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

10 587 Meeting of the Johnston County Board of Commissioners November 2 , 2009 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 2 , 2009 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm Commissioner Jeffrey P Carver led those in attendance in the pledge of allegiance to the American flag 1 Public Comments A Recognition of Boy Scouts in Attendance Chairman Wade M Stewart recognized two Boy Scouts in the audience and asked for them to come forward and address the Board Boy Scouts Whitley Stevens and Will Creech of Four Oaks introduced themselves and noted they are working on becoming Life Scouts The Board wished the young men well on their future endeavors 2 Public Hearing Rezoning and Special Use Requests Cases 585 , 09 - 14 and 09 - 15 Advertised – In The Smithfield Herald – October 21 and 28 , 2009 Certified letters were mailed to adjoining property owners on October 19 , 2009 Notices were posted at the locations on August 20 , 2009 for Cases 585 , 09 - 14 and 09 - 15 The Chairman opened the Special Use Hearing for Case 585 Case 585 Petition to modify a Special Use Permit for property located at 5876 NC Hwy 50 North in Elevation Township The property is currently zoned Community Business Special Use District CB - SUD to allow for a bait and tackle shop Requested modification is to allow for bait and tackle shop and the sale of sporting goods to include firearms hunting , camping , fishing , boating and other recreational equipment Hunter and firearms safety classes ; archery range ; and display for sales of no more than three 3 boats Tax ID 07E07018D Owner Steven Reed Johnson Applicant Daniel Simmons Those wishing to speak on Special Use Case 585 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify a special use permit for property located at 5876 NC Hwy 50 North in Elevation Township The property is currently zoned Community Business Special Use District to allow for a bait and tackle shop The requested modification is to allow for a bait and tackle shop and the sale of sporting goods to include firearms hunting , camping , fishing , boating and other recreational equipment , hunter and firearms safety classes ; archery range ; and display for sales of no more than three boats Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 585 on July 31 , 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 Page588 November 2 , 2009 – 6 00 pm Continued • 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 September 15 , 2009 , the Johnston County Planning Board held a public hearing regarding the Modification of the Special Use Permit for Case 585 and made the following recommendations Upon a motion by Mr Schulz to approve the request as presented but added the display of sales of no more than 3 boats ; add hunting safety course ; show on - site plan area for boats before the Case is heard at the BOCC and add a bow and arrow range , plus having at least 1 million in liability insurance , seconded by Mr DeLaine and carried by a vote of 7 - 0 , the Planning Board recommended preliminary approval of the Modification for Case 585 based on the conditions 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 Modification will continue to protect the health and safety and public welfare as in current business We are requesting the current bait and tackle store to be modified to include sporting goods as to allow more different items for sale Staff NC Hwy 50 is a major corridor with some commercial uses nearby The applicant is proposing to expand an existing bait and tackle shop into a sporting goods shop to include firearm sales 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 Sporting goods store will use same building and site details as current bait and tackle store Sporting goods store should not produce additional or excessive traffic or noise problems Staff This development currently complies 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 Proposed modification will add a valuable service to the surrounding communities by providing a local store for sporting goods and related merchandise A local sporting goods store will also support the local economy by keeping business in the county Staff There is adequate room for parking A Class B landscape buffer shall be installed along NC Hwy 50 , buffers currently exist along other rezoning lines 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 What 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 Modification will continue to abide by all codes and conditions already imposed by the boards and current special use permit Staff Applicant’s 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 Sporting Goods Store to include sale of firearms and firearms accessories , recreation merchandise , fishing , hunting , archery , marine , camping supplies and merchandise Special Use Conditions 1 Permitted Uses Sale of sporting goods items such as hunting , camping , fishing , boating equipment and accessories , to include firearms and other recreational equipment ; hunter and firearms safety classes ; archery range ; and display for sales of no more than three 3 boats 2 Site Plan must meet Johnston County Development Ordinance and show location of boat display 3 Operating hours 9am - 9pm Monday - Saturday and 1 00 - 6 00pm on Sunday 4 Must install a Class B landscape buffer which requires 2 large trees , 3 small trees and 9 shrubs for every 100 linear feet along the road front property line and interior zoning lot lines , where vegetation exist , that meets or exceeds the Class B standards , no additional landscaping may be required three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 Applicant must ensure all buildings used for the proposed business meet commercial building code 6 Proper signage advertising solely for the Bait & Tackle sporting goods shop will be allowed per our Sign Ordinance 7 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 , and NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Page589 November 2 , 2009 – 6 00 pm Continued 9 Must comply with all licensing , storage , and sale requirements of The Bureau of Alcohol , Tobacco , Firearms and Explosives 10 There shall be no discharge of firearms on the property 11 Maintain a minimum of 1,000,000 of liability insurance Note Modifications and additions noted in bold and italics Mr Gray listed and reviewed the proposed modifications to the special use conditions with the Board He stated the applicant intends to utilize the existing building and no additional buildings are proposed Mr Gray reviewed the surrounding zoning with the Board Commissioner Tony Braswell recalled that the Board has previously discussed conditions regarding requirements for liability insurance He expressed concern with the condition and stated he cannot understand why a governmental body would dictate the amount of liability insurance required for a business Commissioner Braswell stated he still has the same concerns as he did months ago when the issue was discussed in that if the County requires a minimum of 1,000,000 in liability insurance and someone files a lawsuit for 2,000,000 , the defendant may say that the County only required 1,000,000 ; therefore , the County should be held liable for the difference Mr Gray reported the Planning Board , based on certain uses , felt there was a need to establish a minimum amount of liability insurance He acknowledged that the Board of Commissioners has removed conditions regarding liability insurance on past cases Commissioner DeVan Barbour stated it would seem that liability insurance requirements should be addressed in the ordinance rather than on a case by case basis Commissioner Barbour stated he is in agreement with the comments by Commissioner Braswell Commissioner Braswell expressed concerns with putting the condition on some uses and not others and stated he would like for the County Attorney to provide the Board with an opinion regarding the matter Commissioner Barbour stated if the Board is going to require the liability insurance , then it would also have to enforce the requirement by periodically checking to make sure policies are kept up - to - date and he personally does not believe it is a business the County should enter into Commissioner Jeffrey P Carver agreed that the Board has discussed the issue on numerous occasions and he was unsure as to what the definitive answer is Chairman Wade M Stewart also noted his concerns with requiring liability insurance as part of the permit and not following through to make sure it is maintained Commissioner Allen L Mims , Jr stated that he did not believe the County would have any liability in a lawsuit scenario mentioned by Commissioner Braswell He noted that the attorneys on the Planning Board felt that 1,000,000 is a minimum amount the applicant should carry Commissioner Mims indicated that some uses such as daycares are required by the State to carry liability insurance He stated the Planning Board realized that there is an inherent danger with the proposed use ; therefore , recommended the liability insurance condition for the applicant’s benefit as well as the customer on the property Commissioner Braswell stated that daycares and other uses that are required to have liability insurance by the State are also policed by the State to make sure they keep their policies current He reported that if the policies are not kept current , the State will suspend the owner’s license to operate the business Commissioner Mims noted that if the applicant does not carry insurance as part of the special conditions , they could not receive their special use permit He stated in most cases the applicant will carry liability insurance even if it is not a requirement Chairman Stewart stated he would like to discuss the landscaping requirements proposed in the special conditions He asked staff for more information as to what exactly will be required Mr Gray explained that staff reviewed the original special use permit and found that the County’s current landscaping requirements are less than when the permit was originally approved He stated originally , the front of the building was an open shelter ; however , it has since been enclosed Mr Gray reported there is one area along the front that needs to be buffered which was not clear in the original special use permit He noted staff has reviewed the issue with the applicant and believes they have an understanding Page590 November 2 , 2009 – 6 00 pm Continued Daniel Simmons , the applicant , addressed the Board and stated he has a federal firearms license and he currently carries 1,000,000 in liability insurance Mr Simmons reported the archery range is no longer open to the public and the targets in place are for his and his partner’s use only Mr Simmons stated Kevin Sigmon of the Planning Department informed him that he could plant two bushes and one crape myrtle along the front of the property He noted there were bushes in the area previously ; however , the Department of Transportation reconfigured the ditch and removed those plantings He stated he has planted the crape myrtle and will purchase the bushes soon He noted his concerns with the landscaping possibly blocking the view of the building from the road At the inquiry of Chairman Stewart , Mr Simmons reported that aside from landscaping , he is agreeable to all the other special use conditions Commissioner Cookie Pope asked if there were currently boats for sale on the property Mr Simmons explained that he presently does not have boats on the site , but may in the future Chairman Stewart asked Mr Gray to comment on the landscaping requirement parallel to the road Mr Gray explained that the Land Development Code requires a landscape buffer around all the zoning lines , including along the road right - of - way He noted that in situations such as the subject site , staff has recommended smaller plantings He clarified that the ordinance requires at least the consideration of some buffering on all zoning lines ; however , he stated the purpose in this instance is not to shield the use Chairman Stewart asked if there were neighbors directly across the road from the site Mr Simmons stated his neighbors are located approximately 200 yards away from the site He reported he spoke with one of the neighbors who expressed his support for the business Upon a question by Chairman Stewart , Mr Gray stated staff uses discretion on such cases and tries to work with the applicant to find a suitable solution on landscaping Mr Gray reported the Planning Board recommended approval Commissioner Pope asked if the archery range should be removed since it is no longer open to the public Mr Simmons asked the Board to leave the archery range in place just in case it is needed in the future There being no further comments , the Chairman recessed the Special Use Hearing for Case 585 Decision on Special Use Case 585 Case 585 Petition to modify a Special Use Permit for property located at 5876 NC Hwy 50 North in Elevation Township The property is currently zoned Community Business Special Use District CB - SUD to allow for a bait and tackle shop Requested modification is to allow for bait and tackle shop and the sale of sporting goods to include firearms hunting , camping , fishing , boating and other recreational equipment Hunter and firearms safety classes ; archery range ; and display for sales of no more than three 3 boats Tax ID 07E07018D Owner Steven Reed Johnson Applicant Daniel Simmons First Motion Based on the findings of facts and the revised special use conditions , Commissioner DeVan Barbour moved the Board authorize the Planning Department to modify the Special Use Permit for Case 585 to allow for a bait and tackle shop and the sale of sporting goods to include firearms hunting , camping , fishing , boating and other recreational equipment , hunter and firearms safety classes ; archery range ; and display for sales of no more than three 3 boats on property located at 5876 NC Hwy 50 North in Elevation Township , with the revised conditions to include deleting condition no 11 regarding liability insurance and to eliminate the landscaping buffer requirement along the road front property line Commissioner Cookie Pope seconded the motion PagePage pageNumber5591 November 2 , 2009 – 6 00 pm Continued Further Discussion Commissioner Allen L Mims , Jr stated four shrubs could be planted around the sign along with pine straw as well as small trees near the parking area without blocking the view and would make the area more attractive Commissioner Mims stated if the Board is going to look at changing landscaping requirements on a case by case basis then perhaps it needed to be addressed in the ordinance Commissioner Jeffrey P Carver asked if a precedent had been set for the Board to follow the ordinance or does staff have some discretion regarding landscaping Planning Director Berry Gray reported buffering requirements are a part of the ordinance ; therefore , staff must to continue to recommend buffers on all zoning lines with the understanding that the Board can review the requirements on a case by case basis At the inquiry of Commissioner Carver , Commissioner DeVan Barbour reiterated his motion would eliminate the requirement for liability insurance as well as eliminate the landscaping buffer along the road front property line only Commissioner Tony Braswell stated he felt some kind of landscaping buffer is needed along the road front property line Commissioner Mims stated the landscaping could be clustered in the corner and near the sign area and did not have to be spread out in a line across the front He noted it could be placed along the parking area to help offset glare from parked cars Commissioner Carver pointed out that Mr Gray has stated staff does have some discretion to work with the applicant on the landscaping buffer Commissioner Carver indicated he would prefer to have some type of landscaping Commissioner Barbour asked the applicant , Daniel Simmons , if he planned to install some type of decorative landscaping that would not obscure the view from the road Mr Simmons stated it was his understanding that landscaping needed to be placed near the ditch so that customers would not run into the ditch He indicated he did not have any issues with installing small shrubbery Mr Gray stated that since the area in question along the road front does not measure 100 linear feet , staff does have room to work with the applicant to reduce the amount of landscaping needed Commissioner Barbour stated he could amend his motion so long as staff will work with the applicant on the landscaping requirement so as not to obscure the view from the road Mr Gray suggested adding language to the condition that states staff will work with the applicant to ensure that visibility is not obscured along the road front Commissioner Cookie Pope indicated she could second the amended motion , if language is added that staff will work with the applicant on the landscaping requirements to ensure the visibility is not obscured from the road Amendment to Motion Based on the findings of facts and the revised special use conditions , Commissioner DeVan Barbour amended his motion and moved the Board authorize the Planning Department to modify the Special Use Permit for Case 585 to allow for a bait and tackle shop and the sale of sporting goods to include firearms hunting , camping , fishing , boating and other recreational equipment , hunter and firearms safety classes ; archery range ; and display for sales of no more than three boats on property located at 5876 NC Hwy 50 North in Elevation Township , with the revised conditions to include deleting condition no 11 regarding liability insurance and that staff will work with the applicant on the landscaping requirements along the road front property line Commissioner Cookie Pope seconded the amended motion Vote The motion carried by unanimous vote PagePage pageNumber6592 November 2 , 2009 – 6 00 pm Continued Commissioner Allen L Mims , Jr stated he voted for the motion ; however , he would like it noted that he would prefer to leave in the condition regarding liability insurance Commissioner Mims noted the applicant does have the insurance and he hopes that it will remain current 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 Permitted Uses Sale of sporting goods items such as hunting , camping , fishing , boating equipment and accessories , to include firearms and other recreational equipment ; hunter and firearms safety classes ; archery range ; and display for sales of no more than three 3 boats 2 Site Plan must meet Johnston County Development Ordinance and show location of boat display 3 Operating hours 9am - 9pm Monday - Saturday and 1 00 - 6 00pm on Sunday 4 Must install a Class B landscape buffer which requires 2 large trees , 3 small trees and 9 shrubs for every 100 linear feet along the road front property line and interior zoning lot lines , where vegetation exist , that meets or exceeds the Class B standards , no additional landscaping may be required staff to work with the applicant to ensure that visibility along the road front is not obscured three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 Applicant must ensure all buildings used for the proposed business meet commercial building code 6 Proper signage advertising solely for the Bait & Tackle sporting goods shop will be allowed per our Sign Ordinance 7 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 , and NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Must comply with all licensing , storage , and sale requirements of The Bureau of Alcohol , Tobacco , Firearms and Explosives 10 There shall be no discharge of firearms on the property The Chairman opened the Rezoning Hearing for Case 09 - 14 Case 09 - 14 Petition to rezone 0995 acres located at 1743 US 701 S in Ingram’s Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 08J12033L Owner Johnny Louis and Joyce M Futch Applicant Johnny Louis Futch Planning Director Berry Gray stated the petition is to rezone 0995 acres located at 1743 US 701 S in Ingram’s Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the existing land use is zoned Agricultural Residential and has an existing metal building intended for the proposed mechanic shop He noted the surrounding land uses are zoned Agricultural Residential and used for such purposes , General Business to the north and Industrial - 1 to the south both of which are currently used for residential purposes Mr Gray reported the request came in as a violation from a neighbor due to concerns that the applicant is painting tractors on the site Johnny Futch , the applicant , stated he liked to work on old tractors as a hobby He asked the Board to approve the rezoning so he can continue his work 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 - 14 Decision on Rezoning Case 09 - 14 Case 09 - 14 Petition to rezone 0995 acres located at 1743 US 701 S in Ingram’s Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 08J12033L Owner Johnny Louis and Joyce M Futch Applicant Johnny Louis Futch Commissioner W Ray Woodall moved the Board approve rezoning case 09 - 14 to rezone 0995 acres located at 1743 US 701 S in Ingram’s Township from Agricultural Residential to General Business - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 09 - 14 PagePage pageNumber7593 November 2 , 2009 – 6 00 pm Continued Case 09 - 14 To allow for the operation of a mechanic shop for the repair and display for sale of tractors , farm equipment and related items Owner Johnny Louis and Joyce M Futch Applicant Johnny Louis Futch Those wishing to speak on Special Use Case 09 - 14 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 mechanic shop for the repair and display for sale of tractors , farm equipment , and related items Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 14 on July 31 , 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 September 15 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 14 and made the following recommendations Upon a motion by Mr Massengill to approve the request , seconded by Mr Edwards and carried by a vote of 7 - 0 , the Planning Board recommended preliminary approval of the Rezoning for Case 09 - 14 Upon a motion by Mr Letchworth to approve the Special Use Request with the added condition of display and sale of items , seconded by Mr Smith and carried a vote of 7 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 14 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 My business will not degrade the public health , safety , or general welfare of the community I will have set hours of operation as follows 6am till 9 pm Staff US 701 South is a major corridor with mostly residential uses nearby The applicant is proposing to use an existing building to operate a tractor and farm equipment repair 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 I will comply with all Local , State , and Federal Regulations Staff This existing building meets the setback and access requirements complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The yard is nicely maintained and the building was constructed approximately five years ago and is in good condition Staff The location provides a convenient place within a predominantly rural and agrarian area There appears be adequate room for parking in the front and storage to the rear of the existing building A Class B landscape buffer shall be installed along US 701 , the northern , and southern rezoning lines 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 Applicant The development will conform with the County’s plans and policies 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 Mechanic shop for repair and display for sale of tractors , farm equipment and related items Special Use Conditions PagePage pageNumber8594 November 2 , 2009 – 6 00 pm Continued 1 Permitted Uses Mechanic Repair Shop for the repair and display for sale of tractors , farm equipment , and other related items 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be 6 00 am to 9 00 pm , Monday through Saturday 5 All signage shall comply with the sign code 6 A Class B landscape buffer shall be installed along US 701 , the northern and southern zoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense 7 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 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Outdoor storage shall be enclosed by an 8 ’ opaque fence 10 Storage and or disposal of all oils , lubricants , and hazardous materials must comply with all state and federal requirements 11 General painting and paint stripping shall be allowed However , no painting or paint stripping with Methylene Chloride MeCl formulas or Hazardous Air Pollutants HAP shall be allowed without permits from NC Department of Air Quality Note Modifications and additions noted in bold and italics Mr Gray listed and reviewed each of the special use conditions with the Board He noted the operation has been in use for many years Mr Gray referenced a report in the agenda packet from the Division of Air Quality that states the applicant uses sanding during the painting process and no chemicals ; therefore , an Air Quality Permit is not required Commissioner Cookie Pope asked about the landscaping buffer requirements Mr Gray reported landscaping is being recommended on three sides with the exception of the applicant’s property located behind the subject site He stated the property line along Hwy 701 would be buffered Chairman Wade M Stewart stated he frequently passes by the subject site and he commented that the existing landscape is attractive and to require more landscaping may cause the area to look cluttered Chairman Stewart indicated that he believes the property to the north owned by Lewis Allen already contains an existing buffer of crape myrtles along with a wooden fence Mr Gray stated staff would take into consideration any existing landscaping buffers on the property lines Johnny Futch , the applicant , stated he would prefer not to buffer in between his property and the Lewis Allen property to the north since they each look out for the others ’ property when out of town Further , he asked the Board to consider eliminating some of the buffer requirement along Hwy 701 He stated he cannot afford to install a berm along the entire property line Mr Gray clarified that a berm is not required and the buffer would only consist of plantings Mr Futch stated he had thought he would have to install a soil berm ; however , if plantings are all that would be required , he could plant shrubbery Chairman Stewart stated to Mr Futch that staff does have some discretion with landscaping and would work with him on the buffer requirements Commissioner Cookie Pope pointed out that Mr Futch could cluster some of the landscaping rather than install plantings in a straight line Chairman Stewart asked if a fence is required , even if the applicant stores his equipment in the existing building Mr Gray stated a fence would only be required if the applicant has outside storage Mr Futch reported he has no outside storage and the only time any equipment would be outside is if someone brought a tractor for him to work on , it may be outside for a day or two until he could move it inside Mr Futch stated he has no outdoor lighting and he is fine with the proposed hours of operation Mr Gray stated the Planning Board recommended approval PagePage pageNumber9595 November 2 , 2009 – 6 00 pm Continued There being no further comments , the Chairman recessed the Special Use Hearing for Case 09 - 14 Decision on Special Use Case 09 - 14 Case 09 - 14 To allow for the operation of a mechanic shop for the repair and display for sale of tractors , farm equipment and related items Owner Johnny Louis and Joyce M Futch Applicant Johnny Louis Futch Based on the following findings of facts and the revised special use conditions indicating that staff will work with the applicant on the landscaping requirements , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 14 allowing for the operation of a mechanic shop for the repair and display for sale of tractors , farm equipment and related items on 0995 acres located at 1743 US 701 S in Ingram’s 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 Permitted Uses Mechanic Repair Shop for the repair and display for sale of tractors , farm equipment , and other related items 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be 6 00 am to 9 00 pm , Monday through Saturday 5 All signage shall comply with the sign code 6 A Class B landscape buffer shall be installed along US 701 , the northern and southern zoning lines 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class B buffer if equal or more intense Staff to work with the applicant on the landscaping requirements 7 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 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Outdoor storage shall be enclosed by an 8 ’ opaque fence 10 Storage and or disposal of all oils , lubricants , and hazardous materials must comply with all state and federal requirements 11 General painting and paint stripping shall be allowed However , no painting or paint stripping with Methylene Chloride MeCl formulas or Hazardous Air Pollutants HAP shall be allowed without permits from NC Department of Air Quality The Chairman reopened the Rezoning Hearing for Case 09 - 15 Case 09 - 15 Petition to rezone 1136 acres located at 32 Elevation Road SR 1308 in Elevation Township from Agricultural Residential AR to Industrial - 1 Special Use District I1 - SUD Tax ID 07H09026 Owner Paul Lassiter III Applicant Ronald Ricard Planning Director Berry Gray stated the petition is to rezone 1136 acres located at 32 Elevation Road in Elevation Township from Agricultural Residential to Industrial - 1 Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the site presently contains agricultural use buildings The surrounding land uses consist of agricultural and residential purposes with General Business to the south that is not being used for a business at this time He noted the existing business located across the street that is grandfathered and stated the owner wishes to eventually relocate the operation to the subject site Ronald Ricard , the applicant , offered to answer any questions by the Board At the inquiry of Commissioner Allen L Mims , Jr , Mr Ricard reported his existing business is growing , hence the need for the new site 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 - 15 Decision on Rezoning Case 09 - 15 Case 09 - 15 Petition to rezone 1136 acres located at 32 Elevation Road SR 1308 in Elevation Township from Agricultural Residential AR to Industrial - 1 Special Use District I1 - SUD Tax ID 07H09026 Owner Paul Lassiter III Applicant Ronald RicardPage0596 November 2 , 2009 – 6 00 pm Continued Commissioner Cookie Pope moved the Board approve rezoning case 09 - 15 to rezone 1136 acres located at 32 Elevation Road in Elevation Township from Agricultural Residential to Industrial - 1 Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 09 - 15 Case 09 - 15 To allow for agricultural and commercial bulk storage and sales of LP gas to include onsite retail sales Owner Paul Lassiter III Applicant Ronald Ricard Those wishing to speak on Special Use Case 09 - 15 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 agricultural and commercial bulk storage and sales of LP gas to include onsite retail sales Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 15 on August 28 , 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 September 15 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 15 and made the following recommendations Upon a motion by Mr Edwards to approve the request , seconded by Mr Letchworth and carried by a vote of 7 - 0 , the Planning Board recommended preliminary approval of the Rezoning for Case 09 - 15 Upon a motion by Mr Smith to approve the Special Use Request with the added conditions of including on - site sales , follow all rules and regulations set forth by the Department of Agriculture , retail and on - site sales and maintain at least a 1 million liability policy or what is required by the DOA whichever is higher , seconded by Mr Massengill and carried a vote of 7 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 15 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 Our nursery and propane business shall not interfere with surroundings and safety shall comply with 2009 codes as regulated by NCDA Staff Elevation Road is a collector road with mostly agricultural uses nearby The applicant is proposing to build a 18,000gal LP Gas storage tank A fire hydrant is located along Elevation near the site entrance 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 We shall comply with all standards and maintain neat and safe property 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 All components of installation shall conform to current surroundings and be well maintained and safe Staff The location is in a predominantly agricultural area A Class B landscape buffer shall be installed along Elevation Road , and along the western rezoning line The site appears to be well screened from Black Creek Road by a shelter with farming equipment This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 What 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 Page1597 November 2 , 2009 – 6 00 pm Continued Applicant We have contacted all required parties to conform to regulations I have spoken to all land and home owners for permission 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 Agricultural and commercial bulk storage and sales of LP gas to include on site retail sales Special Use Conditions 1 Permitted Uses Agricultural and commercial bulk storage and sales of LP gas 18,000gal , to include onsite retail sales 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be 24 hours daily Monday through Sunday 5 All signage shall comply with the sign code 6 A Class B landscape buffer shall be installed along Elevation Road , and the western zoning line 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation , if equal or more intense , is acceptable in lieu of the Class B buffer 7 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 , and NC Department of Agriculture 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Shall be limited to no more than one 18,000gal vessel 10 Any LP tanks waiting to be filled shall be no closer to the right - of - way than the existing shelter 11 Bulk storage and onsite retail sales of LP gas must comply with the policies of the NC Department of Agriculture and the National Fire Protection Association NFPA 58 Liquefied Petroleum Gas Code 12 Adequate area for turn around shall be provided so that no vehicles shall back out onto Elevation Road 13 Driveway access shall be limited to Elevation Road only 14 Maintain a minimum of 1,000,000 of liability insurance 15 The bulk storage area must be fenced Note Modifications and additions noted in bold and italics Mr Gray listed and reviewed each of the special use conditions with the Board Ronald Ricard , the applicant , asked for clarification on the fencing requirement around the bulk storage area Mr Gray stated fencing would only be required around the LP tanks and not the entire site Commissioner Cookie Pope asked if landscaping is required along Black Creek Road Mr Ricard stated the subject site does not come out to Black Creek Road and the existing shelter on the site will block the view Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 15 Decision on Special Use Case 09 - 15 Case 09 - 15 To allow for agricultural and commercial bulk storage and sales of LP gas to include onsite retail sales Owner Paul Lassiter III Applicant Ronald Ricard Based on the following findings of facts and the revised special use conditions eliminating condition no 14 regarding liability insurance , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 15 allowing for agricultural and commercial bulk storage and sales of LP gas to include onsite retail sales on 1136 acres located at 32 Elevation Road in Elevation Township Commissioner W Ray Woodall seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioner Allen L Mims , Jr Commissioner Mims stated he felt there needed to be some liability insurance required 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 Page2598 November 2 , 2009 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses Agricultural and commercial bulk storage and sales of LP gas 18,000gal , to include onsite retail sales 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be 24 hours daily Monday through Sunday 5 All signage shall comply with the sign code 6 A Class B landscape buffer shall be installed along Elevation Road , and the western zoning line 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet unless existing natural vegetation , if equal or more intense , is acceptable in lieu of the Class B buffer 7 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 , and NC Department of Agriculture 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Shall be limited to no more than one 18,000gal vessel 10 Any LP tanks waiting to be filled shall be no closer to the right - of - way than the existing shelter 11 Bulk storage and onsite retail sales of LP gas must comply with the policies of the NC Department of Agriculture and the National Fire Protection Association NFPA 58 Liquefied Petroleum Gas Code 12 Adequate area for turn around shall be provided so that no vehicles shall back out onto Elevation Road 13 Driveway access shall be limited to Elevation Road only 14 The bulk storage area must be fenced Instructions to Planning Director Regarding Liability Insurance Commissioner Tony Braswell instructed Planning Director Berry Gray to ask the Planning Board to provide specific guidelines on how they consider the need to add the requirement for liability insurance to certain uses 3 Call for Public Hearing – Design Manual and Land Development Code Amendment At the request of Planning Director Berry Gray , the Chairman scheduled a public hearing for the December 7 , 2009 6 00 pm meeting to discuss a proposed amendment to the Land Development Code as it relates to the open space regulations 4 Manager Reports and Comments A O’Neals Water District Elevated Water Tank Naming County Manager Rick Hester recalled that the Board had received a petition from Rev Sylvester Holder 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 Hester stated that based on his research of the area and the request from Rev Holder , he would recommend that the tank name be painted as “ Johnston County – O’Neals Water District – Dixie ” Following discussion , it was the consensus of the Board to accept the recommendation of the County Manager B Call for Public Hearing County Manager Rick Hester stated the DOT is requesting the Board to schedule a public hearing th for the December 7 10 00 am meeting to allow public comment on a road abandonment petition due to a realignment of Old Drug Store Road and NC Hwy 50 , as part of the DOT Safety Improvement Project th The Chairman scheduled the public hearing for the December 7 10 00 am meeting 5 Board Reports and Comments None 6 NC Stop Torture Now Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , addressed the Board and provided updated information regarding the kidnapping and abuse of detainees Mr Fager submitted an AccountabilityPage3599 November 2 , 2009 – 6 00 pm Continued Update Report dated November 2 , 2009 to the Board along with an ABC News Report titled “ Lithuanian President Announces Investigation into CIA Secret Prison ” and reviewed the material with the Board Commissioner W Ray Woodall reiterated to Mr Fager that the Board of Commissioners has no authorization to call for an investigation of Aero Contractors in that it falls within the jurisdiction of the Federal Government Mr Fager stated that NC Stop Torture Now was informed by the Airport Commission that the Johnston County Airport was the responsibility of the Board of Commissioners Commissioner Tony Braswell noted that Mr Fager resides in Cumberland County and he asked Mr Fager how many times he has addressed the Cumberland County Board of Commissioners regarding the Fayetteville Regional Airport Mr Fager reported that he has not addressed the Cumberland County Board Commissioner Braswell indicated that in information posted on NC Stop Torture Now’s website , it details a lawsuit filed in 2005 implicating three aircraft facilities , one of which is located in Fayetteville , Cumberland County , of being involved in torture related activities Mr Fager stated that the Fayetteville Regional Airport is not under the Cumberland County Commissioners jurisdiction He noted NC Stop Torture Now has been to the media in Fayetteville regarding the Fayetteville Airport Mr Fager stated he is aware of lawsuits filed by torture victims ; however , neither NC Stop Torture Now nor he has been a party to those suits Commissioner Braswell expressed confusion as to why Mr Fager , who lives in Fayetteville , would travel to Johnston County and address the Board of Commissioners regarding the Johnston County Airport , but not the Cumberland County Board of Commissioners concerning the Fayetteville Regional Airport Mr Fager explained that he has participated in plane spotting as well as communications with the media regarding the Fayetteville Regional Airport He stated the reason he comes to Johnston County is that NC Stop Torture Now’s research has provided evidence of hundreds of flights coming out of Johnston County whereas they have no evidence of that many flights coming out of Fayetteville ; therefore , they are focusing their efforts on where they believe their evidence is credible Commissioner Braswell expressed his discontent with NC Stop Torture Now and the inconsistencies and imprecision of their research and reporting by pointing out the inaccurate account of last month’s meeting as posted on NC Stop Torture Now’s website Commissioner Braswell further inquired if the group had visited the Attorney General Roy Cooper’s office or addressed the North Carolina General Assembly with their concerns Mr Fager responded by stating that the group has made several written appeals to the Attorney General’s office and also has supported a bill in last year’s session of the General Assembly which did not make it out of a committee of examination and was unsuccessful in introducing it again in this year’s session Mr Fager also informed the Board that the group had heeded the Board’s advice and had taken their concerns to Washington Mr Fager stated that he had personally discussed the matters with two members of Congress and that other members of NC Stop Torture Now had contacted various Congressmen Mr Fager commented that the group would continue to bring their concerns to the Johnston County Board of Commissioners in addition to other forums Mr Fager also presented the Board with a publication from the Quaker House Chairman Wade M Stewart stated while he can admire Mr Fager and NC Stop Torture Now’s persistence for their cause , he reiterated that it is not in the Board’s authority or intentions to take any action in regards to the allegations made against the Johnston County Airport or any leasee of the Airport which the Board considers to be a good corporate neighbor There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 30 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage