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

10 469 Meeting of the Johnston County Board of Commissioners July 6 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 6 , 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 , 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 Duane Poole , 3933 Barber Mill Road , Clayton , shared a variety of research and articles discussing various forms of torture Mr Poole submitted packets to the Board members which contained more detailed research for them to review 2 Department of Transportation – Resolution – Transportation Planning Study for Johnston County Sarah Ezzell , Transportation Engineer with the NC Department of Transportation DOT Planning Branch , introduced Scott Walston , Transportation Engineer Supervisor for the Triangle Unit with the DOT Ms Ezzell explained that a Comprehensive Transportation Plan CTP is a long - range , multi - modal transportation plan that is developed cooperatively with the DOT and the local planning organizations along with representatives from the County and its municipalities She stated a CTP emphasizes incorporating local land use plans and community goals and is adopted or endorsed at three levels county municipality , regional , and state Ms Ezzell stated the components of a CTP include map sets with a written report that places an emphasis on highway , public transportation and rail , bicycle , and pedestrian Further , the CTP includes recommendations for the different modes within the plan as well as sections regarding strategic highway corridors Chairman Wade M Stewart brought up the subject of US Hwy 70 being upgraded to a freeway and asked if the DOT has determined , in their public meetings , if this initiative is something that the citizens want Commissioner Tony Braswell stated the issue of upgrading US Hwy 70 to a freeway is in a different division than Ms Ezzell works with Commissioner Braswell went on to say that the Chairman is referring to some of the proposed closures off Hwy 70 that are being discussed in connection with the freeway project and the issues that surround those proposed closures He noted Johnston County sits on the Hwy 70 Corridor Commission and has opposed some of the closures , but are hoping for more flexibility Chairman Stewart questioned adopting the resolution , if it supports a plan that would include upgrading Hwy 70 to a freeway He indicated that issue is still up in the air and many citizens may not be in favor of it Mr Walston noted the Hwy 70 Corridor Commission has done a lot of intermediate work on the project of possibly upgrading Hwy 70 to a freeway ; however , he stated the Planning Branch cannot take a CTP to the Transportation Board that is not consistent with the Strategic Corridors Initiative He stated if the issue is something that Johnston County would like to work further on then it would need to go beyond the Planning Branch Unit of the DOT He stated that the freeway initiative is something that is years away Chairman Stewart stated he did not want the Board to go on record as approving US 70 Highway becoming a freeway by endorsing the CTP Commissioner Braswell stated he has not missed an opportunity in the Highway 70 Corridor Commission meetings to express the County’s opposition to the freeway initiative on US 70 However ,Page470 July 6 , 2009 – 6 00 pm Continued Commissioner Braswell commented that the CTP is needed for Johnston County He spoke on the current work of the Highway 70 Corridor Commission and noted that many counties are not happy with the freeway initiative Commissioner Cookie Pope also noted that US Hwy 70 is still used for farming in Johnston County and spoke on her concerns as to how a freeway would impact the farming community Mr Walston stated he realized that there are many issues still remaining with the Highway 70 Corridor Commission Commissioner Braswell acknowledged Daniel Van Liere in the audience Mr Van Liere stated he is the Transportation Planner for the Upper Coastal Plain RPO representing Johnston , Wilson , Nash , and Edgecombe Counties Mr Van Liere reported he would be working with the DOT on developing the CTP Commissioner Braswell noted that the County’s recently adopted Comprehensive Land Use Plan recommended the need to adopt a transportation plan and he did not believe that by adopting the resolution reaffirming the need for a plan , it would be putting a stamp of approval on the freeway initiative Mr Walston stated the freeway initiative is a long - range plan and there are many intermediate steps that need to be addressed before anything can be done He noted the demand is currently not present for a freeway Commissioner Braswell commented that the freeway initiative is a safety issue and while no one is against doing anything to address safety , the initiative needs to have more flexibility with regards to closures Ms Ezzell stated the next steps of the CTP process would include sending out a public survey and data collection She explained once the data collection begins , hopefully a draft plan can be created and submitted for adoption or endorsement Ms Ezzell submitted copies of the draft survey that will be sent out in August as well as handouts outlining the vision statement and goals objectives of the plan At the inquiry of Commissioner Allen L Mims , Jr , Ms Ezzell stated they are proposing to put the survey in public libraries , grocery stores , County buildings , mailings , etc She reported they would be attending the individual municipality meetings over the next few weeks to brief them on the project Upon a motion by Commissioner Tony Braswell , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board adopted the following resolution RESOLUTION OF CONFIRMATION OF THE NEED FOR AND PARTICIPATION IN A COMPREHENSIVE MULTI - MODAL TRANSPORTATION PLANNING STUDY FOR JOHNSTON COUNTY WHEREAS , Johnston County Government and the participating towns realize the significance of a county - wide comprehensive multi - modal transportation plan in replacing all previous highway thoroughfare plans and in providing guidance for all future modal travel needs , recommendations and decisions ; and WHEREAS , the Upper Coastal Plain Rural Planning Organization informed the North Carolina Department of Transportation that Johnston County was at the top of its Comprehensive Planning Needs Priority List ; and WHEREAS , Johnston County currently has no adopted Thoroughfare Plan but recognizes the need for a Comprehensive Plan due to population , traffic volumes , and travel trends and growth rates in Johnston County ; and WHEREAS , there is a critical need to analyze the specific needs of the strategic highway corridors in Johnston County as designated in the North Carolina Strategic Highway Vision Plan and to recognize these strategic highway corridors in a Comprehensive Transportation Plan ; and WHEREAS , the NCDOT Transportation Planning Branch , with assistance from the Capital Area Metropolitan Planning Organization and the Upper Coastal Plain Rural Planning Organization , is charged with cooperatively developing a multi - modal Comprehensive Transportation Plan including all local governments and stakeholders , as well as the interests of the general public ; and WHEREAS , Johnston County and the participating towns will coordinate and engage all appropriate stakeholders as co - participants in the transportation planning process ; and WHEREAS , Johnston County and the participating towns , with the assistance of the NCDOT Transportation Planning Branch , the Capital Area Metropolitan Planning Organization , and the Upper Coastal Plain Rural Planning Organization , will consider ways to engage its citizenry throughout the comprehensive multi - modal transportation planning study ; and WHEREAS , the County Manager from Johnston County or his designee , is specifically responsible for participating in the regularly scheduled Comprehensive Transportation Plan team meetings and are tasked with relaying progress and information back to this body ; and WHEREAS , to adopt a Comprehensive Transportation Plan pursuant to General Statute 136 - 662 , the qualifying land development plan will be a current or in - progress land development plan that will be less than 5 years old at the time of adoption Page471 July 6 , 2009 – 6 00 pm Continued NOW THEREFORE BE IT RESOLVED , the Johnston County Board of Commissioners reaffirms the need for a multi - modal Comprehensive Transportation Plan and directs its representatives to participate and assist the NCDOT Transportation Planning Branch , the Capital Area Metropolitan Planning Organization , and the Upper Coastal Plain Rural Planning Organization in the comprehensive transportation planning process th This the 6 Day of July , 2009 3 Public Hearing Rezoning and Special Use Requests Cases 07 - 30 , 09 - 04 , and 09 - 06 Advertised – In The Smithfield Herald – June 24 and July 1 , 2009 Certified letters were mailed to adjoining property owners on June 22 , 2009 Notices were posted at the locations on April 30 , 2009 for Cases 07 - 30 , 09 - 04 , and 09 - 06 The Chairman opened the Special Use Hearing for Case 07 - 30 Case 07 - 30 Request to modify the Special Use Permit as follows original permit allows for the construction and operation of a commercial shopping center to include a grocery store , retail uses , pharmacy , bank , convenience store , office , and service establishments The applicant hereby requests that the permitted uses be amended to allow for the following a commercial subdivision with office , retail , daycare , and other commercial uses Parcel is located at the northeast quadrant of the intersection of Cornwallis Road SR 1525 and NC Hwy 42 W in Cleveland Township Tax ID 05F02021J Owner Cornwallis NC CPDC , LLC Applicant Tony M Tate Landscape Architecture , PA Those wishing to speak on special use case 07 - 30 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the Special Use Permit as follows original permit allows for the construction and operation of a commercial shopping center to include a grocery store , retail uses , pharmacy , bank , convenience store , office , and service establishments The applicant requests that the permitted uses be amended to allow for the following a commercial subdivision with office , retail , daycare , and other commercial uses Mr Gray stated the parcel is located at the northeast quadrant of the intersection of Cornwallis Road and NC Hwy 42 W in Cleveland Township , directly adjacent to Austin Pond Subdivision Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 30 on March 27 , 2009 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 May 19 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 30 and made the following recommendations Upon a motion to approve by Mr Schulz adding the condition that developer and tenants add fence maintenance and to change the buffer from 200 to 100 , seconded by Mr DeLaine and carried unanimously 9 - 0 , the Planning Board recommended preliminary approval of the Modification for Case 07 - 30 , based on the following Findings of Facts and Special Use Conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The site will be developed as a commercial subdivision decreasing the likelihood of a strip shopping Applicant center , with a 6 ’ solid wood fence along with landscaping in the buffers providing added protection for the neighboring properties , lighting designed to limit off site glare , and limited hours of trash pick - up to limit noise In addition , full access driveways will be aligned with those across the street and if land is available to construct a sidewalk along Cornwallis Road from the full access drive on Cornwallis to the entrance of the Austin Pond neighborhood Page472 July 6 , 2009 – 6 00 pm Continued Staff The development is proposed to be used for commercial purposes and will serve the daily needs of the community by having office , retail and daycare services The design seems very compatible with the neighboring community and includes fencing and landscape buffering to provide privacy to adjacent properties 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 All requirements of the Land Development Code are met with this proposal , including the provision of required parking , increased landscape buffers , setbacks that meet or exceed those required by the code , the required parking lot landscaping , crosswalks within the center to provide for ease and safety or pedestrian travel , parking lot lighting that exceeds the requirements of the code with respect to shielding the neighboring properties from off - site glare , and provisions to manage storm water Additionally , the provisions of the Design Manual with regard to building design and signage will follow 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 We envision retail and offices and other related commercial uses to the area residents that will provide their daily and weekly needs without travel to and through that busy intersection will decrease traffic congestion in the I - 40 I - 42 area and provide for the daily needs of the residents within walking or biking distance from their homes A 6 ’ solid wood fence along with the landscaping within the buffers will be utilized to provide additional protection for the neighboring properties , trash pickup will be limited in hours , and driveways providing full access to the development will be aligned with those across the streets to increase safety In addition , this plan creates an additional buffer between the commercial development and residents to the east The decreased intensity in buildings will reduce noise , traffic , and light along the property line This is designed to protect the privacy of the adjoining residences On the abutting property to the north , a 5 acre of trees , about 300 ’ in depth , further provides a buffer between the proposed shopping center and the existing residences Staff As previously stated , the design of this commercial center seems compatible with the neighborhood It is designated as a community commercial center in the Land Use Plan and will serve the daily needs of the community The landscape buffer , sidewalk , fence , as well as all of the special use conditions as required by the Boards will ensure that the value of contiguous properties is maintained 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 zoning designation of the parcel as General Commercial , indicating the intention of the Board of Commissioners that the parcel be used in a commercial manner In fact , a Special Use District for the shopping center in this location was approved in 2004 and amended in 2008 The need for a Special Use District for the parcel indicates that the Board would like to see the specifics of the planned development in advance of any approval , to ascertain that the needs of the community are met The plan provided with this application shows adherence with the County’s Land Development code through • Landscaping to enhance the appearance of the development and to provide buffering for the adjacent residential uses along the abutting roadways , • Appropriate setbacks and building heights , building heights are decreased from previous proposal , • Storm water provisions to make sure the added development does not cause undue hardships to neighboring properties with regard to storm water runoff , • Efficient internal circulation to provide safe pedestrian , bike and vehicular traffic throughout the site , • Safe and efficient emergency access throughout the site , • Efficient waste removal from all businesses , • Appropriate external connections to abutting roadways that help ensure safe entry and exit from the site , • Building design and siting developed to enhance the surrounding neighborhoods Applicant’s proposed development will conform to all requirements of the Land Development Code and any Staff conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Commercial , office , retail , daycare Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff 4 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 5 Installation of a 30 ’ Class C Buffer with 150 of required plant material along the west and south property lines Cornwallis Rd & NC Hwy 42 Installation of a 15 ’ Class C Buffer with 200 100 of the required plant material along the north and east property lines 6 All access to outparcels shall be internal ; no driveways to the outparcels on either Cornwallis Rd or NC 42 Number of driveways shall be limited to one on NC 42 and two on Cornwallis Rd the southernmost driveway on Cornwallis shall be a right - in only All road improvements shall be done prior to the commencement of building construction 7 Height of buildings to be forty feet maximum 8 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties Cutoff optics shall be utilized PagePage pageNumber5473 July 6 , 2009 – 6 00 pm Continued 9 Trash dumpsters may be emptied only during the hours of 7 00 am - 8 00 pm , Monday thru Friday 10 There shall be no billboards or cell towers constructed on this site 11 The existing landscape business located on site must be entirely removed and cleaned up prior to the issuance of the Special Use Permit 12 Must comply with all required NCDOT driveway permitting and all other required traffic improvements 13 The following uses shall be excluded from permissibility on this site - Building material supply , campgrounds , kennels , mini - storage facility , mobile home and RV sales , utilities facility , communication facility , and fast food restaurants 14 All outparcels shall receive approval from the Planning Board and Board of County Commissioners prior to being developed 15 Developer shall make every effort to build a walkway sidewalk along Cornwallis Road between the Cornwallis Commons development and entrance to Austin Pond Subdivision 16 All HVAC equipment shall be placed on the roof and screened so as to deflect noise away from the residents at Austin Pond Subdivision 17 A drug store pharmacy is the only type of business that will be permitted to operate 24 hours a day 18 The buffer between the Cornwallis Commons development and Austin Pond Subdivision shall consist of a berm 6 ’ solid wood fence and natural plantings Planning Department staff shall provide a final approval for the buffer 19 No outdoor live bands or music shall be allowed without prior approval from the County 20 Fence Maintenance Agreement Changes are listed in bold print Deletions have been struck - through Mr Gray stated the request for the modification is in response to the current state of the economy and the applicant’s opinion that a grocery store may not be suitable for the subject location The applicant has submitted a revised plan to remove the anchor grocery store and have individual lots for retail and office uses Mr Gray listed and reviewed the proposed modifications to the special use conditions Commissioner Allen L Mims , Jr asked if there would be a maintenance agreement on the landscaping Mr Gray confirmed a maintenance agreement on the landscaping would be part of the subdivision approval conditions At the inquiry of Chairman Wade M Stewart , Mr Gray stated the applicant was aware of and understood all the proposed special use conditions Applicant Tony Tate of Tony M Tate Landscape Architecture , PA , addressed the Board and stated in light of the current state of the economy , they have submitted an alternate plan for development for individual lots Mr Tate confirmed a landscaping agreement will be put into place and all improvements related to transportation will be in accordance with Department of Transportation requirements He offered to answer any questions Commissioner Cookie Pope asked if there would be an entrance off of Hwy 42 Mr Tate confirmed there is an entrance off of NC Hwy 42 Commissioner Mims inquired about parking spaces with the new plan Mr Tate stated the number of parking spaces has not changed as of yet ; however , he stated they would review that before the request comes to the Planning Board for subdivision approval Maria Lusk , 114 St Jiles Drive , Austin Pond Subdivision , asked if the lots in the subdivision would be developed all at once or as they are sold Further , Ms Lusk inquired as to the design of the buildings , HVAC units , and lighting , indicating that the residents of Austin Pond would like to ensure those elements remain the same as with the previous special use permit Ms Lusk also noted her concerns with the neighboring creek and how best to protect it environmentally Mr Tate responded that the street down the middle of the development would be constructed first and those lots sold individually ; however , he was unsure as to how long construction on the entire development would last Mr Tate stated with regards to the architecture of the buildings , there will be a unified development plan and some restrictions will be in place He stated presently all buildings are planned as one - story structures , but he noted that even if a two - story structure is developed , the overall footprint of the building would remain the same in order to accommodate the ratio for approved parking spaces Mr Tate explained that the HVAC units would be smaller than originally planned , thereby reducing the noise factor and because an anchor tenant is not planned , there will be no need for the originally designed large pole lighting Mr Tate also confirmed that connecting sidewalks are still a part of the plan on Cornwallis Road PagePage pageNumber6474 July 6 , 2009 – 6 00 pm Continued Upon a question by Ms Lusk , Mr Gray reported in the modified special use conditions proposed , they still included the condition for the deletion of certain uses and no outparcels will be allowed under the new plan Mr Gray reported the Planning Board recommended approval of the modification to the special use permit At the inquiry of Commissioner Mims , Mr Tate confirmed that the DOT required road improvements and the stormwater improvements for the entire development would be done at the beginning He stated the exterior landscaping may not be done at the beginning until more lots are sold Commissioner Mims noted that grading for the entire site would have to be done in the beginning , to address stormwater requirements Ms Elizabeth Carter was sworn in by the Clerk to the Board Elizabeth Carter , 50 Austin Pond Lane , Austin Pond Subdivision , stated the corner of the subject site is overgrown as well as signs for various businesses are posted She asked if the entire property would be maintained as it is being developed Commissioner Mims stated the applicants would have to get a permit in order to begin grading for stormwater improvements and he believed they would have to maintain the entire property during that process There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 30 Decision on Special Use Case 07 - 30 Case 07 - 30 Request to modify the Special Use Permit as follows original permit allows for the construction and operation of a commercial shopping center to include a grocery store , retail uses , pharmacy , bank , convenience store , office , and service establishments The applicant hereby requests that the permitted uses be amended to allow for the following a commercial subdivision with office , retail , daycare , and other commercial uses Parcel is located at the northeast quadrant of the intersection of Cornwallis Road SR 1525 and NC Hwy 42 W in Cleveland Township Tax ID 05F02021J Owner Cornwallis NC CPDC , LLC Applicant Tony M Tate Landscape Architecture , PA Based on the following findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board approve the modification to the special use permit for Case 07 - 30 to allow for the following a commercial subdivision with office , retail , daycare , and other commercial uses on property located at the northeast quadrant of the intersection of Cornwallis Road SR 1525 and NC Hwy 42 W in Cleveland Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff 4 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 5 Installation of a 30 ’ Class C Buffer with 150 of required plant material along the west and south property lines Cornwallis Rd & NC Hwy 42 Installation of a 15 ’ Class C Buffer with 200 100 of the required plant material along the north and east property lines 6 All access to outparcels shall be internal ; no driveways to the outparcels on either Cornwallis Rd or NC 42 Number of driveways shall be limited to one on NC 42 and two on Cornwallis Rd the southernmost driveway on Cornwallis shall be a right - in only All road improvements shall be done prior to the commencement of building construction 7 Height of buildings to be forty feet maximum 8 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties Cutoff optics shall be utilized 9 Trash dumpsters may be emptied only during the hours of 7 00 am - 8 00 pm , Monday thru Friday 10 There shall be no billboards or cell towers constructed on this site 11 The existing landscape business located on site must be entirely removed and cleaned up prior to the issuance of the Special Use Permit 12 Must comply with all required NCDOT driveway permitting and all other required traffic improvements PagePage pageNumber7475 July 6 , 2009 – 6 00 pm Continued 13 The following uses shall be excluded from permissibility on this site - Building material supply , campgrounds , kennels , mini - storage facility , mobile home and RV sales , utilities facility , communication facility , and fast food restaurants 14 All outparcels shall receive approval from the Planning Board and Board of County Commissioners prior to being developed 15 Developer shall make every effort to build a walkway sidewalk along Cornwallis Road between the Cornwallis Commons development and entrance to Austin Pond Subdivision 16 All HVAC equipment shall be placed on the roof and screened so as to deflect noise away from the residents at Austin Pond Subdivision 17 A drug store pharmacy is the only type of business that will be permitted to operate 24 hours a day 18 The buffer between the Cornwallis Commons development and Austin Pond Subdivision shall consist of a berm 6 ’ solid wood fence and natural plantings Planning Department staff shall provide a final approval for the buffer 19 No outdoor live bands or music shall be allowed without prior approval from the County 20 Fence Maintenance Agreement Changes are listed in bold print Deletions have been struck - through The Chairman opened the Rezoning Hearing for Case 09 - 04 Case 09 - 04 Petition to rezone 422 acres of a 5904 acre tract located at 9918 NC Hwy 210 in Elevation Township from General Business - Special Use District GB - SUD to Community Business CB Tax ID 07F06028D Owner B & R McGee , LLC Applicant DC Adams Engineering Planning Director Berry Gray stated the petition is to rezone 422 acres of a 5904 acre tract located at 9918 NC Hwy 210 in Elevation Township from General Business - Special Use District to Community Business Mr Gray pointed out that the rezoning request is a straight rezoning and no special use would be applied to the property He stated the northwest corner of the tract is presently used as a grooming boutique and kennel and the owner now wishes to take the remainder of the tract and market it for sale as individual commercial lots Mr Gray stated the area is designated as a neighborhood commercial center based on the Comprehensive Land Use Plan He noted there have been some concerns by the neighboring property owner regarding stormwater ; however , the owner has constructed a basin on site so that the stormwater runoff will not adversely affect the neighboring property owner Mr Gray also stated that the County’s Stormwater Administrator , Jamie Guerrero , has been involved with the process to ensure compliance Donnie Adams , 109 Samantha Drive , Garner , of the applicant , DC Adams Engineering , spoke on behalf of the owner Mr Adams stated they believe the rezoning will be good for the area He noted the kennel is doing well and the additional uses that could come with the site would benefit the community Mr Adams stated they have worked diligently to ensure stormwater compliance as well as to address the neighboring property owner’s complaints and have done everything they have been asked to do He reiterated that a detention pond has been constructed for the site and offered to answer any questions Commissioner Allen L Mims , Jr noted the detention pond was constructed on the lot with the kennel and asked if the owner of the kennel would be responsible for the continued upkeep and maintenance Mr Adams stated as more development comes to the site , the detention pond would have to be expanded and separate stormwater easements would be put into place He stated there is an existing maintenance and operation agreement for the existing stormwater detention pond that has been recorded and can be amended as needed Mr Gray reported the Planning Board recommended approval of the rezoning There being no further comments , the Chairman recessed the Rezoning Hearing for Case 09 - 04 Decision on Rezoning Case 09 - 04 Case 09 - 04 Petition to rezone 422 acres of a 5904 acre tract located at 9918 NC Hwy 210 in Elevation Township from General Business - Special Use District GB - SUD to Community Business CB Tax ID 07F06028D Owner B & R McGee , LLC Applicant DC Adams Engineering Commissioner Cookie Pope moved the Board approve rezoning case 09 - 04 , to rezone 422 acres of a 5904 acre tract located at 9918 NC Hwy 210 in Elevation Township from General Business - Special UsePagePage pageNumber8476 July 6 , 2009 – 6 00 pm Continued District to Community Business Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 09 - 06 Case 09 - 06 Petition to rezone 243 acres located at 2989 Hwy 701 S in Ingrams Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 08J13016B Owner Applicant Rita Johnson Lee Planning Director Berry Gray stated the petition is to rezone 243 acres located at 2989 Hwy 701 S in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use permit request associated with the rezoning He stated the existing land use is Agricultural Residential with a horse barn and farm stand on site The applicant would like to locate to another building on the property to be out of the weather Mr Gray stated the surrounding zoning is Agricultural Residential and used for those purposes He noted there is property nearby zoned General Business for a country grill and gas station as well as a sign business is located nearby and a solid waste container site Mr Gray explained the request came in as a violation along with others in the area ; however , he noted the operation has been in existence for many years and the applicant has done all that has been asked of her to come into compliance Applicant Rita Johnson Lee was present to answer any questions There were no questions for the applicant Mr Gray stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 09 - 06 Decision on Rezoning Case 09 - 06 Case 09 - 06 Petition to rezone 243 acres located at 2989 Hwy 701 S in Ingrams Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 08J13016B Owner Applicant Rita Johnson Lee Commissioner Cookie Pope moved the Board approve rezoning case 09 - 06 , to rezone 243 acres located at 2989 Hwy 701 S in Ingrams Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 09 - 06 Case 09 - 06 To allow for the operation of an agricultural , open - air farmers market and store Owner Applicant Rita Johnson Lee Those wishing to speak on Special Use Case 09 - 06 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 agricultural , open - air farmers market and store Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 06 on April 1 , 2009 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 PagePage pageNumber9477 July 6 , 2009 – 6 00 pm Continued • 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 May 19 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 06 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr DeLaine and carried unanimously 8 - 0 , the Planning Board recommended preliminary approval of the Rezoning for Case 09 - 06 Upon a motion of approval with the changes noted by Mr Smith , seconded by Mr Browder and carried unanimously 8 - 0 , the Planning Board recommended preliminary approval of the Special Use Permit for Case 09 - 06 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 business will primarily be an open air farm market , providing locally grown fruits and vegetables It will be operated and maintained in a clean and professional manner as to enhance aesthetically the surrounding country , agricultural setting and complying with all regulations and to the best of my ability promote the public welfare Staff Hwy 701 is a major corridor with several commercial uses , including a plant nursery adjacent to Ms Lee’s produce market 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 ; ApplicantI will comply with the regulations of the Land Development Code , other ordinances and resolutions , and state and federal regulations 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 metal building with front country porch shelter is located in an agriculture setting It has been on the property approximately 18 years We will supply locals and tourists with locally grown produce from all areas of the county Flowers , trees and shrubs will be offered by neighboring nurseries We will also offer a few country primitive antiques and collectibles Staff The farmers market is located on an arterial street with several commercial uses nearby The location provides a convenient place to purchase locally grown fruits and vegetables , amongst other types of trees and plants There is adequate room for parking and display of items A Class A landscape 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 Working with local government entities , this business will conform with any and all plans adopted by the board of commissioners 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 Primarily an agriculture open air farm market 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 Hours of operation shall be 7 00 am to 9 00 pm , Monday through Sunday 4 All signage shall comply with the sign code 5 No buffer along US 701 needed 6 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting if any shall be engineered so as not to shine onto adjacent properties Bold shows approved changes Mr Gray listed and reviewed each of the special use conditions with the Board He noted conditions three and five were adjusted during the Planning Board meeting at the request of the applicant At the inquiry of Chairman Wade M Stewart , Mr Gray reported the applicant is aware of and understands all the special use conditions Applicant Rita Johnson Lee asked Mr Gray to confirm the proposed days of operation that would be allowed Mr Gray confirmed the hours of operation would be 7 00 am until 9 00 pm Monday through Sunday He stated the Planning Board recommended approval Page0478 July 6 , 2009 – 6 00 pm Continued There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 06 Decision on Special Use Case 09 - 06 Case 09 - 06 To allow for the operation of an agricultural , open - air farmers market and store Owner Applicant Rita Johnson Lee Based on the following findings of facts and the special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 06 allowing for the operation of an agricultural open - air farmers market and store on 243 acres located at 2989 Hwy 701 S in Ingrams Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 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 Hours of operation shall be 7 00 am to 9 00 pm , Monday through Sunday 4 All signage shall comply with the sign code 5 No buffer along US 701 needed 6 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 7 Lighting if any shall be engineered so as not to shine onto adjacent properties 4 RPO – Transportation Advisory Committee TAC Appointments Planning Director Berry Gray explained that the Rural Planning Organization RPO allows for town membership on the Transportation Advisory Committee TAC with one member representing Johnston County , one member representing Smithfield largest town , and two members representing the remaining towns He stated that since only two spots are available for those towns , the Board decided to consider the appointments on an annual basis so that all towns could participate , if desired He noted presently , the Town of Selma and the Town of Wilson’s Mills hold seats on this committee Mr Gray reported the following are requesting appointments as provided by the towns Town Representative select two Benson – Douglas Van Oglesby , Keith Langdon as alternate Kenly – Tooie Hales , Beverly Knight as alternate Selma – Charles Hester ; Jackie Lacy as alternate Wilson’s Mills – Peter Wilson ; Leighanna Worley as alternate Commissioner Tony Braswell spoke on the importance of attendance at the meetings and he noted that the Selma and Wilson’s Mills representatives have never missed a meeting Commissioner Braswell also noted that the Town of Smithfield representing the County’s largest town has not attended any meetings and in fact , have lost their voting privileges this past year due to their absences He added that the bylaws of the committee state if two consecutive meetings are missed , voting privileges will be lost Commissioner Braswell stressed that whoever is appointed needs to be committed to attending the meetings Commissioner Jeffrey P Carver indicated that Doug Oglesby of Benson as well as Tooie Hales from Kenly are very involved in matters they represent within their respective districts and he believed they would be active in the committee , if appointed Commissioner Carver stated perhaps it would be best to let them know up front , the importance of attendance at the meetings , if they are appointed Commissioner Carver noted that he appreciates the past participation by Selma and Wilson’s Mills ; however , he feels that other towns should be allowed the opportunity to serve Commissioner Allen L Mims , Jr agreed with Commissioner Carver that the membership should be rotated to allow others to serve He suggested that staff mention to those that are appointed , the importance of attending all meetings in their appointment letters Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board appointed the following to serve a one year term on the Transportation Advisory Committee Page1479 July 6 , 2009 – 6 00 pm Continued Town of Benson – Douglas Van Oglesby , Keith Langdon as alternate Town of Kenly – Tooie Hales , Beverly Knight as alternate County Manager Rick Hester stated he would also call those that are appointed and let them know the Board’s feelings that the meetings must be well attended He also stated he would contact Selma and Wilson’s Mills expressing the Board’s appreciation for their past service and attendance 5 Archer Lodge Municipal Exploratory Committee – Request for Services Carlton Vinson , 1029 Wendell Road , introduced Jeff Barnes , Clyde Castleberry , and Matt Mulhollem of the Archer Lodge community as well as David Mills , Attorney for the Archer Lodge Municipal Exploratory Committee Mr Vinson stated the committee has been working for over 2 years to develop and implement a plan of action for the incorporation of Archer Lodge He noted they have received the support from the surrounding towns and are now seeking approval from the County for two proposals regarding planning services and public safety protection Mr Vinson submitted an updated map to the Board of the area proposed for incorporation , noting that they have scaled down their original request from approximately 14 square miles to just over 9 square miles Commissioner Tony Braswell called to everyone’s attention that the two proposals would be for a limited period of time Mr Vinson acknowledged the time periods of the proposals and stated they understand if Archer Lodge becomes a town , they would have to pay their own way Mr Vinson stated the committee is still in the learning process and would work closely with the County Planning Department to make sure they get all the procedural matters associated with planning and zoning correct He noted they will also be looking for an engineering firm to assist them Mr Vinson stated the committee has discussed public safety at length with Sheriff Steve Bizzell and it is their intention to utilize the two year period in the Sheriff’s proposal to formulate their own plan in accordance with what the community wants and what they can afford to do Commissioner W Ray Woodall asked about an ETJ area , if the Town is able to incorporate Mr Vinson stated at the present time , they have not submitted a request for an ETJ Chairman Wade M Stewart asked about a possible tax rate Mr Vinson stated currently , they are proposing a tax rate of 008 per 100 valuation to cover the initial services they intend to provide He indicated the tax rate would allow them a good starting point as well as build reserves Commissioner Allen L Mims , Jr asked if they had considered the issue of farm use deferment on some of the property in the proposed incorporation area Mr Vinson stated when property is incorporated , farm land is not exempt from paying taxes , as it is when annexed Upon a question by Commissioner Cookie Pope , Mr Vinson stated a vote by the affected citizens on whether or not to incorporate will take place in the 2009 municipal elections Commissioner Pope noted her concern with approving the proposals before the vote by the citizens has taken place Attorney David Mills stated anytime an incorporation effort begins , a plan must first be submitted to the Joint Legislative Commission on Municipal Incorporation The Commission will then determine if the area has a feasible plan , budget , and means to provide municipal services prior to issuing a recommendation to the Legislature He clarified that in order for the incorporation effort to proceed , the area must demonstrate to the Legislative Commission that they can indeed provide services to the citizens Chairman Stewart pointed out that the Board would only be voting on whether or not to approve the two proposals for services for planning and public safety in the event the incorporation effort is successful and not endorsing the idea of Archer Lodge becoming a town He indicated that is something that the citizens in the affected area will have to decide in the election later this year Page2480 July 6 , 2009 – 6 00 pm Continued Commissioner Braswell agreed that the Board is only voting on the proposals for services and he does not see that action as an endorsement on the incorporation effort one way or another , in that it will all depend on the referendum results At the request of the Chairman , Planning Director Berry Gray informed the Board that on the proposal for planning services , it is similar to other arrangements with other communities and the Planning Department is willing to work with the Archer Lodge representatives Sheriff Steve Bizzell stated he would also work with the representatives of Archer Lodge Commissioner Mims noted County water is located in the affected area and asked if Archer Lodge would take over the maintenance of the infrastructure Mr Vinson stated he has spoken with the County’s Director of Utilities and Engineering , Tim Broome , who has given them three options , subject to Board of Commissioner approval , including 1 contracting with the County for water services , 2 taking over the infrastructure entirely , or 3 do not provide water services He stated the goal is to provide water on a contract basis with the town taking over the billing duties from the Archer Lodge Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the following two proposals regarding services for Planning and Public Safety by the County for the Town of Archer Lodge , pending the positive vote of approval by the citizens of the affected area in the 2009 election Proposal for Town of Archer Lodge for Planning and Land Use Items Once Archer Lodge officially becomes a town , the Archer Lodge Town Council immediately adopts the County’s ordinances , zoning and land use plan as their own , and appoints a town planning board The appointment of a town planning board would need to be accomplished within 60 days of the effective date of incorporation During that 60 day period , all land use and zoning applications cases would continue to go through the County Planning Staff , Planning st Board and County Commissioners , if necessary On the 61 day after the incorporation , any land use and zoning applications would continue to be presented to the County Planning Office for an additional period of ten 10 months These cases would be decided upon by the Archer Lodge Planning Board and Town Council However , please note that any cases that are in the “ pipeline ” with the County Planning Board and Board of County Commissioners will continue through that process in order to eliminate confusion for the applicant The County Planning Office’s involvement with any land use zoning applications would end on the first business day after the one year anniversary of the effective incorporation date of Archer Lodge This interim period of assistance would give the Town of Archer Lodge ample time for town staff or contract staff to learn all the details of the County’s ordinances While serving the Town of Archer Lodge , the County Planning Office would retain all fees to offset costs associated with mailings , personnel time , etc On the first business day after the one year anniversary of the incorporation of the Town of Archer Lodge , the County Planning Office would no longer be involved in any land use or zoning matters pertaining to the Town of Archer Lodge The Town of Archer Lodge would be fully responsible for providing their own planning staff , whether it is contracted services , using existing town staff or hiring someone as a town employee Proposal for Town of Archer Lodge Once Incorporated for Providing Public Safety by the Johnston County Sheriff’s Department The Johnston County Sheriff’s Office proposes to provide law enforcement services to the Town of Archer Lodge , as they are currently doing , for a period not to exceed two years after the date of incorporation , at no cost to the town In fairness to other municipalities of Johnston County , beginning on the first day of the third year after incorporation , the Town of Archer Lodge should have established a police department , providing 24 hour police protection However , the Town Board may request to enter into a contract for the Johnston County Sheriff’s Office to provide police protection The County of Johnston would receive total compensation for providing these services , including but not limited to , salaries , benefits , equipment , and other necessary expenses This agreement would require approval of the Johnston County Board of Commissioners Page3481 July 6 , 2009 – 6 00 pm Continued 6 Manager Reports and Comments A Call for Public Hearing – SHARP At the request of County Manager Rick Hester , the Chairman called for a public hearing for the August 3 , 2009 6 00 pm meeting to discuss a possible incentive grant under the Smithfield Historical Area Revitalization Program 7 Board Reports and Comments A North Carolina Association of County Commissioners NCACC Commissioner W Ray Woodall shared with the Board his disappointment in the NCACC’s recent failure to alert him and the other North Carolina counties of certain actions being taken in the legislature , even after he had specifically brought it to the Association’s attention that he was interested in these matters Following discussion , it was the consensus of the Board to send a letter to the Association expressing the Board’s dissatisfaction and concern regarding this matter B Cap & Trade Legislation Chairman Wade M Stewart expressed his concern with current proposed federal legislation regarding Cap and Trade It was the consensus of the Board to send letters to all the United States Senators informing them of Johnston County’s concerns on this matter There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 50 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage