January 7, 2008 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 546 Meeting of the Johnston County Board of Commissioners January 7 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 7 , 2008 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , 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 Deva C Holt , Deputy Clerk Chairman Cookie Pope called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Court Room Space Needs Brad Schultz , Attorney at Law , thanked the Board and County staff for working with the court system to accommodate the growing court schedules and space needs B Recognition of Boy Scout Troup 95 Members in Attendance Chairman Cookie Pope recognized Scout Leader Ken Allen and members of Boy Scout Troup 95 who were in attendance Thomas Allen , Cooper Horn , and Hunter Langdon attended the meeting as part of working towards merit badges 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – December 28 , 2007 and January 4 , 2008 Certified letters were mailed to adjoining property owners on December 27 , 2007 Notices were posted at the locations on November 7 , 2007 for Cases 07 - 39 ; 07 - 40 ; and 07 - 41 The Chairman opened the Rezoning Hearing for Case 07 - 39 Case 07 - 39 Petition to rezone 384 acres located at the southwest corner of the intersection of Woodall Dairy Road SR 1356 and Raleigh Road SR 1330 in the Elevation Township from Agricultural Residential AR to Industrial - 2 I - 2 Tax ID 07F09025C Owner Applicant S T Wooten Corporation Kevin Sigmon , Johnston County Planning Department , stated this was a petition to rezone 384 acres located at the southwest corner of the intersection of Woodall Dairy Road and Raleigh Road in the Elevation Township from Agricultural Residential AR to Industrial - 2 I - 2 Butch Lawter , Engineer with ST Wooten , stated the rezoning , if approved , would be combined with adjacent acreage already zoned Industrial - 2 to accommodate a temporary asphalt plant for a project ST Wooten has in Sampson County In response to a question from Commissioner Jeffrey P Carver , Mr Lawter stated the temporary asphalt plant is scheduled to be in operation for approximately one year for a resurfacing project in Sampson County Mr Sigmon reported the Planning Board recommended approval of Case 07 - 39 from Agricultural Residential AR to Industrial - 2 I - 2 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 39 Decision on Rezoning Case 07 - 39 Case 07 - 39 Petition to rezone 384 acres located at the southwest corner of the intersection of Woodall Dairy Road SR 1356 and Raleigh Road SR 1330 in the Elevation Township fromPage547 January 7 , 2008 – 6 00 pm Continued Agricultural Residential AR to Industrial - 2 I - 2 Tax ID 07F09025C Owner Applicant ST Wooten Corporation Commissioner Allen L Mims , Jr moved the Board approve rezoning case 07 - 39 , to rezone 384 acres located at the southwest corner of the intersection of Woodall Dairy Road SR 1356 and Raleigh Road SR 1330 in the Elevation Township from Agricultural Residential AR to Industrial - 2 I - 2 Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 07 - 40 Case 07 - 40 Petition to rezone a 184 acre tract located on Buffalo Road SR 1003 approximately ¼ of a mile north of its intersection with Lake Wendell Road SR 1716 in Wilders Township from Agricultural Residential AR to General Business Special Use District GB - SUD Tax ID 16J02040G Applicant Owner Eddy H Green Kevin Sigmon , Johnston County Planning Department , stated this was a petition to rezone a 184 acre tract located on Buffalo Road approximately one - forth of a mile north of its intersection with Lake Wendell Road in Wilders Township from Agricultural Residential AR to General Business Special Use District GB - SUD Mr Sigmon noted there is a special use application associated with the request to allow for the operation of an automotive repair and service station Applicant Eddy Green stated he was requesting the rezoning to allow for an automotive garage Mr Sigmon reported the Planning Board recommended approval of Case 07 - 40 from Agricultural Residential AR to General Business Special Use District GB - SUD There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 40 Decision on Rezoning Case 07 - 40 Case 07 - 40 Petition to rezone a 184 acre tract located on Buffalo Road SR 1003 approximately ¼ of a mile north of its intersection with Lake Wendell Road SR 1716 in Wilders Township from Agricultural Residential AR to General Business Special Use District GB - SUD Tax ID 16J02040G Applicant Owner Eddy H Green Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 40 , to rezone a 184 acre tract located on Buffalo Road SR 1003 approximately ¼ of a mile north of its intersection with Lake Wendell Road SR 1716 in Wilders Township from Agricultural Residential AR to General Business Special Use District GB - SUD Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 07 - 40 Case 07 - 40 Application to allow for the operation of an automotive repair and service station Applicant Owner Eddy H Green Those wishing to speak on Special Use Case 07 - 40 were sworn in by the Clerk to the Board Kevin Sigmon , Johnston County Planning Department , introduced the special use case and stated the request is to allow for the operation of an automotive repair and service station Mr Sigmon introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 40 on September 6 , 2007 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 Page548 January 7 , 2008 – 6 00 pm Continued • 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 November 20 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 40 and made the following recommendations Upon a motion by Mr Edwards , seconded by Mr Moore , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 07 - 40 , based on and subject to the following findings of fact and special conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The use of this property is located and designed to be operated so as to maintain the public health , safety and the general welfare of its patrons , operators and surrounding community This location is easily accessible , will have handicapped access to the building , office area and bathroom facilities All exterior exits will be marked , fire extinguishers provided , area marked off for patrons only and the disposal of environmental hazards such as used oil and tires will be disposed of properly Staff The proposed auto service center will update to commercial code requirements and practice safe handling of any automotive fluids , lubricants , etc Security lighting will be installed and normal hours of operation will promote the public health , safety , and general welfare 2 That the use or 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 of this property will comply with required use and intensity regulations of the Land Development Code , ordinances and resolutions to include state and federal regulations Staff Development is intended to serve the daily convenience and personal service needs in the immediate area Applicant has provided a petition of residents within the area that is in favor of an auto service center in their neighborhood 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 proposed use of this property will enhance the value by using the existing building and site in a better manner This will upgrade the existing building allowing me to offer the Archer Lodge Community and surrounding areas with local and convenient automotive services Staff Landscape buffering requirements and other special use conditions will be enforced to 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 planned use of this property conforms to the general plans for the physical development of the county’s planning jurisdiction according to the local and state codes Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation will be limited to 7am - 7pm Monday - Saturday 4 Must upgrade existing building to meet commercial building codes 5 No painting or body work will take place on site 6 No vehicle sales allowed on site 7 Must upgrade current driveway to commercial standards and obtain a commercial driveway permit from NCDOT 8 Outdoor storage of any more than four vehicles awaiting repair must be surrounded by an 8 ’ high opaque fence 9 Vehicles may be stored on site , only while awaiting repair , and may never be stored on site more than 30 days 10 Any security lighting must be engineered so as not to shine onto adjacent properties 11 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 12 Class B buffer required along the road frontage with 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet 13 If the property has more than 17,000 square feet of impervious area , a stormwater management plan will be required 14 Must seek proper permit from Environmental Health for septic system 15 Signage must comply with sign code as a monument or ground sign only Mr Sigmon listed and reviewed the special use conditions with the Board Mr Sigmon referenced a petition in the agenda packet signed by the adjoining property owners requesting the requirement for a buffer to be waived Applicant Eddy Green stated he understood the special use conditions Page549 January 7 , 2008 – 6 00 pm Continued Commissioner DeVan Barbour questioned the language in special condition no 8 regarding the outdoor storage of vehicles awaiting repair and asked if four vehicles was an adequate number Mr Green responded he plans to keep most of the vehicles awaiting repair inside and stated he did not intend on having more than four vehicles awaiting repair at one time Mr Green noted during initial discussions , all vehicles were required to be inside a fence , therefore , he was agreeable to four Commissioner Allen L Mims , Jr questioned the waiver on the buffer requirement and noted normally the Board has not required a buffer in between the use and the adjacent property if the landowner was the same ; however , he expressed concern that the adjacent properties have different owners He pointed out that special conditions are required in an effort to make the ordinance stricter , rather than less County Attorney Mark Payne noted Mr Green is a partial owner along with other family members of some of the adjoining property He stated the Board could revise the special conditions to require a buffer in the event ownership changes Commissioner Mims questioned the ownership of the adjacent properties Mr Green confirmed the adjacent property owners were his sisters and the property owned by Ms Young already contained a buffer Commissioner Mims stated he wanted to make sure the Board stays consistent with past decisions Mr Sigmon reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the special use application for case 07 - 40 to allow for the operation of an automotive repair and service station There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 40 Decision on Special Use Case 07 - 40 Case 07 - 40 Application to allow for the operation of an automotive repair and service station Applicant Owner Eddy H Green First Motion Based on the following findings of fact and the special use conditions Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant Eddy H Green to allow for the operation of an automotive repair and service station located on a 184 acre tract on Buffalo Road SR 1003 approximately ¼ of a mile north of its intersection with Lake Wendell Road SR 1716 in Wilders Township Commissioner Tony Braswell seconded the motion Further Discussion Commissioner Wade M Stewart questioned if the special conditions should be revised to address the buffer requirement concern by Commissioner Mims Commissioner Stewart suggested the motion be amended to require the buffer in the event the adjacent property changes ownership Commissioner Mims stated the ordinance requires a buffer in between a commercial or general business type use and a residential area Mr Sigmon confirmed the ordinance does require a buffer around the specific use of the commercial nature ; however , noted if the existing vegetation is sufficient , then no additional buffering is required Commissioner Stewart stated the issue is contingent upon the adjacent property changing ownership which may not happen anytime soon Mr Sigmon pointed out the applicant does have an existing grandfathered use of the same business type approximately 500 feet down the road PagePage pageNumber5550 January 7 , 2008 – 6 00 pm Continued Commissioner Jeffrey P Carver suggested a special condition no 16 could be added to address the buffer requirement in the event of a change in ownership However , Commissioner Carver noted a potential new owner would be aware of the automotive repair shop prior to purchasing adjacent property Commissioner Mims reiterated it was his understanding that the Board has waived the buffer requirement in the past , if the use and the adjacent property were of the same ownership ; however , he questioned if the Board has ever waived the buffer requirement in between different property owners , based on a petition County Attorney Mark Payne advised that the Board would not be basing the decision to waive the buffer requirement on the petition , but rather on the circumstances associated with the specific request Commissioner Mims further expressed his concern at waiving the buffer requirement in between different property owners Commissioner DeVan Barbour asked Mr Green if he understood the discussion regarding the buffer requirement , at which Mr Green confirmed he did Amended Motion Based on the following findings of fact and the special use conditions with the addition of special condition no 16 attached , Commissioner W Ray Woodall amended his first motion and moved the Board authorize the Planning Department to issue a special use permit to Applicant Eddy H Green to allow for the operation of an automotive repair and service station located on a 184 acre tract on Buffalo Road SR 1003 approximately ¼ of a mile north of its intersection with Lake Wendell Road SR 1716 in Wilders Township Commissioner Tony Braswell seconded the amended motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays Commissioner Allen L Mims , Jr Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The use of this property is located and designed to be operated so as to maintain the public health , safety and the general welfare of its patrons , operators and surrounding community This location is easily accessible , will have handicapped access to the building , office area and bathroom facilities All exterior exits will be marked , fire extinguishers provided , area marked off for patrons only and the disposal of environmental hazards such as used oil and tires will be disposed of properly The proposed auto service center will update to commercial code requirements and practice safe handling of any automotive fluids , lubricants , etc Security lighting will be installed and normal hours of operation will promote the public health , safety , and general welfare 2 That the use or 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 ; The use of this property will comply with required use and intensity regulations of the Land Development Code , ordinances and resolutions to include state and federal regulations Development is intended to serve the daily convenience and personal service needs in the immediate area Applicant has provided a petition of residents within the area that is in favor of an auto service center in their neighborhood 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 ; The proposed use of this property will enhance the value by using the existing building and site in a better manner This will upgrade the existing building allowing me to offer the Archer Lodge Community and surrounding areas with local and convenient automotive services Landscape buffering requirements and other special use conditions will be enforced to 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 The planned use of this property conforms to the general plans for the physical development of the county’s planning jurisdiction according to the local and state codes Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation will be limited to 7am - 7pm Monday - Saturday 4 Must upgrade existing building to meet commercial building codes PagePage pageNumber6551 January 7 , 2008 – 6 00 pm Continued 5 No painting or body work will take place on site 6 No vehicle sales allowed on site 7 Must upgrade current driveway to commercial standards and obtain a commercial driveway permit from NCDOT 8 Outdoor storage of any more than four vehicles awaiting repair must be surrounded by an 8 ’ high opaque fence 9 Vehicles may be stored on site , only while awaiting repair , and may never be stored on site more than 30 days 10 Any security lighting must be engineered so as not to shine onto adjacent properties 11 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 12 Class B buffer required along the road frontage with 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet 13 If the property has more than 17,000 square feet of impervious area , a stormwater management plan will be required 14 Must seek proper permit from Environmental Health for septic system 15 Signage must comply with sign code as a monument or ground sign only 16 If ownership of any adjoining parcels changes , a Class B buffer , or existing vegetation if more dense , must be installed along all rezoning lines The Chairman reopened the Rezoning Hearing for Case 07 - 41 Case 07 - 41 Petition to rezone 976 acres of a 1492 acre tract and 624 acres of a 2859 acre tract for a total of 16 acres from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD located along the private Portofino Drive , in Wilders Township Portofino Drive is located along Hwy 42 East , 300 feet west of its intersection with Motorcycle Road SR 1704 Tax ID 16J05003C & 16K05003K Applicant T & S , LLC Owner Brandi Dawn Flowers Kevin Sigmon , Johnston County Planning Department , stated this was a petition to rezone 976 acres of a 1492 acre tract and 624 acres of a 2859 acre tract for a total of 16 acres from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD located along the private Portofino Drive , in Wilders Township Applicant Norwood Thompson stated the rezoning would allow for the boarding of horses by people other than the residents of Portofino Subdivision Mr Sigmon reported the Planning Board recommended approval of Case 07 - 41 from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD There being no further comments , the Chairman closed the Rezoning Hearing for Case 07 - 41 Decision on Rezoning Case 07 - 41 Case 07 - 41 Petition to rezone 976 acres of a 1492 acre tract and 624 acres of a 2859 acre tract for a total of 16 acres from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD located along the private Portofino Drive , in Wilders Township Portofino Drive is located along Hwy 42 East , 300 feet west of its intersection with Motorcycle Road SR 1704 Tax ID 16J05003C & 16K05003K Applicant T & S , LLC Owner Brandi Dawn Flowers Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 41 , to rezone 976 acres of a 1492 acre tract and 624 acres of a 2859 acre tract for a total of 16 acres from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD located along the private Portofino Drive , in Wilders Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 07 - 41 Case 07 - 41 Application to allow for an equestrian site Applicant T & S , LLC Owner Brandi Dawn Flowers Those wishing to speak on Special Use Case 07 - 41 were sworn in by the Clerk to the Board Kevin Sigmon , Johnston County Planning Department , introduced the special use case and stated the request is to allow for an equestrian site Mr Sigmon introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 41 on September 6 , 2007 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 PagePage pageNumber7552 January 7 , 2008 – 6 00 pm Continued • 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 November 20 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 41 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Snipes and carried unanimously 8 - 0 , the Planning Board voted at its November 20 , 2007 meeting to recommend approval of the Special Use Permit request , Case 07 - 41 , based on and subject to the following Findings of Fact and Special Conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant A stormwater plan has been created and submitted for review on this site A lighting plan will be created that will ensure a safe environment Staff Incorporating horse facilities and activities into residential subdivisions seems to fit well with Johnston County’s general concept to maintain some of the rural character All department requirements for Building Inspections , Environmental Health , Public Utilities , and Planning will be complied with in effort to maintain and promote the public health and safety 2 That the use or development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant This will be a private horse arena open to members only A minimum amount of traffic and impacts will be generated with this use Site will be designed with all government regulations in mind Staff In terms of intensity , an equestrian use facility would be allowed as an amenity to a subdivision ; however members of the proposed equestrian site may not be homeowners of the subdivision They are opening membership enrollment to the public ; therefore a Special Use Permit must be obtained 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This site will be developed with a minimum amount of grading so as to preserve natural landscaping Additional landscaping will be added around all parking areas Staff Landscape buffering requirements and other special use conditions will be enforced to maintain the value of contiguous properties within Portofino subdivision and outside of the approved subdivision 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 This site will be developed with the use of planning requirements and will abide by all board conditions Staff Applicant will comply with all development standards and any conditions required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 The Division of Water Quality must approve any improvements to existing crossings over the riparian buffer s 4 Signage must comply with the Sign Code 5 All animal waste shall be properly disposed of , so as not to hinder the surrounding environment or potable drinking water system 6 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties 7 Liability insurance to be on file with Staff in the amount of 1 million per incident 8 Class B buffer , or existing vegetation if more dense , must be installed along all rezoning lines 9 Must have Environmental Health permit site for commercial septic 10 Hours of operation for outdoor non - horse activities from 7am to 11 30pm and indoor non - horse activities from 7am to 2am 11 Facility must be professionally managed 12 Any music events must be held inside only Mr Sigmon listed and reviewed the special use conditions with the Board Commissioner Tony Braswell asked for a definition of “ non - horse activities ” PagePage pageNumber8553 January 7 , 2008 – 6 00 pm Continued Mr Sigmon reported “ non - horse activities ” consisted of any activities outside of the care and maintenance or riding of the horses , such as rehearsals or weddings Mr Sigmon verified that music events would be classified as a non - horse inside activity County Attorney Mark Payne stated the Planning Board recognized that the care and maintenance of the animals would be 24 hours a day , seven days a week ; hence the special condition to place hour limitations on non - horse activities Applicant Norwood Thompson stated the riding facility is designed primarily for the residents of Portofino Subdivision and noted those residents may also want to have parties or other events on the property In response to a question from Commissioner Jeffrey P Carver , Mr Thompson reported the site would not be a rodeo type facility and would keep with the overall character of the community The Portofino Homeowners Association would also have some control over the facility Commissioner Allen L Mims , Jr inquired about the Class B buffer requirement Mr Thompson indicated approximately 25 miles of fencing is already in place with more planned and he questioned why the buffer would be required He noted a buffer could be architecturally destructive to the environment and stated he felt most people in the subdivision would want to look out and see horses in the pasture Commissioner Mims noted this instance would be residential bordering residential and stated a buffer is not required under the ordinance Mr Sigmon stated if the only intent of the facility was to board horses for the residents of Portofino , then the rezoning would not have been required ; however , it is needed in order for non - residents to board horses Commissioner Mims noted the previous rezoning case 07 - 40 differed in that it involved an auto - repair shop Mr Thompson informed the Board that river - front lots within Portofino are priced as high as 300,000 with the pasture view lots even higher ; however , if the buffer is required , the pasture and horses could not be seen Mr Thompson requested the Board to consider omitting the buffer requirement In response to a question from Commissioner Mims , Mr Thompson noted there is some existing vegetation on site Mr Sigmon reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the special use application for case 07 - 41 to allow an equestrian site There being no further comments , the Chairman closed the Special Use Hearing for Case 07 - 41 Decision on Special Use Case 07 - 41 Case 07 - 41 Application to allow for an equestrian site Applicant T & S , LLC Owner Brandi Dawn Flowers Based on the following findings of fact and the special use conditions with the deletion of special condition no 8 regarding buffer requirements , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant T & S , LLC to allow for an equestrian site located on 976 acres of a 1492 acre tract and 624 acres of a 2859 acre tract for a total of 16 acres located along the private Portofino Drive , in Wilders Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote 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 ; A stormwater plan has been created and submitted for review on this site A lighting plan will be created that will ensure a safe environment Incorporating horse facilities and activities into residential subdivisions seems to fit well with Johnston County’s general concept to maintain some of the rural character All department requirements for Building Inspections , Environmental Health , Public Utilities , and Planning will be complied with in effort to maintain and promote the public health and safety PagePage pageNumber9554 January 7 , 2008 – 6 00 pm Continued 2 That the use or 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 ; This will be a private horse arena open to members only A minimum amount of traffic and impacts will be generated with this use Site will be designed with all government regulations in mind In terms of intensity , an equestrian use facility would be allowed as an amenity to a subdivision ; however members of the proposed equestrian site may not be homeowners of the subdivision They are opening membership enrollment to the public ; therefore a Special Use Permit must be obtained 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 ; This site will be developed with a minimum amount of grading so as to preserve natural landscaping Additional landscaping will be added around all parking areas Landscape buffering requirements and other special use conditions will be enforced to maintain the value of contiguous properties within Portofino subdivision and outside of the approved subdivision 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 This site will be developed with the use of planning requirements and will abide by all board conditions Applicant will comply with all development standards and any conditions required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 The Division of Water Quality must approve any improvements to existing crossings over the riparian buffer s 4 Signage must comply with the Sign Code 5 All animal waste shall be properly disposed of , so as not to hinder the surrounding environment or potable drinking water system 6 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties 7 Liability insurance to be on file with Staff in the amount of 1 million per incident 8 Must have Environmental Health permit site for commercial septic 9 Hours of operation for outdoor non - horse activities from 7am to 11 30pm and indoor non - horse activities from 7am to 2am 10 Facility must be professionally managed 11 Any music events must be held inside only 3 ETJ Extension Discussions for Towns of Four Oaks , Kenly , and Selma County Manager Rick Hester referenced correspondence in the agenda packets related to land use plans or strategic planning updates for the Towns of Four Oaks , Kenly , and Selma Commissioner Wade M Stewart asked if the three towns had met all the criteria established by the Board Mr Hester noted Four Oaks did perform a land use plan update in 2001 , Kenly is in the beginning processes of undertaking a strategic plan , and Selma will begin the process of updating their current land use plan within the next sixty days Commissioner Allen L Mims , Jr asked for clarification from the Town of Four Oaks concerning their land use plan and subdivision regulations Linwood Parker , Mayor of Four Oaks , noted the Town originally adopted their land use plan in 1989 with an update occurring in 2001 He stated Four Oaks was the only town in Johnston County to establish a moratorium on subdivisions until such time as the Town’s subdivision ordinance could be updated and adopted Further , the Town placed a moratorium on all development at Exit # 87 along Interstate 95 to allow time to properly plan for those areas Mayor Parker stated the Town is working with the State Historic Commission to develop a historic district downtown and a complete land use plan is in place for all borders within the city limit and the ETJ At the request of Chairman Cookie Pope , Mayor Parker introduced Town Council Members Vic Medlin , Kim Robertson , Walter Holt , and Stacy Lee Commissioner W Ray Woodall voiced his concerns that citizens who live in the ETJ areas are not allowed to vote in the municipal elections Commissioner Mims moved the Board adopt the resolution to allow the Town of Four Oaks to pursue the extension of their ETJ boundaries , up to two miles Page0555 January 7 , 2008 – 6 00 pm Continued Chairman Pope asked if the other towns of Kenly and Selma were going to be discussed Commissioner Mims expressed concerns that Kenly and Selma have not completed their process of land use plans After further discussion , Commissioner Mims withdrew his motion Commissioner Tony Braswell inquired about the past actions of the Board regarding the other ETJ requests Mr Hester reported the earlier requests from Smithfield , Clayton , Princeton , Pine Level , Benson and Wilson’s Mills had been granted Commissioner DeVan Barbour moved the Board adopt the resolutions to allow the Towns of Four Oaks , Kenly , and Selma to pursue the extension of their ETJ boundaries up to two miles , seconded by Commissioner Tony Braswell County Attorney Mark Payne advised that if the Board chooses to approve the requests , the proposed resolutions should be amended to include the language “ up to two miles ” at the end of the resolutions to ensure the Board is only granting the extension up to two miles Mr Payne noted while it is his opinion that the previous approvals for other towns are sufficient , the additional language will clarify the Towns ’ requests Commissioner Braswell stated he could support Kenly and Selma based on their intentions to complete a land use plan Commissioner Mims indicated he could support Four Oaks extending their boundaries ; however , Kenly and Selma were only in the beginning processes of their land use plans and he felt all the Towns should be at the same level After further discussion , Commissioners Barbour and Braswell withdrew their motion and second Decision on Four Oaks Commissioner DeVan Barbour moved the Board adopt the resolution , as amended per County Attorney Mark Payne’s recommendation , to allow the Town of Four Oaks to pursue the extension of their ETJ boundaries up to two miles Commissioner Tony Braswell seconded the motion which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Jeffrey P Carver , Allen L Mims , Jr , DeVan Barbour , and Tony Braswell Nays W Ray Woodall RESOLUTION ALLOWING FOR THE EXPANSION OF THE EXTRATERRITORIAL JURISDICTION OF THE TOWN OF FOUR OAKS WHEREAS , in accordance with NC General Statute § 160A - 360 , et seq , the Johnston County Board of Commissioners the Board has the authority to allow municipalities in Johnston County to go forward with the process of extending their Extraterritorial Jurisdictions ETJs to two 2 miles ; and WHEREAS , the Board has determined , the Town of Four Oaks has met criteria established by the Board for such requests ; and WHEREAS , a public hearing was held in the Commissioners ’ Room , Courthouse Annex , Smithfield , North Carolina on September 4 , 2007 at a regularly scheduled and advertised meeting , at which time taxpayers and all other interested persons appeared and were heard concerning the question of extending the ETJ boundary of the Town of Four Oaks ; and NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners meeting in regular session at Smithfield , North Carolina , on January 7 , 2008 , do the following 1 Allow the Town of Four Oaks to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Four Oaks , NC ” dated October 11 , 2007 , up to two miles th Adopted this the 7 day of January 2008 Decision on Selma and Kenly Commissioner Tony Braswell moved the Board table the discussion on the Kenly and Selma ETJ extension requests Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote Page1556 January 7 , 2008 – 6 00 pm Continued 4 Call for Public Hearing Land Development Code – Cell Towers Kevin Sigmon , Johnston County Planning Department , requested the Board schedule a public hearing for the March meeting to discuss a proposed amendment to the ordinance regarding cell towers Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the public hearing was scheduled for the March 3 , 2008 6 00 pm meeting immediately following the rezoning and special use cases 5 Manager Reports and Comments A Additional Community Meetings and Work Session An additional Community Meeting was scheduled for Tuesday , January 29 , 2008 at 7 00 pm to be held at the Clayton Town Council Chambers for the purposes of discussing land use planning and related issues in Johnston County A Board work session was scheduled for Friday , February 29 , 2008 at 8 30 am with a location to be announced Note During the 10 00 am meeting , another Community Meeting was scheduled for Tuesday , January 22 , 2008 at 7 00 pm to be held at the Four Oaks Middle School B Devil’s Racetrack Road Wastewater Collection System County Manager Rick Hester requested the Board to sit as the Ingram’s Township Water and Sewer District Board for discussion on this item Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner DeVan Barbour and carried by unanimous vote , the Board recessed regular session to sit as the Ingram’s Township Water and Sewer District Board County Manager Rick Hester requested the Board to consider allowing citizens on Devil’s Racetrack Road to purchase sewer taps on a wastewater line that was installed approximately 3 years ago to assist residents with failed or failing septic systems , with a restriction that no major subdivisions be allowed Mr Hester noted the policy differs with the Johnston County Residential Wastewater Policies ; however , at the time , during community meetings , the citizens on Devil’s Racetrack Road were given a verbal commitment that taps would be available for purchase to them in the future Johnston County’s Residential Wastewater Policies were adopted a few months after the project was completed The County has received one application and one inquiry for taps Although the County’s Residential Wastewater Policy is in effect , Mr Hester recommended the Board allow taps to be sold , with the stipulation that no major subdivisions be approved to receive taps , in accordance with the promise made to the residents at the time Commissioner DeVan Barbour asked for clarification regarding a surcharge that the residents had been asked to pay in order for the project to be completed Mr Hester noted the residents did agree to a commodity rate that would be higher , if they tapped on , so the line could be installed Mr Hester stated all the residents who were experiencing failed or failing systems at the time had tapped on to the system and the new requests for taps were not involved in the original project Tim Broome , PE , Director of Utilities and Engineering , outlined the size of the wastewater lines and noted their locations Commissioner Allen L Mims , Jr expressed concern with the request versus what the County’s policy mandates County Attorney Mark Payne advised that the Ingram’s Township Water and Sewer District Board could adopt a different policy , at its discretion , in light of the unique and distinguishable facts and circumstances related to the district First Motion the motion failed for lack of a second Commissioner Allen L Mims , Jr moved the Board remain consistent with Johnston County’s Residential Wastewater Policies and deny the requests to allow additional sewer taps on Devil’s Racetrack Road Page2557 January 7 , 2008 – 6 00 pm Continued Commissioner DeVan Barbour noted the residents at the community meetings were told if they paid a surcharge to allow the line to be installed , then taps would be available to them in the future Commissioner Barbour stated while he understood the request differs from the County’s policy , he felt the request should be approved and agreed that no major subdivisions should be allowed to tap on The motion failed for lack of a second Second Motion Commissioner Tony Braswell moved the Board approve the request to allow additional sewer taps to be sold on the Devil’s Racetrack Road line , with the stipulation that no major subdivisions be allowed to tie on , per the County Manager’s recommendation Commissioner W Ray Woodall seconded the motion Commissioner Jeffrey P Carver stated the request , if approved , would be precedent setting and noted the County has denied requests for sewer taps in other areas of the County in the past Commissioner Wade M Stewart indicated he along with Mr Hester and Mr Broome had attended the community meetings with the residents of Devil’s Racetrack Road and stated those citizens were assured taps would be available in the future The issue of a major subdivision purchasing taps and using up the available capacity was a matter of concern with the residents and they were assured this would not happen Commissioner Stewart noted the issue was becoming more involved and should be reviewed further Second Motion Withdrawn Commissioner Braswell and Commissioner Woodall withdrew their motion and second Sub - Committee Established Following further discussion , it was the consensus of the Board to establish a sub - committee to study the request further Commissioners Stewart , Mims , and Barbour were appointed to the Committee A recommendation will be brought back to the Board at a later date Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board adjourned as the Ingram’s Township Water and Sewer District Board , and regular session was resumed 6 Board Reports and Comments A Veterans Office Move Commissioner W Ray Woodall reminded everyone that the Veterans Office has moved to the Land Use Center Commissioner Woodall commented he has received positive feedback regarding the move in that the new location is more handicap accessible for the Veterans B Firemen’s Association Meeting Commissioner Tony Braswell informed the Board that the Fireman’s Association will be meeting on Thursday , January 10 , 2008 at 7 00 pm at the Micro Fire Department for the annual Memorial Service There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 7 40 pm ____________________________ Cookie Pope , Chairman Paula G Woodard , Clerk to the BoardPage