August 3, 2009 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 501 Meeting of the Johnston County Board of Commissioners August 3 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 3 , 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 Announcement Regarding Rezoning and Special Use Hearing for Case 09 - 05 Case 09 - 05 Petition to rezone 345 acres of a 11686 acre tract located at 13779 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13D02012 Owner Garland P Sherrill , Jr Applicant American Tower Corporation , Jill House Special Use Permit To allow for the construction and operation of a 195 ’ monopole telecommunications tower The Chairman announced that Case 09 - 05 has been withdrawn at the applicant’s request He advised that if the applicant wishes to bring the case back before the Commissioners , the case would be properly advertised and noticed at such time 2 Public Comments A Statement from Timothy Hodges Regarding Terrorism Timothy Hodges of Clayton , North Carolina , submitted and read to the Board the following prepared statement Good evening ladies and gentlemen of the Commission It is a pleasure to see you all again Tonight I wish to speak briefly to you about a subject that is of deep concern to me , namely keeping our community safe from terrorism , foreign and domestic You all know that some Johnston County residents , including one Daniel Patrick Boyd , were recently arrested for allegedly planning jihad actions somewhere outside the United States I hope that justice will be done in this case , and that all defendants receive a fair trial , in accord with all the American Constitutional guarantees I trust you will join me in that hope However , as I read the federal indictment , on pages 3 and 4 , and I quote “ … The defendants DANIEL PATRICK BOYD , a k a “ Saifullah , ” [ and the others ] … did knowingly , willfully , and unlawfully combine , conspire , confederate and agree with individuals … in preparation for , and in carryout , a violation or violations of Title 18 , US Code , Section 956 , Conspiracy to murder , KIDNAP , MAIM , OR INJURE PERSONS IN A FOREIGN COUNTRY , that is , conspiring with one or more persons to commit , at any place outside the jurisdiction of the United States , an act that would constitute the offense of murder … , KIDNAPPING , MAIMING , AND INJURING , if committed in the special maritime and territorial jurisdiction of the United States and inPage502 August 3 , 2009 – 6 00 pm Continued so doing , commit an act within the United States to effect an object of such conspiracy ” [ Unquote ] What I have learned from this , ladies and gentlemen , was that it is now a GRAVE CRIME in the United States to plan and conspire to kidnap , injure , maim or murder someone in a foreign country Such plans and conspiracies are subject to investigation and punishment Mr Chairman , on several occasions I and others have tried to convey to you many credible allegations that numerous such conspiracies – many more such grave crimes – of kidnapping , maiming , injuring and even murdering , of persons in foreign countries , having been planned and carried out here in Johnston County , from Aero Contractors facilities at Johnston County Airport , which is under your direct jurisdiction The fact that these kidnappings , injuries and maiming have been called by the name of “ extraordinary rendition ” does not change their unlawful and conspiratorial nature We have brought to your attention many pages of evidence to corroborate these allegations , and pleaded with you to exercise your responsibility for the airport , to see to it that any such conspiracies to kidnap , injure , maim or murder persons in foreign countries are stopped , and those responsible for them are brought to justice Again tonight , Mr Chairman , I want to urge you to take steps immediately , to examine these many credible allegations involving Aero Contractors , and refer all findings to state and federal law enforcement authorities Conspiracies to kidnap , injure , maim and murder persons overseas have no place in Johnston County , or anywhere else in America I respectfully call on you to uphold the laws of America in the county facilities which you oversee Thank you very much for your time and attention Timothy Hodges – Clayton , NC B NC Stop Torture Now Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board and read portions of a letter addressed to the President of the United States from Matthew Alexander which expressed Mr Alexander’s views of interrogation practices involving torture Mr Fager reported that Mr Alexander is a former interrogator of high level Al - Qaida prisoners in Iraq that has published a book titled “ How to Break a Terrorist ” and has now become an advocate of interrogation without the use of torture Commissioner Tony Braswell asked Mr Fager if NC Stop Torture Now is a 501 c 3 non - profit organization Commissioner Braswell noted there is a place on their website that allows for donations and he asked who is responsible for tracking those donations Mr Fager reported NC Stop Torture Now is not a non - profit 501 c 3 organization and he believes that Christina Cowger is responsible for keeping track of donations He stated Ms Cowger may have a list of the donations , but he does not keep a copy Commissioner Braswell inquired as to whom NC Stop Torture Now would accept donations from , such as other countries Mr Fager stated he is not in a decision making position regarding the donations and he is unsure who they would accept donations from , since he is unfamiliar with who the potential donors are Commissioner Braswell asked for more information on the makeup of NC Stop Torture Now Mr Fager stated they do not have corporate bylaws and are not a registered corporation of any kind He stated they do have a bank account , although he is unsure as to what bank it is with , and they meet once each month usually in Raleigh , NC He stated they undertake activities as are agreed upon by the attendants at the meetings Page503 August 3 , 2009 – 6 00 pm Continued Commissioner Braswell and Mr Fager discussed the issues surrounding domestic abuse and torture as well as the possibilities of foreign countries participating in torture activities Commissioner Braswell and Mr Fager further discussed those being detained at facilities such as Guantanamo Bay as well as soldiers being asked to fight in wars and if their missions in wartime activities constitute grounds for federal indictments Commissioner Jeffrey P Carver commented that one of the greatest things about the United States is the fact that groups such as NC Stop Torture Now have the freedom to express their opinions Commissioner Carver pointed out that in the letter by Matthew Alexander ; Mr Alexander was addressing his concerns to Washington and not Johnston County He also noted that the indictments mentioned by Timothy Hodges against Daniel Patrick Boyd are federal indictments that are not brought on by Johnston County He reiterated that NC Stop Torture Now is taking their concerns to the wrong audience in that Johnston County has no jurisdiction over the matter Commissioner W Ray Woodall stated he served in the United States Army for 30 years and he noted that there are times at war when a soldier must do things that they do not like to do Commissioner Woodall stressed that the County has no authority on the issue raised by NC Stop Torture Now Chairman Wade M Stewart stated that as it has been pointed out before , as long as the present Board is sitting , no action will be taken against Aero Contractors Chairman Stewart stated to Mr Fager that he and NC Stop Torture Now representatives are welcome to attend the Board meetings anytime ; however , he feels they are beginning to abuse the objective of the Public Comment section of the meeting Chairman Stewart stated although he has the option of rejecting further comments by the group , he chooses not to exercise that authority ; however , he would like to make it clear that there are other citizens on the agenda that have been waiting patiently for the Board to hear their items Chairman Stewart instructed that going forward , if any further representatives of NC Stop Torture Now would like to speak at the meetings , they will need to attend at the end of the meetings and voice their concerns once all the other business has been conducted Note Connie Nash of western North Carolina spoke at the end of the meeting noting her concerns on torture C Additional Department Head Recognition County Manager Rick Hester recalled the recognitions of the Department Heads at the 10 00 am meeting and noted that Register of Deeds Craig Olive had been unable to attend but was present at the 6 00 pm meeting Mr Hester thanked Mr Olive for his work with the County serving the citizens Commissioner Cookie Pope commended Mr Olive on his recent efforts in advocating for the successful passage of legislation providing authority for registers of deeds and clerks of court to redact social security and drivers license numbers from official documents posted on - line Commissioner Pope stated Mr Olive was instrumental in the passage of the legislation 3 Public Hearing – SHARP Incentive Grant – Stancil Project Advertised – In The Smithfield Herald – July 22 , 2009 The Chairman opened the public hearing Chris Johnson , Smithfield Downtown Development Corporation Director , asked the Board to consider partnering with the Town of Smithfield on an incentive grant for a project being developed by Larry Stancil located at the corner of North Seventh Street and Market Street in downtown Smithfield Mr Johnson noted that the incentive grant program won recognition by the North Carolina Main Street Community and he has given several presentations across the State on the plan Mr Johnson went on to say that Johnston County and the Town of Smithfield are leaders with the initiative Mr Johnson informed the Board that the Stancil Project site is within the Downtown Smithfield Development Corporation Municipal Service District and would be combining a number of blighted properties in the downtown area for improvement He noted that the Town of Smithfield approved the incentive grant at their July 7 , 2009 Council meeting Mr Johnson stated the project is similar to the industrial incentive grants that the County has issued in the past and he has contacted the Tax Administrator , Pat Goddard , who indicates the grant reimbursement procedure is a simple bookkeeping transaction in her office Mr Johnson introduced the developer , Larry Stancil He offered to answer any questions At the inquiry of Commissioner Jeffrey P Carver , Mr Stancil stated the approximate pre - tax value of all the properties combined is estimated to be 200,000 Page504 August 3 , 2009 – 6 00 pm Continued In response to questions from Commissioner Allen L Mims , Jr , County Manager Rick Hester stated a budget appropriation would be made each year for the next five years in order to account for funds that would be distributed under the grant program Mr Johnson also explained that the grant terms would consist of five years with the amount of the annual grant payment being the difference in the ad valorem tax payment from the pre - tax value and the post - tax value Mr Johnson clarified that the grant funds would be taken from tax payments made by Mr Stancil and not citizen tax dollars Mr Johnson presented a rendering of the proposed facility to the Board There being no further comments , the Chairman closed the public hearing Commissioner Allen L Mims , Jr moved the Board approve the County partnering with the Town of Smithfield on the SHARP incentive grant for the Stancil Project Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 4 Public Hearing Rezoning and Special Use Requests Cases 09 - 08 and 09 - 09 Advertised – In The Smithfield Herald – July 22 and 29 , 2009 Certified letters were mailed to adjoining property owners on July 20 , 2009 Notices were posted at the locations on May 20 , 2009 for Cases 09 - 08 and 09 - 09 The Chairman opened the Rezoning Hearing for Case 09 - 08 Case 09 - 08 Petition to rezone a 1013 acre tract located at 14224 Raleigh Road SR 1330 in Banner Township from Agricultural Residential AR to Industrial 2 - Special Use District I - 2 - SUD Tax ID 07F09025D Owner Applicant Barnhill Contracting Co , C O David Glover Planning Director Berry Gray stated the petition is to rezone a 1013 acre tract located at 14224 Raleigh Road in Banner Township from Agricultural Residential to Industrial 2 - Special Use District Mr Gray noted the special use permit request associated with the rezoning He stated the subject site is directly across the road from the Martin Marietta quarry and ST Wooten operates an existing asphalt plant to the north of the site Mr Gray stated the railroad track is located directly to the south and a residence is located to the west of the site He stated the area is designated as a primary growth area in the Comprehensive Land Use Plan and there is property zoned I - 2 to the north and east David Glover representing Barnhill Contracting Company , the applicant , offered to answer any questions by the Board Upon a question from Commissioner Cookie Pope , Mr Glover reported the Martin Marietta quarry across the street is their aggregate supplier Mr Gray stated the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 09 - 08 Decision on Rezoning Case 09 - 08 Case 09 - 08 Petition to rezone a 1013 acre tract located at 14224 Raleigh Road SR 1330 in Banner Township from Agricultural Residential AR to Industrial 2 - Special Use District I - 2 - SUD Tax ID 07F09025D Owner Applicant Barnhill Contracting Co , C O David Glover Commissioner W Ray Woodall moved the Board approve rezoning case 09 - 08 , to rezone a 1013 acre tract located at 14224 Raleigh Road in Banner Township from Agricultural Residential to Industrial 2 - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 09 - 08 Case 09 - 08 To allow for the construction and operation of a hot - mix asphalt manufacturing facility Owner Applicant Barnhill Contracting Co , C O David Glover PagePage pageNumber5505 August 3 , 2009 – 6 00 pm Continued Those wishing to speak on Special Use Case 09 - 08 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a hot - mix asphalt manufacturing facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 08 on April 30 , 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 June 16 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 08 and made the following recommendations Upon a motion by Mr Schulz to approve the request adding the additional acreage , seconded by Mr Browder and carried unanimously 9 - 0 , the Planning Board recommended preliminary approval , adding the entire acreage , of the Rezoning for Case 09 - 08 Upon a motion by Mr Browder to approve the Special Use Request , seconded by Mr DeLaine and carried unanimously 9 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 08 as listed below 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 ; Construction of an asphalt plant on this site Plant will be operated within all applicable environmental Applicant laws with regards to asphalt plant operations Plant will meet all NCDOT standards Staff In an effort to promote the public health , safety and general welfare , fencing and gates are proposed to be installed along the front property line All permits will be adhered to 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 This facility will have all storm water and air permits to meet Federal requirements for this type of facility Staff The intent of the I - 2 district is to provide for public and private heavy industrial uses A hot mix asphalt plant is in accordance with the intent of the I - 2 district Appropriate measures , such as using efficient , environmentally friendly equipment , will be taken to minimize emissions of smoke , dust , fumes , noise , and vibrations resulting from such industrial activities 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 This facility will be constructed to produce asphalt for local NCDOT’s , municipalities , and other road construction This facility is similar to others permitted on adjoining properties Staff Hot - mix asphalt plants are necessary for the public road system The site is adjacent to other industrial uses and railroad tracks , and is therefore well suited for its proposed use The facility will be fenced and gated along the front property line , and a Class C 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 The adjoining property is zoned I - 2 with asphalt plant already approved and permitted 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 Asphalt plant - hot mix asphalt production Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition PagePage pageNumber6506 August 3 , 2009 – 6 00 pm Continued 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Must obtain commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of a Class C buffer along all rezoning lines 3 large trees , 6 small trees , and 12 shrubs every 100 linear feet A natural vegetative buffer may be used in lieu of the Class C buffer if it is equally intense Where there is a fence , the vegetative buffer shall be planted on the exterior 5 All buildings on site must meet NC Commercial Building Codes 6 Development must comply with all local , state and federal laws related to asphalt production facilities , as well as the Johnston County Building Inspections department , Public Utilities , and Environmental Health 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Signage must comply with Sign Code 9 Hours of operation will be Monday thru Saturday , 24 hours a day 10 A fence shall be erected along the front property line facing Raleigh Road Mr Gray listed and reviewed each of the special use conditions with the Board At the inquiry of the Chairman , Mr Gray confirmed the special use conditions had been reviewed with the applicant Commissioner Allen L Mims , Jr asked about a piece of adjacent land near the railroad right - of - way that was to be added to the overall subject site He asked if the area had been included Mr Gray stated a special condition # 11 needed to be added to ensure that the additional area of land is included on the final site plan Mr Gray noted that the total acreage was adjusted in the rezoning to account for the additional area David Glover representing Barnhill Contracting Company , the applicant , stated when the final site plan is submitted they would include that additional area of land Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 09 - 08 Decision on Special Use Case 09 - 08 Case 09 - 08 To allow for the construction and operation of a hot - mix asphalt manufacturing facility Owner Applicant Barnhill Contracting Co , C O David Glover Based on the following findings of facts and the revised special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 08 allowing for the operation of a hot - mix asphalt manufacturing facility on a 1013 acre tract located at 14224 Raleigh Road in Banner Township Commissioner Cookie Pope 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 Must obtain commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of a Class C buffer along all rezoning lines 3 large trees , 6 small trees , and 12 shrubs every 100 linear feet A natural vegetative buffer may be used in lieu of the Class C buffer if it is equally intense Where there is a fence , the vegetative buffer shall be planted on the exterior 5 All buildings on site must meet NC Commercial Building Codes 6 Development must comply with all local , state and federal laws related to asphalt production facilities , as well as the Johnston County Building Inspections department , Public Utilities , and Environmental Health 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Signage must comply with Sign Code 9 Hours of operation will be Monday thru Saturday , 24 hours a day 10 A fence shall be erected along the front property line facing Raleigh Road 11 The final site plan shall include all 1013 acres subject to the rezoning The Chairman reopened the Rezoning Hearing for Case 09 - 09 PagePage pageNumber7507 August 3 , 2009 – 6 00 pm Continued Case 09 - 09 Petition to rezone 25 acres located at 4820 Lee Drive SR 1849 in Cleveland Township from Agricultural Residential AR to Industrial 1 - Special Use District I - 1 - SUD Tax ID 06E03023B Owner Applicant Billy R Strickland Planning Director Berry Gray stated the petition is to rezone 25 acres located at 4820 Lee Drive in Cleveland Township from Agricultural Residential to Industrial 1 - Special Use District Mr Gray noted the special use permit request associated with the rezoning He stated the site contains an existing double - wide mobile home that is used as an office with a workshop and storage for equipment and materials The surrounding zoning is Agricultural Residential , except for property nearby which contains a ministorage facility and outdoor storage facility for vehicles zoned General Business He noted the subject property is located within a primary growth area according to the Comprehensive Land Use Plan Mr Gray reported the rezoning came in as a violation , but noted the existing use has been on the property for some time which recently changed ownership and the new owner inherited the violation Billy Strickland , Owner Applicant , informed the Board that he purchased the property last September from his brother Mr Strickland stated since 1997 , they have used the property as a storage area and when his brother decided to sell the property , he purchased the site in order to consolidate his business 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 - 09 Decision on Rezoning Case 09 - 09 Case 09 - 09 Petition to rezone 25 acres located at 4820 Lee Drive SR 1849 in Cleveland Township from Agricultural Residential AR to Industrial 1 - Special Use District I - 1 - SUD Tax ID 06E03023B Owner Applicant Billy R Strickland Commissioner W Ray Woodall moved the Board approve rezoning case 09 - 09 , to rezone 25 acres located at 4820 Lee Drive in Cleveland Township from Agricultural Residential to Industrial 1 - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 09 - 09 Case 09 - 09 To allow for the operation of an office and shop for a grading and utility company Owner Applicant Billy R Strickland Those wishing to speak on Special Use Case 09 - 09 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 office and shop for a grading and utility company Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 09 on April 24 , 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 June 16 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 09 and made the following recommendations PagePage pageNumber8508 August 3 , 2009 – 6 00 pm Continued Upon a motion to approve by Mr Edwards , seconded by Mr Smith and carried by a vote of 9 - 0 , the Planning Board recommended preliminary approval of the Rezoning for Case 09 - 09 Upon a motion to approve by Mr Massengill with the change in hours , seconded by Mr Schulz and carried by a vote of 9 - 0 , the Planning Board recommended preliminary approval , with the change in hours , of the Special Use Conditions for Case 09 - 09 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 Since 1997 SCS has stored equipment and materials on this site when not needed on the job sites In September 2001 a shop was built under permit # 18750 From that time until present , equipment and trucks have been repaired at this shop , including mine In May of 2008 I bought the property and moved my office into the house thinking that I could consolidate my operation by having my office and shop at the same location I and my office manager are currently the only ones operating out of the office My mechanic operates out of the shop but spends most of his time on the job sites repairing equipment All of my field personnel report to the field every morning so there is minimum truck traffic to the office each day I park one dump truck and one flatbed truck on the site and they are used as needed Since receiving notice from Johnston County I have cleaned up the site and removed all untagged vehicles from the site The remaining equipment on the site is either being repaired or waiting to go to a job site When servicing equipment and trucks I have approved storage containers to hold waste oil and fluids and an authorized service company removes them periodically We comply with all OSHA regulations and have weekly safety meetings The road in the adjacent subdivision , the narrow strip of land between the road and this property , the line of trees on the left side of the property , and the strip of woods on the backside of the property serve as significant buffers between this property and the adjacent rental properties There are ministorage warehouses across the street A tractor trailer tanker is parked at one of the houses every night This would not be the only business in the immediate area The location is beside several residences and across the street from a mini - storage facility It is generally well Staff screened by natural vegetation The parcel has been used for business purposes since 1997 according to applicant The site has been cleaned up , with more improvements planned for the future The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The well and septic system were installed and approved by the proper authorities for this property Since there are only two people in the office for the majority of the time the actual use of these facilities is much less than a family living there using the bathrooms , washing clothes and taking showers The shop was built under permit # 18750 and inspected and approved by the Johnston County inspections department The intensity per acre is much less for this property than the adjacent property with it duplex units Noise will be kept to a minimum on this property because most of the equipment stays on the job sites and is repaired on the job sites Most of the equipment repairs that occur on the property will be done inside the shop The equipment that remains on site will be parked at the back of the property so as to minimize the view from the road For the same reason the materials stockpiled on site will be placed behind the shop in an orderly fashion Located at the back of the property is an undisturbed strip of woods , a street right of way , and the paved street providing additional shielding and further isolating this property from the neighbors 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 Since purchasing the property I have removed old vehicle bodies , old car parts , scrap metal , trash , and other debris left by the previous owner Stone has been added at the driveway entrances to eliminate mud on the streets from this site A camper trailer set up by the previous owner has been removed A parking area has been neatly added at the front of the building as well as sod and a sidewalk New , safe , sturdy steps with handrails have replaced the old dilapidated steps at both front doors The office building has been power washed The new steps , the porches , and the trim on the house have been cleaned up , painted and reorganized Siding has been placed on one of the buildings further improving the site aesthetically Much of the area has been dressed up , seeded , and strawed More landscaping and improvements are planned for the future These efforts alone enhance the values of the contiguous properties , many of which are in various stages of disarray Since I service only my own equipment there is much less traffic coming to the property than there was with the previous owner The previous owner repaired , built , and painted classic cars , race cars , and drag cars as well as concrete trucks and modern day vehicles Loud noise from cranking and running these vehicles , once a nuisance , is now eliminated Also all painting operations on this site have ceased Eliminating much of the loud noise factor and the painting operations makes me feel that my business raises the standards of consideration for the neighborhood and the neighbors The house is now being used for an office and the shop is used only to service my vehicles and equipment Currently the property is less cluttered and more organized that it has been in years with much less traffic going in and out and much less noise originating from this site These efforts have enhanced the value of the contiguous property greatly since I moved in The site has been cleaned up considerably since the violation was first reported to this office A fence will be Staff erected so that all outside storage will not be visible from the surrounding properties There is adequate room forPagePage pageNumber9509 August 3 , 2009 – 6 00 pm Continued parking , and much of the required landscape buffer is already in place due to dense natural vegetation In addition to the existing vegetation , a Class C buffer shall be planted on all other rezoning lines This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The development will conform to the county’s adopted policies and regulations 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 Office and shop for grading and utility company 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 days a week , 6 00 am to 10 00 pm , 4 All signage shall comply with the sign code 5 A Class C landscape buffer shall be installed along all rezoning lines 3 large trees , 6 small trees , and 16 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class C buffer if equal or more intense 6 All buildings and or structures must comply with rules enforced by the following department and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NCDOT 7 Lighting , if any , shall be engineered so as not to shine onto adjacent properties 8 No outdoor storage of any kind unless surrounded by an 8 ’ opaque fence or wall which shall be permitted by the Johnston County Building Inspections Department 9 No hazardous materials will be stored on site 10 All waste oil and fluids shall be disposed of in accordance with state and or federal guidelines Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray stated the request came in as a violation ; however , he noted the applicant has been forthcoming in his efforts to bring the property into compliance Mr Gray reported the applicant has cleaned up the property considerably to remove some of the debris on site Commissioner Cookie Pope noted her concerns with the grammar in special condition # 5 Mr Gray suggested revising the condition to state “ A Class C landscape buffer shall be installed along all rezoning lines 3 large trees , 6 small trees , and 16 shrubs every one hundred 100 linear feet with the exception of existing natural vegetation that may be acceptable in lieu of the Class C buffer if equal or more intense ” Billy Strickland , Owner Applicant , confirmed that he was acceptable to the special use conditions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 09 Decision on Special Use Case 09 - 09 Case 09 - 09 To allow for the operation of an office and shop for a grading and utility company Owner Applicant Billy R Strickland Based on the following findings of facts and the revised special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 09 allowing for the operation of an office and shop for a grading and utility company on 25 acres located at 4820 Lee Drive in Cleveland Township Commissioner Cookie Pope 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 days a week , 6 00 am to 10 00 pm , 4 All signage shall comply with the sign code 5 A Class C landscape buffer shall be installed along all rezoning lines 3 large trees , 6 small trees , and 16 shrubs every one hundred 100 linear feet with the exception of existing natural vegetation that may be acceptable in lieu of the Class C buffer if equal or more intense Page0510 August 3 , 2009 – 6 00 pm Continued 6 All buildings and or structures must comply with rules enforced by the following department and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NCDOT 7 Lighting , if any , shall be engineered so as not to shine onto adjacent properties 8 No outdoor storage of any kind unless surrounded by an 8 ’ opaque fence or wall which shall be permitted by the Johnston County Building Inspections Department 9 No hazardous materials will be stored on site 10 All waste oil and fluids shall be disposed of in accordance with state and or federal guidelines 5 Public Hearing – LDC Amendment § 14 - 75 b _Duplex Two Unit Townhouse Advertised – In The Smithfield Herald – July 22 and 29 , 2009 The Chairman opened the public hearing Planning Director Berry Gray recalled that staff had brought a proposed amendment to the Land Development Code regarding the splitting of a duplex with a lot line which creates a two unit townhome to the Board in June Mr Gray noted that the Board tabled a decision on the amendment to allow staff time to further research possible Department of Insurance requirements as well as get clarification on building code requirements Mr Gray reported staff has revised the proposed amendment in conjunction with the Inspections Department as well as the Department of Insurance and is now requesting the Board’s approval Mr Gray reviewed an updated version of the amendment which includes changes incorporated by the Planning Department He offered to answer any questions Richard Bolyard , 405 Scotts Ridge Trail , Apex , asked the Board to keep in mind that separate wells and septic systems need to be taken into account when considering the amendment Mr Gray stated the amendment does include language stating the townhome must have a separate septic system for each unit He noted a site plan would be required for the Planning Board to review and approve which would necessitate the review by the Environmental Health Department to ensure compliance for wells and septic systems There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the following amendment to the Land Development Code Section 14 - 75 b 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 Add the following text 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 duplex dwelling is established on a common lot with no zero lot line separating the two living areas 13 Two Unit Townhouse a A zero lot line along the common wall can be established creating a two unit townhouse only prior to construction of the structure to ensure that it meets appropriate building and fire code standards , as established by the NC Residential Building Code Exception will be given to those units originally constructed to townhouse standards b A zero lot line can be established 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 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 townhome location , septic system , driveways , and setbacks e For clarification , a duplex as described in this chapter cannot be converted into a two unit town home with the establishment of a zero lot line unless it was initially constructed to townhouse standards Page1511 August 3 , 2009 – 6 00 pm Continued f An agreement must be in place and recorded in the office of the Register of Deeds to ensure proper maintenance of the structure 6 Call for Public Hearing LDC Amendment § 14 - 177 , 592 , 633 – Subdivision Appeals Planning Director Berry Gray requested the Board to schedule a public hearing to discuss the proposed amendment to the Land Development Code as it relates to the process for appeals of the Planning Board’s decisions related to major subdivisions The Chairman scheduled the public hearing for the September 8 , 2009 6 00 pm meeting 7 Public Comment continued A Torture of Children Detainees Connie Nash of western North Carolina shared with the Board her concerns regarding children that are allegedly detained and tortured through the CIA and provided the Board with statistical data that she had gathered and prepared on this subject 8 Manager Reports and Comments A Budget Revision County Manger Rick Hester requested the Board to approve budget revisions for 150,000 to transfer funds from the Public Utilities Enterprise Fund to the Central Johnston Industrial Park fund to allow for the payment of design and engineering costs associated with the Four Oaks Industrial Business Park Mr Hester noted that any decisions regarding advertising for bids for construction contracts on the work would first have to be approved by the Board of Commissioners prior to advertisement Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the following budget revisions BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 66 77107385 Central Johnston Industrial Park 50,00000 67 78107385 Central Johnston Industrial Park 50,00000 68 79007385 Central Johnston Industrial Park 50,00000 TOTAL NET EXPENDITURES 150,00000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 66 771033990 Fund Balance Appropriated 50,00000 67 781033990 Fund Balance Appropriated 50,00000 68 790033990 Fund Balance Appropriated 50,00000 TOTAL NET REVENUE 150,00000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION EXPENDITURE CODE INCREASE DECREASE 21 56017385 Central Johnston Industrial Park 150,00000 TOTAL NET EXPENDITURES 150,00000 BUDGET REQUESTED CHANGE FUND LINE ITEM CLASSIFICATION REVENUE CODE INCREASE DECREASE 21 560137925 Transfer from Other Funds 150,00000 TOTAL NET REVENUE 150,00000 9 Board Reports and Comments A Stimulus FundsPage2512 August 3 , 2009 – 6 00 pm Continued Commissioner Tony Braswell reported that at the recent NACO conference , he had the opportunity to speak with the President’s Aide working with the stimulus funds and he expressed Johnston County’s frustrations with the application and funding procedures In response to the County’s concerns , Commissioners Braswell and W Ray Woodall stated they were invited to sit - in on a future telephone conference with Vice - President Joe Biden to discuss such concerns There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 7 20 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage