton , asked if the expiration of the subdivision approval was from the time it was approved by the Planning Board until the time the subdivision is recorded Mr Gray confirmed this was correct Mr Johnson noted he has a subdivision Adams Pointe that has received approval by the Planning Board for 600 lots although only 170 lots have been recorded to date He noted that he has spent approximately 2 million on wastewater infrastructure for the entire 600 lot subdivision as well as installed stormwater improvements , curb and gutter , and electrical infrastructure in some areas Mr Johnson stated they have installed infrastructure for lots that have not been recorded as of yet , due to tax reasons Mr Johnson expressed concern over the possibility of the subdivision approval expiring when a developer has gone to the expense of installing infrastructure for lots that have not been recorded Chairman Stewart asked Mr Johnson if he felt the concern was shared by other developers across the County Mr Johnson stated he was aware of some developers that are concerned Mr Johnson noted he has several subdivisions that have water , wastewater , and or road infrastructure installed but the lots have not been recorded Chairman Stewart commented that now is not the time for the Board to do anything that may hurt the development community He asked if any other Board members had any suggestions on how to resolve the concern by Mr Johnson Commissioner Mims stated that most of the time , unless a regulation change is mandated , the County reviews projects already in the works and such developments can be considered as grandfathered in He noted the amendment would give an automatic extra year and would also allow an additional extension of three more years to be granted by the Planning Board Mr Johnson expressed concerns over long range security and on what could possibly happen in the future County Attorney Mark Payne advised that Mr Johnson would have vested rights at the time he is given approval by the County and he would be entitled to the regulations that are in place at the time of approval Mr Gray clarified that the three year expiration would only apply if a developer has not recorded their first phase He pointed out that in Mr Johnson’s case of the Adams Pointe Subdivision , the first phase has been recorded ; therefore , the remaining phases can be recorded indefinitely with no expiration He reminded everyone that an additional three year extension could be granted by the Planning Board without having to submit a new application under the proposed amendment There being no further comments , the Chairman closed the public hearing Commissioner DeVan Barbour moved the Board approve the following amendments to the Johnston County Code of Ordinances , Land Development Code Section 14 - 6 Definitions and Section 14 - 131 et seq PagePage pageNumber6411 June 1 , 2009 – 6 00 pm Continued Subdivisions as presented Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Section 14 - 6 Definitions Add Shopping Center An integrated group of commercial establishments that is planned , developed , owned and managed as a unit and provides on - site parking facilities sufficient to serve its own parking demands For the purpose of this code , a shopping center shall contain at least two 2 commercial establishments within a minimum of 30,000 square feet of gross floor area ARTICLE III SUBDIVISIONS DIVISION 1 GENERALLY Sec 14 - 131 Intent It is the intent of this Article to provide an orderly process for division of land into lots or parcels for the purpose of sale and or building development by property owners It is also this Articles intent to ensure that the subdivided lots or parcels can be used safely to build on without danger to the health , safety , and general welfare of both the prospective or future owners in the County’s community , and that subdivisions are provided with and provide for adequate and efficient access and coordination of streets , water and or sewage , parks , schools , playgrounds and other public requirements and facilities where appropriate Sec 14 - 132 Authority and jurisdiction a The regulations of this Article are adopted under the authority of GS 153A - 320 - - 153A - 378 which authorizes the County to regulate the subdivision of land b The regulations of this Article shall govern each and every subdivision of land within the County , except those lands lying within the extraterritorial planning jurisdiction of any municipality , unless such municipality formally requests that the county enforce these regulations within that municipalities municipal jurisdiction Any municipal governing body may , upon one years written notice , withdraw its approval of the county subdivision regulations , and those regulations shall have no further effect within the municipalities municipal jurisdiction Sec 14 - 133 Applicability No land shall be subdivided , platted , or recorded , nor shall subdivided lots or parcels be sold , offered for sale , used , or occupied unless and until a final plat of the subdivision has been approved under this Article and has been recorded by the County Register of Deeds The subdivision of land by use of metes and bounds descriptions in instruments of transfer is prohibited No lot or parcel resulting from a division of land excluded from the definition of subdivision in Section 14 - 134 shall be sold , offered for sale , used , or occupied until the Planning Director certifies that such division of land falls within one of the exclusions listed in the definition of a subdivision No plat of any division of land within the Countys Planning Jurisdiction shall be filed or recorded by the County Register of Deeds unless it contains the Planning Directors certification that the division of land has been approved under , or is not subject to , this Article Sec 14 - 134 Definitions The following words , terms and phrases , when used in this Article , shall have the meanings ascribed to them in this Section , except where the context clearly indicates a different meaning Construction Plat means a plan with supporting data for a proposed subdivision , developed for the purpose of establishing the layout and provision of roads and utilities Flag Lot means an irregularly shaped lot where the buildable portion of the lot is connected to its street frontage by an arm , or flagpole , of the lot , that does not meet the minimum lot width standards for the zoning district in which the lot is located Flood Hazard Boundary Map means the official map of a community , on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk management zones applicable to the County Official Plans Means any plans officially adopted by the Board of Commissioners as a guide for the development of the County consisting of maps , charts , and texts Open Space and Common Open Space and Recreation Area mean any space or area characterized by great natural scenic beauty or whose openness , natural condition , or present state of use , if retained , would enhance the present or potential value of abutting or surrounding development , or would maintain or enhance the conservation of natural or scenic resources ; or any undeveloped or predominately undeveloped land that has value for one or more of the following purposes 1 Park and recreational uses ; 2 Conservation of land and other natural resources ; or 3 Historic or scenic purposes Passive open space or recreation areas include scenic resources , any undeveloped or predominately undeveloped land used for informal walking trails , picnic areas or similar uses Active recreation areas include playfields , tot lots , tennis courts , swimming pools and similar active play uses The following land uses or land areas cannot be used to meet open space requirements of this Chapter 1 Roads , road rights - of - way , driveways , or parking areas 2 Open areas within individual subdivision lots 3 Small , narrow strips of land , or other unusual land configurations that are not consistent with the objectives of this Chapter Public Sewer System means any sewer system whether operated publicly or privately unless the sewer source is located on a lot and serves only that lot in accordance with GS 130A - 311 - 343 130 - 166 - 64 and NCAC 10D , sec 0702 PagePage pageNumber7412 June 1 , 2009 – 6 00 pm Continued Public Water System means any water system whether operated publicly or privately unless that water source is located on a lot and serves only that lot in accordance with GS 130A - 311 - 343 130 - 166 - 64 and NCAC 10D , sec 0702 Recreation space or area means the part of a development which is appropriately improved for the common recreational use of residents of multifamily developments and planned developments Subdivider means any person who subdivides or develops any land deemed to be a subdivision as defined in this Section Subdivision means any division of a tract or parcel of land into two or more lots , building sites , or other divisions for the purpose of sale or building development , whether immediate or future It includes any division of land involving the dedication of a new street or change in existing streets The following divisions of land are not included in this definition and are not subject to this Article 1 The combination or recombination of portions of previously subdivided and recorded lots , where the total number of lots is not increased and the resultant lots are equal to or exceed the standards set forth in this Article , and the minimum gross lot size , minimum lot width and minimum street frontage standards of this Chapter ; 2 The division of land into parcels greater than ten acres in area , where no public street right - of - way dedication or opening of streets is involved ; 3 The public acquisition , by purchase , of strips of land for the purpose of widening or opening of streets ; or 4 The division of a tract in single ownership whose entire land area is no greater than two acres into more than three lots , where no street right - of - way dedication is involved and where the resultant lots are equal to or exceed the standards set forth in this Article , and the minimum gross lot size , minimum lot width and minimum street frontage widths standards of and this Chapter In subsection 1 of this definition , the phrase previously subdivided and recorded means under a recorded plat or other instrument of transfer containing a metes and bounds description if lots were created prior to the existence of applicable subdivision regulations , or under a validly approved and recorded plat if such lots were created after the existence of applicable subdivision regulations In subsections 2 and 4 of this definition , the phrase where no street right - of - way dedication is involved means that adequate access to such lot is provided by an approved existing street public or private Subdivision , Commercial , means the subdivision of an existing development on a zoning lot or recorded parcel that consists of commercial and or office uses Such a subdivision would create two or more individual lots plus land developed and designated for the common use and benefit of the occupants owners of the individual commercial subdivision lots provided 1 That an entity is designated to be legally responsible for maintenance and control of the common land areas ; 2 That the property has an approved site plan , valid for the development , prior to application for commercial subdivision ; 3 That all parking areas , drive aisles , and open space if applicable , shall be the common land area ; and 4 The individual lots within a commercial subdivision shall not be required to meet the lot design standards of this Chapter , providing the zoning lot containing the commercial subdivision meets such standards Minor and major subdivisions are subject to separate approval procedures Subdivision , Major , means any subdivision creating 3 or more lots other than a minor subdivision The major subdivision approval process is a two step procedure involving planning board approval of a preliminary plat and administrative approval of a final plat There are two types of major subdivisions 1 Category 1 The creation of 3 - 20 lots This is a two step procedure involving Planning Board preliminary plat approval and administrative final plat approval 2 Category 2 The creation of 21 lots or more This is a two step procedure involving Planning Board preliminary plat approval and administrative final plat approval Subdivision , Minor , means a subdivision , of a parent parcel , creating two lots or less since September 1 , 2000 , fronting on an existing public road in which 1 Does not involve any new dedication of public right - of - way to give access to interior lots or parcels ; 2 Does not involve the extension of public water or sanitary sewage lines ; 3 Will not adversely effect affect the development of the remainder of the parcel or of adjoining property ; and 4 Will not create any new or residual parcels which do not satisfy the requirements of this Article or other applicable local and state controls Secs 14 - 135 - - 14 - 150 Reserved DIVISION 2 PROCEDURES FOR APPROVAL OF MINOR OR COMMERCIAL SUBDIVISIONS Sec 14 - 151 Application submittal requirements Applications for minor or commercial subdivision approval , along with any required fees , shall be filed with the Planning Director Department The Planning Board shall prescribe the form of applications as well as any other material that may reasonably be required to determine compliance with this Division Minor or commercial subdivision plats shall comply with the mapping requirements of Section 14 - 230 and 14 - 231 The Planning Director shall not accept an application unless it complies with such requirements An incomplete application shall be returned to the applicant , with a notation of its deficiencies Sec 14 - 152 Planning Director’s action When an application for minor or commercial subdivision approval is accepted , the Planning Director shall determine if the plat and application conform with all applicable regulations He shall take action on an application based solely on the findings as to compliance with applicable regulations and conditions He shall approve ; approve subject to conditions ; deny ; or refer to the major subdivision approval process , if he finds it to be a major subdivision proposal or if requested by the applicant If the Planning Director refers the request to a major subdivision review , an amended application shall be submitted as required in Division 3A of this Article The Planning Director may impose reasonable conditions on his approval to ensure the subdivision complies with the intent and requirements of this Division Sec 14 - 153 Actions subsequent to decision PagePage pageNumber8413 June 1 , 2009 – 6 00 pm Continued The Planning Director shall notify the applicant of his decision on the applicants application for a minor or commercial subdivision approval and shall file a copy of the decision in the office of the Planning Department The Planning Director shall endorse his approval on a reproducible mylar original of the final plat if he approves an application , or approves it with conditions The applicant shall record such plat with in the office of the County Register of Deeds Approval of any minor or commercial subdivision plat is void if it is not properly recorded within 60 days after the Planning Directors endorsement of approval The Planning Director may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline , but for reasons beyond his control , fails to meet the requirements of the Register of Deeds for recordation within that period Plats shall conform to the drawing specifications and certification requirements of Sections 14 - 230 and 14 - 231 Sec 14 - 154 Appeal of decision The Planning Directors decision on a minor or commercial subdivision application may be appealed to the Board of Adjustment under Article XI of this Chapter Sec 14 - 155 Standards for design of non - commercial lots in a Minor Subdivision Lots created pursuit to these provisions shall meet the following minimum design standards a Minimum land area need to subdivide a lot is 133 acres based on a 15 unit per acre density for lots served by public water , or 2 acres based on 1 unit per acre density for lots served by a well b Lots shall front on an existing public right - of - way , have access to an existing access easement , or have an easement created to serve the lots c Lots or residual lots shall not be created as “ non - buildable ” Each lot or residual lot must be reviewed and approved as buildable which must contain a system for waste water disposal , contain sufficient area for all structures to meet building setbacks Non - buildable lot Exception Lots in which no buildable area exists due to scale and extent of hydrological features such as ponds , wetlands , floodway zones , or riparian buffers Secs 14 - 156 - - 14 - 170 Reserved DIVISION 3 PROCEDURES FOR APPROVAL OF A MAJOR SUBDIVISION Sec 14 - 171 Preliminary plat approval All major subdivisions must have a preliminary plat approval from the county Planning Board prior to any final plats being recorded with the County Register of Deeds Sec 14 - 172 Preliminary conference Applicants proposing major subdivisions are encouraged to first consult with the Planning Department to ensure that the applicant understands the requirements of this Division Sec 14 - 173 Application submittal requirements Applications for major subdivision preliminary plat approval shall be filed with the Planning Department The Planning Board shall prescribe the form of applications , as well as any other material he it may reasonably require to determine compliance with this Division The Planning Director shall not accept an application unless it complies with such requirements , including written confirmation that the applicant is the owner or agent having a valid ownership interest , or a valid enforceable contract or option for an ownership interest in the property involved An incomplete application shall be returned to the applicant , with a notation of its deficiencies Sec 14 - 174 Traffic Impact Analysis TIA submittal requirement Traffic Impact Analysis required in accordance with Johnston County Land Development Code Section 14 - 366 ; the countys traffic consultant fee must be paid in full at the time the major subdivision application is submitted , otherwise the application will be considered incomplete Sec 14 - 175 Planning Directors report The Planning Director shall forward to the Planning Board an analysis of an application for major subdivision preliminary plat approval and his recommendation Sec 14 - 176 Planning Board review and action a After receiving the Planning Directors report on an application for major subdivision preliminary plat approval , the Planning Board shall consider the application at its next available regularly scheduled meeting All interested parties shall be given the opportunity to speak and ask questions The Planning Board may place reasonable and fair limitations on comments , arguments , and questions to avoid undue delay The applicant shall bear the burden of establishing that he is entitled to approval of the application b The Planning Board shall act on an application for major subdivision preliminary plat approval after reviewing the application , the Planning Directors report and public comment on the application It shall base its action on its findings as to conformity with all applicable regulations of this Article Its action shall be one of the following approval , approval subject to conditions , tabled to referral to the applicant to address deficiencies identified by the Planning Board , or denial The Planning Board may impose reasonable conditions on its approval to ensure compliance with applicable regulations c The Planning Director shall notify the applicant for major subdivision preliminary plat approval in writing of the Planning Boards decision and shall file a copy of the decision with the Countys Planning Department Sec 14 - 177 Expiration of preliminary plat approval Preliminary plat approval , or reapproval , for a major subdivision shall be effective for two three years from the date of approval with no extension allowed by the Planning Director or his her representative An extension may be requested of the Planning Board for an additional three year period If a final plat for all or a portion of the subdivision has not been recorded within two three years of the preliminary plat approval , the applicant must submit a new application The Planning Board may reapprove the application unless they determine that paramount considerations of health , the general welfare , or public safety exist Sec 14 - 178 Appeal of decision PagePage pageNumber9414 June 1 , 2009 – 6 00 pm Continued The Planning Boards decision on an application for a preliminary plat approval for a major subdivision may be appealed to the Board of Adjustment under Article XI of this Chapter Secs 14 - 179 - - 14 - 200 Reserved DIVISION 4 FINAL PLAT APPROVAL Sec 14 - 201 Application requirements Applications for final plat approval of subdivisions shall be filed with the Planning Director The Planning Board shall prescribe the form of application , as well as any other material he it may reasonably require to determine compliance with this Division Final plats shall comply with the mapping requirements of Section 14 - 230 and the certification and endorsement requirements of Section 14 - 231 For major subdivisions , a preliminary plat for the lots shown on the proposed final plat must have been approved and not expired before a final plat approval application may be accepted As part of the application for final plat approval , the applicant shall certify one of the following a 1 That all required improvements streets , utilities , storm drainage facilities , street signs , and facilities for common use , if any approved as part of the preliminary plat approval and serving lots shown on the final plat have been completed ; b 2 That a performance guarantee and description thereof , including sufficient means and procedures , to ensure satisfactory completion of any uncompleted improvements have been posted ; or c 3 That the subdivision shown on the final plat is subject to US Department of Housing and Urban Development regulations that ensure satisfactory completion of any uncompleted improvements Sec 14 - 202 Planning directors action When the Planning Director accepts an application for final plat approval of a subdivision , the Planning Director shall determine if the final plat conforms to all applicable regulations and to an approved valid preliminary plat if a major subdivision He shall approve or deny the application Sec 14 - 203 Actions subsequent to decision If an application for final plat approval of a subdivision is approved , the Planning Director shall endorse his approval on a reproducible mylar original of the final plat The applicant shall record the final plat in the office of the County Register of Deeds Approval of any final plat is void if it is not properly recorded within 60 calendar days after the Planning Directors endorsement of the approval The Planning Director may extend this deadline provided the applicant has demonstrated a good faith effort to comply with the deadline , but for reasons beyond his control , fails to meet the requirements of the Register of Deeds for recordation within that period Such plat shall conform to the drawing specifications , certifications and endorsement requirements of Section 14 - 230 and Section 14 - 231 Sec 14 - 204 Appeal of decision The Planning Directors decision on a final plat approval application may be appealed to the Board of Adjustment under Article XI of this Chapter Secs 14 - 205 - - 14 - 220 Reserved DIVISION 5 DESIGN OF SUBDIVISIONS Sec 14 - 221 Intent Subdivisions should be designed with a street network which provides safe , adequate access to all lots within the subdivision Extension of a public access to an adjoining property should be considered in the subdivision design where a compelling public need is deemed necessary for orderly development of these adjoining properties However , the design of the local street network in a subdivision should not encourage large amounts of through traffic , the origins and destination of which are external to the subdivision , to use local roads in the subdivision Due consideration should be given to preserving important natural features , such as trees , ponds , streams , lakes , as well as historical sites which are of value to the county as a whole Sec 14 - 222 Applicability of lot design standards Each lot in a subdivision shall comply with the lot design standards contained in this Division Newly created or revised lots shall be designed so that any existing structures continue to meet the requirements of this Division or so that any existing nonconformity is not increased , enlarged , or extended The standards of this Section , however , do not apply to recreation areas , lots within approved planned unit developments , and townhouse lots or lots created as part of a minor subdivision Sec 14 - 223 Lot size standards Lots laid out for commercial or industrial purposes shall be of a size that is adequate to provide for the structure to be located on the site ; off - street parking facilities required by the type and use of the development ; and any required landscape buffer or screening areas Lots for residential use shall comply with the provisions of this Division Sec 14 - 224 Lot arrangement The arrangement of lots in a subdivision shall comply with the provisions of this Division and the regulations of the County Health Department , and shall provide vehicular access to buildings on the lot from an approved street Sec 14 - 225 Flag lots a Flag lots and easement access lots shall be permitted only if it can be demonstrated by the applicant that the subdivision cannot be physically designed , that no reasonable alternative exists , or it would create an unreasonable hardship without a corresponding public benefit to prohibit flagpole lots Hardships shall include the following 1 Topographic constraints or irregularly shaped land in which no alternative exists ; 2 Natural features such as ponds , streams , wetlands , or buffers exist which would limit street construction and or lot design ; 3 A long narrow parent parcel which would limit alternative designs ; 4 A parent parcel that has limited or no direct road frontage which would require the use of a flagpole or easement with no alternative design available ;Page0415 June 1 , 2009 – 6 00 pm Continued 5 No alternative access is available or feasible such as a paved subdivision street or cul - de - sac street constructed to NCDOT standards b It is the responsibility of the applicant to present evidence to the Planning Board that one or more of the hardships in listed in subsection a exist c Any decision of the waiver described in subsection a may be appealed to the Johnston County Board of Adjustment as described in Section 14 - 592 of the Land Development Code d All flag lots or easement access lots within a major subdivision shall meet the following requirements 1 A flag lot shall serve only one single - family dwelling and its uninhabited accessory structures ; 2 The minimum flagpole width shall be 30 feet ; 3 The minimum separation between the flagpole portion of the lot and that of another flag lot shall be 100 feet ; 4 Where public water is available , the occupied building on the flag lot shall be within 500 feet of a fire hydrant This distance shall be measured along the street , then along the flagpole , then in a straight line to the building thereon ; 5 Where public sewer is available , the occupied building on the lot shall have a gravity service line , or the sewer pump requirements shall be noted on the recorded plat ; 6 Use of a single driveway to serve the flag lot and an adjoining lot is permitted and encouraged In the case of a shared driveway , the location of the driveway shall be on the flagpole portion of the flag lot , with the conventional lot granted an access easement over the flagpole ; and 7 Designate the building footprint and orientation of the house on the preliminary plat e The flagpole portion of a lot shall not be used to calculate the area , width , or setbacks of the lot for the zoning district in which the lot is located Sec 14 - 226 Access and circulation The type and arrangement of streets within a development under this Article shall be in compliance with and coordinate with to the Countys Thoroughfare Plan Principal vehicular access points to the subdivision shall be designed to encourage smooth traffic flow and minimize hazard to vehicular traffic , pedestrian and bicycle traffic Accommodation for controlled turning movements into and out of the subdivision and improvement of the approach street should be considered where existing or anticipated heavy traffic flows indicate need Safe and convenient vehicular access shall be provided for emergency , service and school bus vehicles Subdivisions located on an arterial or collector road shall be so designed so that no new subdivided lot shall have a direct driveway connection onto an arterial or collector road , unless it can be demonstrated that the proposed subdivision cannot be feasibly designed , or that no reasonable alternative exists , to prohibit driveway access onto an arterial or collector street a 1 Roads The arrangement , character , extent , width , grade , and location of all roads should be designed in relation to existing and proposed transportation patterns , topographical and other natural features , public convenience and safety , and proposed uses of lands to be served by such roads and existing and potential land uses in adjoining areas Private roads not within a minor subdivision or planned unit development shall Private roads not within a minor subdivision or planned unit development shall 1 a Be limited to a nonthrough road ; 2 b Be paved ; 3 c Meet the road construction standards for a private road as set out in the County Design Manual ; and 4 d Be ensured proper maintenance through the establishment of a Homeowners Association or a road maintenance agreement All public and private roads shall meet the design and construction standards as specified in the County Design Manual b 2 Relationship to Adjoining Properties New streets or roads shall be appropriately related to , and coordinated with , adjoining properties , and existing and proposed roadways Roadways within a proposed subdivision may connect with adjoining properties where necessary to permit the convenient , efficient and safe movement of traffic All roads that extend to adjacent properties shall be designated as public roads c 3 Access to Streets Every subdivided lot shall front on , or have direct driveway access or dedicated easement to , a public or private street meeting the standards of the County Design Manual d 4 Direct Residential Driveway Connections Subdivisions located on an arterial or collector road shall be so designed so that no new subdivided lot shall have a direct driveway connection onto an arterial or collector road , unless it can be demonstrated that the proposed subdivision cannot be feasibly designed , or that no reasonable alternative exists , to prohibit driveway access onto an arterial or collector street Major subdivisions to be located on a local road shall be so designed that there shall be no more than one direct residential driveway connection per 500 feet along the same side of the local road , unless it can be demonstrated that the proposed subdivision cannot be physically designed , that no reasonable alternative exists , or it would create an unreasonable hardship without a corresponding public benefit to prohibit individual driveway access onto a local road 5 Reserved e 6 Subdivision Access A second full - service access built to county standards for the purpose of ingress and egress or emergency access easement will be required when meeting or exceeding the following thresholds For subdivisions proposing between 100 and 200 lots , the developer has the option of providing a second full - service access built to county standards for the purpose of ingress and egress or a dedicated emergency vehicle access This emergency vehicle access is to be constructed of any all - weather surface and kept cleared at all times in case the main entrance is blocked and emergency vehicles need to access the development For subdivisions proposing 201 lots or more , a second full - service access built to county standards for the purpose of ingress and egress will be required Note For determining when a second access is required , the count will be cumulative f 7 Subdivision Road Standards 1 a Once a subdivision has a minimum of four occupied homes and an average of two occupied homes per tenth of a mile , no more land use permits will be issued for lots on that street until the developer or related agentPage1416 June 1 , 2009 – 6 00 pm Continued petitions the North Carolina Department of Transportation for maintenance and acceptance of the subject street into the state maintained road network 2 b Land use permits will be issued until 75 percent of the lots along a subject road have been permitted Once this threshold has been met , no more land use permits will be issued for lots on that street until the North Carolina Department of Transportation district engineer has accepted the subject road into the state maintained road network g Stubout Streets All stubout streets shall be posted with a sign at least 24 inches x 36 inches in area but no greater than 36 inches x 48 inches with a minimum height of three feet and a maximum height of five feet stating the following Road subject to future extension for additional lots h Sidewalks 1 Sidewalks shall be provided where necessary to provide efficient pedestrian access to school site and commercial centers Sec 14 - 227 Lot dimensions Every subdivided lot shall comply with the minimum lot size , lot width , and street frontage standard as stipulated in this Chapter , as well as other standards of the County Health Department for lots not served by a public water and or sanitary sewer system Sec 14 - 288 Reverse frontage residential lots For residential developments designed to have the dwelling units face an internal subdivision street and the rear of the dwelling units partially or completely face the main road , the following “ may ” be required a Landscape area “ A ” with the use of an 8 foot landscape berm , decorative wall , or opaque fence ; excluding a wooden fence b Landscape area “ B ” with the use of only plant material c The natural existing vegetation may be used if the density meets or exceeds the landscape area “ B ” requirements and remains undisturbed Sec 14 - 228 Partial tract subdivision Where the gross land area of a remaining lot in the proposed subdivision is greater than or equal to twice the minimum lot size allowed in the zoning district , the Planning Director , to ensure future orderly subdivision of lots , and the opening of future streets where needed to serve such potential lots , may require that a sketch plan for the entire tract be submitted for preliminary plat approval Sec 14 - 229 Public water and sewer systems Subdivisions that incorporate a public water distributions system and or a public sewage collection system shall require that all future homeowners connect to the public water and or sewer system prior to the issuance of a certificate of occupancy for their principal structure All subdivisions incorporating a public water distribution system and or a public sewage collection system , shall comply with the standards of the County Design Manual and or the public utilities manual Sec 14 - 230 Specifications for drawings a Format The requirements of this Section apply to the format of drawings b Preliminary Plat The preliminary plat shall be drawn to a scale between 1 100 and 1 20 of not less than 100 feet to the inch nor more than 20 feet to the inch Under special circumstances , with the Planning Directors approval , a preliminary plat can be drawn to a scale which can clearly and accurately display the necessary information for review of less than 100 feet to the inch The plat shall show the following 1 Title Data Name of the subdivision , the names and addresses of the owner or owners , name of designer of the plat , scale , date , approximate north point , and in large letters the words , PRELIMINARY PLAT 2 Existing Data Property lines , street lines and names , principal buildings , existing utility lines , watercourses , bridges , public easements , names of adjacent subdivisions and or property owners , distance to nearest street intersection , corporate limit and or planning district lines ; and an inset sketch map showing the subdivisions location in relation to the County and general area 3 Data Relating to Subdivision Names , locations and other dimensions and or metes and bounds of proposed streets , lots , easements , building lines , and recreational open space areas if appropriate A statement describing the water supply and sanitary sewage disposal facilities proposed to be installed in the subdivision 4 Floodway Data The boundaries of both the floodway and floodplain , shown on maps entitled flood hazard boundary map , shall be shown clearly c Final Plat The final plat shall be drawn in black ink on mylar to a suitable scale to assure legibility scale of not less than 100 feet to the inch nor more than 20 feet to the inch It shall show the following 1 Title and Documentation Data Name of subdivision , the township , the name of the licensed engineer or surveyor under whose supervision the plat was prepared ; the date of the plat ; the scale and north point ; and all endorsements and certifications provided for in Section 14 - 231 2 Data Relating to the Subdivision Lines and names of streets ; lines of all lots , easements , areas devoted to common use , with notes stating clearly their proposed use , any limitations and the person or entity responsible for continued maintenance ; corporate and or other boundaries ; building lines ; metes and bounds survey information sufficient to determine readily on the ground the location of every street , lot line , boundary line , block line , easement line , and building line ; the radius central angle , and tangent distance for both street lines of curved streets , the locations and types of all permanent monuments ; the names of subdivisions and streets adjoining the platted subdivision ; and designation of all streets within the subdivision as public or private 3 State Statue All data shown on the final plat shall be consistent with the provisions set out in GS 47 - 30 4 Easements All easements and their function shall be shown on the final plat 5 Floodway Data The boundaries of both the floodway and 100 - year floodplain 100 - year floodway and floodway fringe zone , as shown on the map entitled Flood Boundary and Floodway Map , shall be shown The FRIM panel and its adoption date shall be shown Page2417 June 1 , 2009 – 6 00 pm Continued 6 Future Streets All streets intended for future extension either within or beyond the boundaries of the subdivision shall clearly be indicated on the plat , by the words Reserved for Future Public Access Sec 14 - 231 Certificates and endorsements on final plat The following certificates and endorsements , where applicable , must be shown on all final plats of subdivisions 1 Certificate of survey and accuracy 2 Certificate of floodway information 3 Certificate of ownership , dedication and maintenance 4 Notice to homeowners to connect to public utility system 5 Certificate of public utilities , with the exception of minor subdivision 6 Certification of approval of water supply and sewage disposal system 7 Certificate of improvements Department of Transportation 8 Road Maintenance statement of understanding 9 Planning Director’s Certification 10 Review Officers Certification 11 Register of Deed Certification 12 Additional Certifications , Statements , or Notations necessary Sec 14 - 232 Distribution of recorded plat When approved by the Planning Director , one original mylar copy of a recorded plat under this Article shall be filed with the County Register of Deeds ; one blue line copy shall be on file in the County Planning Department , and one blue line copy shall be on file with the County Department of Environmental Health Secs 14 - 233 - - 14 - 250 Reserved 5 Public Hearing Revised Johnston County Design Manual Advertised – In The Smithfield Herald – May 20 and May 27 , 2009 The Chairman opened the public hearing Planning Director Berry Gray explained that the Johnston County Design Manual was last revised in 1998 , prior to the Land Development Code revision in 2000 Mr Gray clarified that the Design Manual is not an ordinance , but is supplemental to the ordinance and used by staff and the Planning Board as a guide He noted that the Design Manual provides clarification to vague ordinance requirements He stated much of the manual is now out of date or obsolete and is not used by staff as a functioning document Mr Gray stated staff has revised the entire Design Manual to incorporate policies and procedures already required by staff and or the Planning Board with no major regulation change proposed Mr Gray reviewed the following summary of the revisions with the Board Access and Circulation Roadway Design Criteria – Removal of some criteria that is covered by DOT Standards Centerline offset for roads – Changed from 100 ’ to 500 ’ to conform with Planning Board and DOT review and approval Driveway Design – Addition of guidelines for design of commercial and residential driveways in accordance with the LDC , DOT and NC Fire Code Easements – Addition of design guidelines for easements in accordance with LDC , NC Fire Code , and additional recommendations Private Roads – Changed portion to reflect LDC requirements Names and Addresses – Removed , County Addressing Policy covers these requirements Table of Street Standards – Removed , covered by DOT Standards Parking and Off - Street Loading Parking Design Standards – Changed to add the requirements of NC Fire Code , handicap accessibility , parking space size , cross access , and circulation traffic control Table of Parking Space Requirements – Changed to add additional uses and adjust number of parking spaces requirements Stormwater Amended to refer to current Public Utility Design Manual Utilities and Easements Amended to reflect current Public Utility Policy Landscaping Schedule of Required Landscaping Buffer Type – Changed to require buffer type based on basic use to adjacent basic use type Schedule of Plant Requirements – Changed to reduce the plant material requirement based on canopy cover and healthy material growth Architectural Treatments – Changed to allow a reduction of plant material with the combined use of Berm , Wall , or Fence ; and addition of design guidelines for a Berm , Wall , or Fence Reverse Frontage Lots – Addition based on LDC requirements Page3418 June 1 , 2009 – 6 00 pm Continued Installation and Maintenance – addition of maintenance requirements , and installation phasing ; Removal of some handling and planting procedures Subdivision Minimum Lot Size – Removal of minimum lot sizing requirements Flag Lot – Changed guidelines for flag lots to meet LDC Reverse Front Lots – Addition of reverse front residential lot guidelines Table of Improvements – Removed , table was based on minimum lot size requirement Easements – Addition of guidelines based on NC Fire Code and other recommendations Driveway Access – Changed to provide guidelines for shared driveway , DOT standards , NC Fire Code , and Arterial Collector Standards There being no further comments , the Chairman closed the public hearing Commissioner W Ray Woodall moved the Board approve the revised Johnston County Design Manual Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Note A complete copy of the Johnston County Design Manual is on file in the Clerk to the Board’s Office as well as the Johnston County Planning Department 6 Public Hearing Johnston County Personnel Ordinance Advertised – In The Smithfield Herald – May 20 and May 27 , 2009 The Chairman opened the public hearing Chairman Wade M Stewart stated he has reviewed the Personnel Ordinance and finds that it provides no flexibility which is needed in order to make changes without having to hold a public hearing each time a small tweak or change is needed Chairman Stewart called on the Director of Human Resources , Pat LaCarter , to address the Board and then stated the Board would welcome all others who wished to comment Mr LaCarter stated one of the issues that the Human Resources Department would like to ensure is that if the Board chooses to have either a Personnel Ordinance or a Per