October 5, 2009 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 555 Meeting of the Johnston County Board of Commissioners October 5 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 5 , 2009 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm Commissioner W Ray Woodall opened the meeting with a prayer Commissioner Tony Braswell led those in attendance in the pledge of allegiance to the American flag 1 Public Comments A Request from Sylvester Holder Sylvester Holder , 235 Crocker’s Nub Road , submitted a petition to the Board requesting that the water tower under construction in the vicinity of Hwy 222 and Antioch Road have the lettering “ DIXIE COMMUNITY ” along with “ Johnston County ” painted on the tower when construction is completed Mr Holder provided the Board with a historical background of the area and noted that in 1919 , Dixie was a town He offered to answer any questions Following discussion , the Board asked the County Manager look into the request and report back with more details B Thank You to Bengie Braswell and Kenly Fire Dept from Emergency Services Kim Robertson , Director of Emergency Services , introduced Bengie Braswell , Volunteer Firefighter with the Kenly Fire Department and Kenly Fire Chief Paul Whitehurst Ms Robertson noted that Mr Braswell is employed by Brock Contract Services which performs carpeting services Ms Robertson informed the Board that Mr Braswell’s company was gracious enough to donate 2,500 sf of carpet for the Benson EMS facility She stated the carpet was badly needed and would not have been possible if it were not for the donation by Mr Braswell and his company The Board thanked Mr Braswell and his company for the donation C Emergency Services – Ambulance Remount Kim Robertson , Director of Emergency Services , reported the EMS contracts require any purchases over 25,000 to be approved by the Johnston County Emergency Services Advisory Committee She informed the Board that Johnston County EMS will be remounting an ambulance stationed with the Kenly EMS unit and will be using funds from a donation made possible by the late Ms Jesse Mothershead Ms Robertson stated Ms Mothershead left 33,808 to be used for the Kenly EMS unit to benefit the citizens of Kenly Ms Robertson noted that she has adequate funds to cover the remaining cost of the project and the EMS Advisory Committee has approved the project and asked that Ms Robertson inform the Board of Commissioners County Manager Rick Hester indicated no action was necessary by the Board since the funds are available in the Emergency Services budget At the inquiry of Chairman Wade M Stewart , Ms Robertson reported she is working on a plaque of some type to be placed on the ambulance in recognition of the gift by Ms Mothershead Ms Robertson also noted that Ms Kathleen Radford , relative of Ms Mothershead , was instrumental throughout the process Commissioner Tony Braswell asked that Ms Robertson have some type of public announcement or press release on the recognition Page556 October 5 , 2009 – 6 00 pm Continued Ms Robertson also recognized and thanked Kenly Fire Chief Paul Whitehurst and the Kenly Fire Department for allowing the Kenly EMS unit to be housed in the Kenly fire station Commissioner Cookie Pope commented that the items presented by the Emergency Services Department are wonderful examples of citizens giving back to their community 2 Public Hearing Rezoning and Special Use Requests Cases 09 - 12 and 09 - 13 Advertised – In The Smithfield Herald – September 23 and September 30 , 2009 Certified letters were mailed to adjoining property owners on September 21 , 2009 Notices were posted at the locations on July 23 , 2009 for Cases 09 - 12 and 09 - 13 Announcement Regarding Order of Rezoning Cases Chairman Wade M Stewart announced that due to the large number of people in attendance for Case 09 - 13 , it would be heard first The Chairman opened the Rezoning Hearing for Case 09 - 13 Case 09 - 13 Petition to rezone 1018 acres of a 1915 acre tract located on Polenta Road SR 1330 in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06F04199F Owner Jimmy Austin and Linwood Jones Applicant Cleveland Pop Warner Association , Inc Planning Director Berry Gray stated the petition is to rezone 1018 acres of a 1915 acre tract located on Polenta Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the surrounding zoning is Agricultural Residential and used for such purposes The site is presently unimproved Dave Gooding , 200 Granite Lane , Clayton spoke on behalf of the applicant Mr Gooding reported the site is being used as a place to practice youth football and the owners have been kind enough to provide the property for their use Mr Gooding explained that he was unaware a permit was needed when they began and are now trying to come into compliance He stated the association has approximately 200 participants from an estimated 175 families and their games are played at West Johnston High School Mr Gooding clarified that the subject site is only used for practice during week nights and there is currently no week - end activity Commissioner DeVan Barbour asked about lighting for the field Mr Gooding reported they presently utilize portable lighting when needed He noted the portable lighting shines directly down on the field Commissioner Allen L Mims , Jr stated he believed only one other person spoke at the Planning Board meeting on the case , and once that individual found out the proposed use , he was agreeable Commissioner Cookie Pope stated she is the closest resident to the subject site and she has no issues with the proposed use Michelle Burns , 130 Lakeside Circle , Willow Springs , also informed the Board that there would be four cheerleading teams practicing on the site as well , if approved 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 - 13 Decision on Rezoning Case 09 - 13 Case 09 - 13 Petition to rezone 1018 acres of a 1915 acre tract located on Polenta Road SR 1330 in Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06F04199F Owner Jimmy Austin and Linwood Jones Applicant Cleveland Pop Warner Association , Inc Commissioner Cookie Pope moved the Board approve rezoning case 09 - 13 to rezone 1018 acres of a 1915 acre tract located on Polenta Road in Cleveland Township from Agricultural Residential to AgriculturalPage557 October 5 , 2009 – 6 00 pm Continued Residential - Special Use District Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 09 - 13 Case 09 - 13 To allow for an outdoor recreation facility youth football and cheerleading that will be in use annually from August through November Owner Jimmy Austin and Linwood Jones Applicant Cleveland Pop Warner Association , Inc Those wishing to speak on Special Use Case 09 - 13 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 an outdoor recreation facility youth football and cheerleading that will be in use annually from August through November Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 13 on June 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 August 18 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 13 and made the following recommendations Upon a motion by Mr Browder to approve the request , seconded by Mr DeLaine and carried by a vote of 9 - 0 , the Planning Board recommended preliminary approval of the Rezoning for Case 09 - 13 Upon a motion by Mr Browder to approve the Special Use Request with a condition limiting public address systems , seconded by Mr DeLaine and carried a vote of 9 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 13 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 ; Applicant See Attachment “ A ” Staff The site is surrounded by mostly agricultural and residential uses The applicant is proposing to have football practice several nights a week after school and pep rallies spirit rallies on some Saturdays Games are played at other fields 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 use complies as stated in the land development code table of community business - CB with a special use attachment to limit to only specified usage Code used CB - SUD 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 Gated entrance and exit driveways with designated parking and portable toilet facilities Two sides buffered with trees No permanent structures exist or are planned Four practice fields with portable self - powered light Portable refreshment stands Staff The location provides a convenient place for local children to recreate There will be a gate at the entrance to the field that will be locked when the field is not in use by Pop Warner There will be adequate parking and buffers in place to protect adjacent properties Lighting will be dark - sky and engineered so as not to shine on adjacent properties Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Page558 October 5 , 2009 – 6 00 pm Continued Applicant The site is in a primary growth area of the county and provides a much needed service to around 200 children ages 5 - 12 years old No such service is currently provided for this age class children for football and cheer by the county schools The rural setting of the property should reduce noise and traffic concerns 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 Football , cheer and spirit practices with two spirit days pep rallies Requested usage months are August , September , October and November See Attachment “ A ” for more details Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Signage can be one free - standing , ground - mounted sign , maximum 16 sq ft in area , maximum 6 ’ in height ; no pole sign ; must obtain proper permits 3 No adult leagues , and only members of the Cleveland Pop Warner Association will be using the facility , no other leagues or teams may rent out the field 4 No alcohol allowed on site 5 Lighting shall be dark sky and engineered so as not to shine on adjacent properties 6 Installation of 50 ft buffer along all rezoning lines st th 7 Hours of operation Monday - Friday 4 30pm - 9 30pm , August 1 though November 30 8 Owner will be responsible for proper disposal of all trash and debris No solid waste shall be found on site 9 Letter of approval from the Environmental Health for the sanitary facilities must be submitted prior to issuing a Land Use Permit 10 No permanent bleachers or concession stand on site 11 Secure for off - hours by a security gate across the driveway access 12 Minimum of 60 parking spaces per field ; all parking on premises ; no parking on road 13 Artificial noise makers , or public address systems will not be allowed Changes or additions in bold Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray clarified that condition # 6 does not include plantings , just a 50 ft setback Dave Gooding , 200 Granite Lane , Clayton spoke on behalf of the applicant Mr Gooding stated they understand all the special use conditions He asked the Board to consider revising condition # 7 to allow practice th to continue until December 15 He noted that if any of the teams play in the championship tournaments , they may need the extra time to practice Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 09 - 13 Decision on Special Use Case 09 - 13 Case 09 - 13 To allow for an outdoor recreation facility youth football and cheerleading that will be in use annually from August through November Owner Jimmy Austin and Linwood Jones Applicant Cleveland Pop Warner Association , Inc 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 - 13 allowing for an outdoor recreation facility youth football and cheerleading that will be used annually from th August through December 15 on 1018 acres of a 1915 acre tract located on Polenta Road 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 Signage can be one free - standing , ground - mounted sign , maximum 16 sq ft in area , maximum 6 ’ in height ; no pole sign ; must obtain proper permits 3 No adult leagues , and only members of the Cleveland Pop Warner Association will be using the facility , no other leagues or teams may rent out the field 4 No alcohol allowed on site 5 Lighting shall be dark sky and engineered so as not to shine on adjacent properties 6 Installation of 50 ft buffer along all rezoning lines st th 7 Hours of operation Monday - Friday 4 30pm - 9 30pm , August 1 through December 15 8 Owner will be responsible for proper disposal of all trash and debris No solid waste shall be found on site PagePage pageNumber5559 October 5 , 2009 – 6 00 pm Continued 9 Letter of approval from the Environmental Health for the sanitary facilities must be submitted prior to issuing a Land Use Permit 10 No permanent bleachers or concession stand on site 11 Secure for off - hours by a security gate across the driveway access 12 Minimum of 60 parking spaces per field ; all parking on premises ; no parking on road 13 Artificial noise makers , or public address systems will not be allowed The Chairman reopened the Rezoning Hearing for Case 09 - 12 Case 09 - 12 To rezone 3326 acres located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township from Interstate Highway District IHI , Heavy Industrial I2 , and Agricultural Residential AR to Interstate Highway - Special Use District IHI - SUD Tax ID 06E02002 , 06D01022 , 06D01015J , 06D01015H , 06E02002E , 06E02002F , 06E02002G , part of 06D01015A Owner Son - Lan Classic Development Co , LLC ; Donald Ray West and Myra June Canaday West Applicant Crosland Investments , LLC , Austin Williams Planning Director Berry Gray stated the petition is to rezone 3326 acres located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township from Interstate Highway District , Heavy Industrial , and Agricultural Residential to Interstate Highway - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the site is presently vacant The property to the north and east by Swift Creek is zoned Agricultural Residential and used for residences ; property to the south by NC Hwy 42 and River Oaks Development is zoned Interstate Highway District , Heavy Industrial , and General Business – Special Use District for commercial businesses ; and property to the west by Interstate 40 is zoned Interstate Highway District and is partially vacant with some commercial and industrial businesses He noted the area is located within a designated Regional Center on the County’s Comprehensive Land Use Plan Austin Williams of Crosland Investments , 5020 Western Parkway , Cary , the applicant , reviewed a PowerPoint Presentation with the Board outlining similar projects that they have completed in other areas Mr Williams stated that when Crosland acquired the site , they immediately began working with the County’s Planning Department staff to ensure that the proposed uses of the property would be feasible with the County’s intentions for the area Mr Williams provided the Board with background information on their company and the services they provide He noted they have had an office in this region since the 1990 ’ s Mr Williams stated the opportunity is not just about retail , but also about job opportunities and creating amenities for the area Mr Williams offered to answer any questions by the Board 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 - 12 Decision on Rezoning Case 09 - 12 Case 09 - 12 To rezone 3326 acres located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township from Interstate Highway District IHI , Heavy Industrial I2 , and Agricultural Residential AR to Interstate Highway - Special Use District IHI - SUD Tax ID 06E02002 , 06D01022 , 06D01015J , 06D01015H , 06E02002E , 06E02002F , 06E02002G , part of 06D01015A Owner Son - Lan Classic Development Co , LLC ; Donald Ray West and Myra June Canaday West Applicant Crosland Investments , LLC , Austin Williams Motion Commissioner Cookie Pope moved the Board approve rezoning case 09 - 12 to rezone 3326 acres located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange in Cleveland Township from Interstate Highway District , Heavy Industrial , and Agricultural Residential to Interstate Highway - Special Use District Commissioner W Ray Woodall seconded the motion Further Discussion Commissioner Jeffrey P Carver stated that he would like to discuss the schedule of construction along with traffic improvements that need to be made in the area Commissioner Carver noted he has received many calls from citizens in the area regarding the traffic congestion and the issue needs to be addressed PagePage pageNumber6560 October 5 , 2009 – 6 00 pm Continued Planning Director Berry Gray stated staff has been advised that the build - out year is 2015 Mr Gray further stated that traffic congestion is an issue in the area and Crosland was required to submit a Traffic Impact Analysis He reported that staff met with the County’s transportation consultant along with representatives from the Department of Transportation to ensure the analysis was acceptable Mr Gray noted that the County’s DOT District Engineer , Tim Little , made a final review of the traffic requirements and has included a letter with his recommended list of improvements as is outlined on a map provided to and on file in the Planning Department Mr Gray stated the improvements include lane widenings , turn lanes , traffic signal adjustments and monitoring to help traffic flow better Vote The motion carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 09 - 12 Case 09 - 12 To allow for all uses allowed under the IHI zoning designation EXCEPT adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but INCLUDING specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , and veterinary hospital Owner Son - Lan Classic Development Co , LLC ; Donald Ray West and Myra June Canaday West Applicant Crosland Investments , LLC , Austin Williams Those wishing to speak on Special Use Case 09 - 12 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 all uses allowed under the IHI zoning designation except adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but including specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , and veterinary hospital Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 12 on March 13 , 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 August 18 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 12 and made the following recommendations Upon a motion by Mr Browder to approve the request as presented , seconded by Mr DeLaine and carried by a vote of 9 - 0 , the Planning Board recommended preliminary approval of the Rezoning for Case 09 - 12 Upon a motion by Mr Schulz to approve the Special Use Request with conditions added related to improvement responsibility , improvement schedule and architectural standards , seconded by Mr Gathers and carried a vote of 8 - 1 with DeLaine dissenting , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 12 as listed below PagePage pageNumber7561 October 5 , 2009 – 6 00 pm Continued Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The Development is located directly adjacent to Interstate 40 , with proposed entrances approximately 1,220 and 3,360 feet from the center of the I - 40 NC 42 interchange It is located on the opposite side of NC 42 from an existing Lowe’s Home Improvement and an approved WalMart development The property is currently zoned I - 2 and a portion of the property lies within the IHI overlay district The proposed zoning reclassification is IHI special Use District The land design is intended to facilitate a multi - use development including shopping , dining , lodging , entertainment , institutional , corporate and professional offices , and residential uses The Development will emphasize controlled access , curb appeal , efficient traffic flow , and safety The Development will utilize two access points on NC 42 and will carry out and abide by the recommendations and directives of the Traffic Impact Analysis currently being conducted Staff The current zoning allows for heavy industrial development which could have a greater impact on public health and safety than the proposed zoning The area is primarily commercial with no immediate adjacent single family residential uses No construction is proposed within the wetlands and flood plain of Swift Creek A traffic analysis was evaluated by NCDOT and the County’s consultant to ensure adequate flow of traffic 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 Development will comply with all local , state , and federal building codes and regulations and shall meet or exceed all landscaping , parking , lighting , and runoff requirements Additional restrictions forbidding undesirable uses are incorporated herein to the IHI Special Use District application Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code Since this is a special use case , the proposed development will be limited based on the conditions of approval 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 Area demographics over the past two decades reveal that the area surrounding the Development has changed from largely agricultural to residential made up of citizens with disposable income , who currently travel several miles to other communities for shopping , medical needs , dining , professional services , and employment The Development is consistent with adjacent properties , which are currently in use as restaurants , retail , and lodging , and is in close proximity to many residential neighborhoods The proposed uses are much needed , and keeping the existing residents in the area will benefit not just the Development but also all of the businesses and developments in the area of the interchange Its location adjacent to an interested highway makes the Development the best and highest use of the property Any additional traffic will be mitigated by such improvements as may be directed based on the results of the Traffic Impact Analysis currently in progress Staff The proposed development is bordered by existing commercial development compatible with the proposed uses A natural buffer exists to the north and east due to the undisturbed floodplain and buffers of Swift Creek The area is near the 40 42 interchange with part of the property already in the Interstate Highway Interchange District 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 is located immediately adjacent to the existing IHI district a portion of the property lies within the IHI district and will therefore be consistent with other developments and with the current development policies for the area Developer has communicated frequently with Staff in order to be fully apprised of the county’s policies so as to make all plans in conformity therewith All aspects of the Development shall comply with applicable land development codes and conditions as imposed or expressed by the Planning Board The buildings constructed in the Development shall be designed and constructed so that the exterior elevation shall be architecturally and aesthetically consistent and compatible The design and construction shall be of high quality , consistent with projects performed by the Developer in the past No building constructed on the property shall exceed 60 ’ including all mechanical improvements and architectural embellishments in height above finished grade NO building shall have a metal exterior Any rooftop equipment constructed on the buildings shall be screened so as not to be visible from the mean finished elevation of the respective parking area Any portion of the buildings facing the interstate shall be aesthetically attractive and all garbage receptacles shall be located and screened from travelers on the interstate 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 as well as all traffic improvement requirements prescribed by the Traffic Impact Analysis and NCDOT Specific Land Uses APPLICANT All uses allowed under the IHI zoning designation EXCEPT adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but INCLUDING specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , and veterinary hospital PagePage pageNumber8562 October 5 , 2009 – 6 00 pm Continued 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 Department Staff 3 Submission of a unified sign plan for review and approval by the Planning Department Staff 4 No portion of the development will be used for adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks 5 No uses permitted by the Heavy Industrial I2 and Agricultural Residential AR Zoning Districts will be allowed unless specifically allowed by the Special Use Permit 6 Hours of operation shall be 24 hours , Monday through Sunday 7 A Class A landscape buffer shall be installed along all rezoning lines 2 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 8 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 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 New access points onto NC 42 shall be limited to one full service street aligned with the existing WalMart access signal light and two right - in right - outs as shown on the site plan 11 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements 12 The 100 year floodplain and riparian buffer along Swift Creek shall not be disturbed 13 A 100 ’ riparian buffer shall be applied along Swift Creek 14 Signage or pavement markings shall be utilized for the far right turn lane on the eastbound exit ramp indicating that the lane shall turn right at Glen Road 15 All traffic improvements required through the Traffic Impact Analysis and as shown on a map kept on record at the Johnston County Planning Department created by Kimley - Horn and Associates , Inc and entitled Crosland Assemblage – River Oaks , dated 8 - 3 - 09 16 The Developer will be responsible for all required traffic improvements 17 Developer will work with staff and the TIA Consultants to develop a schedule to ensure that improvements stay ahead of the development The schedule should be complete prior to the Board of Commissioners hearing in October , 2009 18 Subsequent site plan submittals to Planning staff shall contain architectural design standards comparable to or equal to those shown on the slide presentation labeled as Exhibit # 1 located within the Case 09 - 12 Rezoning File on record at the Johnston County Planning Department Modifications made by the Planning Board are denoted with bold text Mr Gray reiterated his earlier comments from the rezoning hearing that a Traffic Impact Analysis TIA was required and staff met with the developer , the County’s transportation consultant , and representatives from the Department of Transportation to identify and tailor the parameters of the study to ensure that the integrity of the County’s guidelines were met He pointed out that there is some exclusions of uses within the proposed permit request Mr Gray listed and reviewed each of the special use conditions with the Board He added that the Board may want to consider adding the language “ or as required by DOT ” to special condition # 14 Mr Gray also added that in accordance with condition # 17 , the applicant has submitted the schedule for traffic improvements which has been reviewed by staff He noted that the schedule calls for 100 of the traffic improvements to be installed by the time 50 of the development construction is complete At the inquiry of Commissioner Cookie Pope , Mr Gray outlined a map of the area and the surrounding land owners Commissioner Allen L Mims , Jr noted that the Planning Board had closely evaluated the proposed traffic improvements and had added a few needed conditions to the request , which he felt the Board should incorporate into the permit , if approved David Mills , Attorney representing Crosland , the applicant , stated that Crosland is aware of the conditions and will comply Mr Mills indicated that Crosland has worked with the County staff , the Planning Board , and the DOT representatives to make the project work for the County He noted that the development will cause increased traffic ; however , he stated that the benefits of the project will outweigh any detriment that comes from the additional growth Mr Mills also stated he appreciated the professionalism of the Planning Department staff throughout the process Commissioner Pope stated she has received phone calls from some of the business owners in the area regarding the proposed development She commented that the business owners she heard from were excited over the prospect and the increased traffic it would bring to their stores There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 12 PagePage pageNumber9563 October 5 , 2009 – 6 00 pm Continued Decision on Special Use Case 09 - 12 Case 09 - 12 To allow for all uses allowed under the IHI zoning designation EXCEPT adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but INCLUDING specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , and veterinary hospital Owner Son - Lan Classic Development Co , LLC ; Donald Ray West and Myra June Canaday West Applicant Crosland Investments , LLC , Austin Williams Commissioner Allen L Mims , Jr noted that staff had a suggested addition for condition # 14 County Attorney Mark Payne suggested adding the language “ developer will complete the traffic improvements project consistent with the schedule provided to the County ” to special condition # 17 , if approved Based on the following findings of facts and the revised special use conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 12 allowing for all uses allowed under the IHI zoning designation EXCEPT adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks ; but INCLUDING specifically art galleries , barber beauty shop , building materials supplies , car wash , church , club private public , community facility , day care center children , dry cleaning , mini - storage , museum , residential dwelling - within office commercial building ie , mixed use , research activities , theater , tire sales , vehicle sales recreational , and veterinary hospital on 3326 acres located on NC Hwy 42 in the northeast quadrant of the I - 40 NC 42 Interchange 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 Department Staff 3 Submission of a unified sign plan for review and approval by the Planning Department Staff 4 No portion of the development will be used for adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks 5 No uses permitted by the Heavy Industrial I2 and Agricultural Residential AR Zoning Districts will be allowed unless specifically allowed by the Special Use Permit 6 Hours of operation shall be 24 hours , Monday through Sunday 7 A Class A landscape buffer shall be installed along all rezoning lines 2 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 8 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 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 New access points onto NC 42 shall be limited to one full service street aligned with the existing WalMart access signal light and two right - in right - outs as shown on the site plan 11 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements 12 The 100 year floodplain and riparian buffer along Swift Creek shall not be disturbed 13 A 100 ’ riparian buffer shall be applied along Swift Creek 14 Signage or pavement markings shall be utilized for the far right turn lane on the eastbound exit ramp indicating that the lane shall turn right at Glen Road , or as required by DOT 15 All traffic improvements required through the Traffic Impact Analysis and as shown on a map kept on record at the Johnston County Planning Department created by Kimley - Horn and Associates , Inc and entitled Crosland Assemblage – River Oaks , dated 8 - 3 - 09 16 The Developer will be responsible for all required traffic improvements 17 The Developer will complete the traffic improvements project consistent with the schedule provided to the County Page0564 October 5 , 2009 – 6 00 pm Continued 18 Subsequent site plan submittals to Planning staff shall contain architectural design standards comparable to or equal to those shown on the slide presentation labeled as Exhibit # 1 located within the Case 09 - 12 Rezoning File on record at the Johnston County Planning Department 4 Manager Reports and Comments None 5 Board Reports and Comments A Recognition of Boy Scout Chairman Wade M Stewart recognized Boy Scout Justin Best of Willow Springs in the audience Justin informed the Board that he was attending the meeting in order to obtain his Citizenship Badge B Request from C3 Church at the 10 00 am Meeting Commissioner Allen L Mims , Jr recalled the request by the C3 Church from the 10 00 am meeting He noted that in the past , the Board has not required turn lanes for churches ; however , the County has never had a church as large as the C3 Church Commissioner Mims suggested discussing a requirement for turn lanes for larger churches in the future with the Planning Board and get their input 6 Comments by County Attorney Mark Payne County Attorney Mark Payne reported this would be his last Board meeting with Johnston County He informed everyone that he will be leaving Johnston County to accept a new position out - of - county Mr Payne stated he is honored to have been the Johnston County Attorney and worked with all the staff members in each department He stated he hopes that his next experience will be as rewarding as his time in Johnston County He thanked the Board for allowing him to serve the County The Board wished Mr Payne well on his future and thanked him for his service to Johnston County The Commissioners stated Mr Payne will be missed David Mills , Attorney in Smithfield , stated that on behalf of the Johnston County Bar Association , he would like to thank Mr Payne for his work in the County There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 05 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage