February 4, 2008 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 577 Meeting of the Johnston County Board of Commissioners February 4 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 4 , 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 , DeVan Barbour , and Tony Braswell Absent W Ray Woodall 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 Sewer Tap Request on Devil’s Racetrack Road Emma Johnson , 3713 Masters Drive , Hope Mills , stated she owned two lots located on Devil’s Racetrack Road in Johnston County Ms Johnson inquired into the possibility of purchasing a sewer tap for one of the lots to allow an immediate family member her son to put a dwelling on the site After discussion regarding the request , Commissioner Wade M Stewart informed Ms Johnson that the issue of sewer taps on Devil’s Racetrack Road would be discussed later during the meeting under Manager Comment He instructed staff to contact Ms Johnson after the meeting and inform her of any possible action by the Board B Citizen Concern – Thompson Road and Surrounding Area in Four Oaks Kimberly Riley , 827 Thompson Road , Four Oaks , addressed the Board regarding ongoing concerns for the area surrounding Thompson Road , Webb Mill Road , and NC Hwy 96 near Four Oaks Ms Riley passed around photographs of her area and noted this was her second appearance before the Board expressing her concerns regarding mobile home ordinances , correct and timely disposal of trash by residents , construction of out - buildings , homes sharing electricity , and the removal of dilapidated structures Ms Riley submitted to the Board a packet of information containing copies of prior correspondence with the County staff concerning her issues as well as suggested possible solutions Commissioner Wade M Stewart stated he understood the concerns of Ms Riley Commissioner Stewart indicated the County Manager and County staff is working to address her issues ; however , he cautioned it is a slow process After further discussion on the matter , County Manager Rick Hester indicated he or the appropriate staff would follow up with Ms Riley Chairman Cookie Pope and Commissioner Stewart stated they appreciated Ms Riley’s patience and efforts 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – January 25 , 2008 and January 29 , 2008 Certified letters were mailed to adjoining property owners on January 24 , 2008 Notices were posted at the locations on December 3 , 2007 for Cases 07 - 48 ; 07 - 09 ; 07 - 43 ; 07 - 44 ; and 07 - 46 The Chairman opened the Rezoning Hearing for Case 07 - 48 Case 07 - 48 Petition to rezone 1423 acres of a 2752 acre tract from Agricultural Residential AR to Community Business CB located at 1569 Creech Church Rd SR 2117 approximately 010 miles southeast of its intersection with NC 42 East in O’Neals Township Tax ID 11N04043 Owner First South Bank Applicant Jonathan Stratton , c o Johnston United Soccer Association Page578 February 4 , 2008 – 6 00 pm Continued Planning Director Berry Gray stated this was a petition to rezone 1423 acres of a 2752 acre tract from Agricultural Residential to Community Business located at 1569 Creech Church Road approximately one - tenth of a mile southeast of the intersection with NC Hwy 42 East in the O’Neals Township Mr Gray noted the property on the zoning map for the Board and stated the acreage in question surrounds an existing area already zoned straight Community Business , with no special use designation The request by the Johnston United Soccer Association JUSA is for the surrounding acreage to be rezoned to Community Business also Mr Gray indicated the property was previously used as a golf driving range , which has since closed and is currently for sale Mr Gray pointed out the surrounding land uses are mainly Agricultural Residential and Creech Church along with an adjoining cemetery is located directly across from the subject property Jonathan Stratton , 106 LaFoy Drive , Clayton , on behalf of JUSA , referenced comments made by Commissioner W Ray Woodall from the Board of Commissioners ’ meeting in June 2007 indicating the availability of the subject site on Creech Church Road and its possibilities for a soccer facility Mr Stratton stated that in accordance with comments by other Commissioners from the June 2007 meeting , JUSA is requesting the rezoning prior to purchasing the property , and they are making efforts to adopt the highway Mr Stratton indicated that JUSA was approached by the neighboring property owners , Frank Johnson and Kendall Hocutt , and had met with them along with others in the community to address their concerns He stated in an effort to protect the interest of the community and those directly impacted , JUSA is requesting the Board to consider rezoning the subject property to Community Business – Special Use District Commissioner Allen L Mims , Jr asked if JUSA was requesting the Special Use District designation for the 1423 surrounding acres only Mr Stratton confirmed that JUSA is requesting the Special Use District designation for the 1423 surrounding acres and it was their understanding that the remaining acreage already zoned Community Business would not hold the Special Use District designation and therefore would not be impacted by the current rezoning , if approved In response to a question from Commissioner DeVan Barbour , County Manager Rick Hester confirmed the Board could rezone the property to Community Business – Special Use District without the revised request being heard by the Planning Board Commissioner Barbour asked Mr Stratton to again verify that JUSA was requesting Community Business – Special Use District for the 1423 acres Mr Stratton confirmed JUSA was revising their request for Community Business – Special Use District for the 1423 acres Mr Stratton stated JUSA had met with some of the members of the community in an effort to discuss special conditions He acknowledged one of the main concerns is lighting as well as the long term use of the property Donald Parker , 111 Walker Run , Selma , and Vice President for JUSA , informed the Board that along with concerns for the long term use of the property , the residents also expressed a concern regarding buffers Mr Parker stated JUSA is trying to work with the members of the community regarding special conditions Eleanor Creech , 6347 NC Hwy 39 , Selma , confirmed that she along with members of the community had met with JUSA representatives as well as County staff in order to review possible special conditions Ms Creech stated if the special conditions can be met , then she would have no concerns with the soccer facility At the request of the Chairman , by a show of hands , approximately 12 residents of the area indicated their attendance Mark White , 377 Creech Church Road , stated he had not been a part of the discussions concerning the special conditions ; however , he has spoken with neighboring property owner , Frank Johnson , who was involved Mr White voiced his concerns regarding the hours of operation as well as the possible increase in traffic He noted Creech Church Road is very rural with many blind curves and asked if turn lanes or traffic lights would be installed Mr Gray reported the Planning Board recommended denial , as the result of a tie vote , of Case 07 - 48 from Agricultural Residential AR to Community Business CB Mr Gray stated if the Board chooses to approve the rezoning to Community Business – Special Use District , staff is prepared to provide proposed special conditions and findings of facts for consideration Page579 February 4 , 2008 – 6 00 pm Continued Commissioner Wade M Stewart inquired if there would be any confusion or awkwardness for staff , regarding the acreage already zoned Community Business versus the surrounding acreage that , if approved , would be rezoned to Community Business – Special Use District Mr Gray reported if specific special conditions are applied , then staff does not foresee a problem Upon a question from Commissioner Mims , Mr Gray reported the existing Community Business zoning was placed into effect at the time the zoning regulations were reclassified and adopted into the County’s ordinance in September of 2000 Mr Gray noted the original zoning in 1998 , for the driving range was Hwy Business – Special Use District When zoning was restructured and the ordinance changed , that property was reclassified as straight Community Business with no special use , since Hwy Business no longer existed Commissioner Barbour asked why a Special Use District was not placed on the existing Community Business classification at that time Mr Gray reported he could not answer specifically why the Special Use District had not been applied in that the zoning was approved as Community Business , based on the overall Board approval of the proposed zoning map at the time There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 48 Decision on Rezoning Case 07 - 48 Case 07 - 48 Petition to rezone 1423 acres of a 2752 acre tract from Agricultural Residential AR to Community Business CB located at 1569 Creech Church Rd SR 2117 approximately 010 miles southeast of its intersection with NC 42 East in O’Neals Township Tax ID 11N04043 Owner First South Bank Applicant Jonathan Stratton , c o Johnston United Soccer Association Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 48 , to rezone 1423 acres of a 2752 acre tract from Agricultural Residential AR to Community Business – Special Use District CB - SUD located at 1569 Creech Church Rd SR 2117 approximately 010 miles southeast of its intersection with NC 42 East in the O’Neals Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 07 - 48 Case 07 - 48 Application to allow for the construction and operation of soccer fields Owner First South Bank Applicant Jonathan Stratton , c o Johnston United Soccer Association Those wishing to speak on Special Use Case 07 - 48 were sworn in by the Clerk to the Board Planning Director Berry Gray indicated staff did participate in a meeting earlier in the day , with the applicant and members of the community Based on that meeting , Mr Gray introduced the following proposed findings of facts and special use conditions into the record 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 Applicant is interested in developing field space that will be used primarily for playing soccer There is currently a lack of appropriate field space for children in our portion of the county which makes it difficult for the Johnston County United Soccer Club to provide playing space The club has undergone tremendous growth in the last few seasons and now has an enrollment of 600 children of all ages Landscape natural vegetative buffering will maintain the public’s 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 ; This land will be used in such a way as to comply with the intended land use regulations This development will abide by all regulations of the Johnston County 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 ; This land will be operated in such a way as to not have a negative impact on the local value This land is a public necessity as no other space has been provided for this expanding need Applicant has provided a 50 ’ foot bufferPage580 February 4 , 2008 – 6 00 pm Continued along all property lines , and appropriate buffers will be required where existing vegetation is not as intense as requirements Recreation is a definite need within the county as the county does not have a recreation department 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 land will conform with the county’s growth plan as it will meet the continuing need to develop recreation space for the many new members of the community Applicant will abide by all requirements of the codes and any conditions imposed by the boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition ; these conditions are applicable to the entire facility and any violation of any condition throughout the facility is a violation of this permit 2 Signage can be one free - standing , ground - mounted sign , maximum 16 sq ft in area , maximum 6 ’ in height ; no pole sign ; must obtain proper permits 3 No alcohol allowed on site 4 Lighting shall be with dark sky lighting only and shall not shine on adjacent properties The type of lighting must be reviewed and approved by the Planning Department 5 Maintain a 50 ft undisturbed buffer along all property lines This area shall include a Class C buffer consisting of 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet Existing vegetation can be used in lieu of the Class C buffer as long as it exceeds the required vegetative density A berm must be installed along the Hocutt and a portion of the Mr Frank Johnson property lines unless it is determined through the Stormwater Management Plan that drainage will adversely affect the adjacent properties , then a Class C Buffer will be required 6 Owner will be responsible for proper disposal of all site generated trash and debris No solid waste shall be found on site 7 Letter of approval from the Environmental Health Department for the sanitary facilities must be submitted prior to issuing a Land Use Permit 8 Liability insurance will be maintained in the amount of 1,000,000 one - million dollars single pay 9 Secure for off - hours by a security gate across the driveway access 10 Minimum of 50 parking spaces per field ; all parking on premises ; no parking on road 11 Artificial noise makers will not be allowed 12 Communication link to be set up between JUSA and the church to ensure that church use of the cemetery is posted on the JUSA site 13 A stormwater management plan must be approved by Public Utilities to ensure that drainage does not adversely affect adjacent property owners 14 An updated driveway permit must be obtained from NCDOT to ensure appropriate sight distance and determine any needed roadway improvements Mr Gray read and reviewed each of the special conditions listed above with the Board Commissioner DeVan Barbour requested Mr Gray to explain special condition no 12 in more detail Mr Gray reported special condition no 12 was agreed upon by JUSA and the Creech Church members in order to be respectful during funeral services He stated that the church would notify JUSA of all funeral services , and in turn , JUSA would post a sign on the soccer field entrance notifying the field users that a funeral service was taking place at that specific time Chairman Cookie Pope inquired as to the hours of operation Mr Gray reported JUSA has requested to address hours of operation Commissioner Allen L Mims , Jr noted special condition no 1 and asked if the language would apply to the entire facility Mr Gray confirmed the language in special condition no 1 specifies that all the special conditions would apply to the entire facility which would include three soccer fields on the existing acreage zoned Community Business as well as the two soccer fields that are proposed for the acreage rezoning to Community Business – Special Use District Mr Gray stated if the special use conditions are violated , then the special use permit would be revoked on those two fields County Attorney Mark Payne stated the Board has often , on a smaller scale , placed special use conditions on adjacent properties when dealing with access issues Mr Payne advised that it is permissible to have a special use permit that states , when conducting the operation , throughout the property , the user must follow the conditions If the special conditions are violated , the special use permit would be revoked and JUSA would be required to utilize the remaining three fields located on property zoned straight Community Business Mr Payne reported typically , the special conditions apply to just the area in question ; however , he advised it would be legally permissible to require the conditions for the entire facility PagePage pageNumber5581 February 4 , 2008 – 6 00 pm Continued Frank Johnson , 1596 Creech Church Road , stated he had met with the JUSA representatives ; however , he still had concerns regarding lighting Mr Johnson noted two of the soccer fields would be located directly behind his property and even with a 50 ft buffer in place , he was still concerned as to how tall the lighting would be Mr Johnson also expressed concerns as to the hours of operation Chairman Pope assured Mr Johnson the Board would discuss the hours of operation At the request of Commissioner Wade M Stewart , Mr Johnson noted the location of his residence in relation to the proposed site Kendall Hocutt , 1544 Creech Church Road , Kenly , stated he also had conversations with JUSA representatives , and while he is not pleased with JUSA’s plans for the property , he felt that some of the issues have been worked out Mr Hocutt explained one of his main concerns is that the property owners in the area were not notified when the zoning classifications were reconfigured in 2000 He stated he did not understand why the special use district was done away with when part of the property was reclassified from Hwy District – Special Use District to Community Business He noted he felt , at that time , the County officials did not properly notify the citizens regarding the zoning reclassifications Mr Hocutt asked the County to keep citizens better informed in the future with regards to changing zoning classifications Commissioner Barbour also expressed his confusion as to why a Special Use District was not associated with the property , after the reclassification to Community Business County Manager Rick Hester stated he would research the matter Commissioner Barbour asked for the JUSA representatives to discuss the proposed hours of operation Donald Parker , 111 Walker Run , Selma , and Vice President for JUSA , informed the Board that JUSA needs the entire acreage in order to have adequate field space He noted JUSA agreed to consider special conditions in order to address the concerns of the residents ; however , in June 2007 , JUSA felt handcuffed by the special conditions associated with the Atkeson property He stated typically , JUSA does not hold games before 1 00 pm on Sundays and he could only recall one instance due to a game being rescheduled for weather Mr Parker noted normal operations on week nights consist of 5 45 pm until 8 45 pm at different fields around the County ; however , there are occasions that JUSA would like to hold soccer clinics which may require longer hours Chairman Pope inquired as to activities during the summer months Mr Parker noted JUSA may need to hold soccer clinics during summer months Commissioner Tony Braswell asked for more clarification as to the summer months of operation Mr Parker reported half of the JUSA organization is recreational which plays from mid - August until the last week in October , and would start again during mid February until the end of April The Challenge Classic level games may start earlier in January In response to Chairman Pope , Mr Parker confirmed the summer months would typically be needed for soccer clinics and there may be some practice sessions by the Challenge Classic level He noted activities should be completed each day by 9 00 pm Commissioner Mims referenced the proposed special condition no 5 and questioned if JUSA would have adequate space for parking , in accordance with their site plan Mr Parker outlined the proposed buffer areas on the site plan as well as an aerial photograph for the Board noting the natural buffer area that JUSA does not intend to disturb Mr Parker also outlined the location of the existing lighting and proposed parking areas At the inquiry of Chairman Pope , Mr Parker pointed out two retention ponds on the property and noted their location in relation to the existing driveway Eleanor Creech , 6347 NC Hwy 39 , Selma , stated she along with the neighbors were concerned about the hours of operation ; however , they have been assured by JUSA representatives that no activities will begin beforePagePage pageNumber6582 February 4 , 2008 – 6 00 pm Continued 1 00 pm on Sundays , and if so , the Church members will be properly notified Ms Creech noted that the neighboring property owner Frank Johnson was concerned about how late at night the lights would be on Commissioner Barbour asked Ms Creech if she had a preference regarding the hours of operation Ms Creech pointed out she does not live on Creech Church Road ; however , she felt no activities should take place after 9 00 pm Mr Parker responded JUSA is a club for families and typically no activities will take place on the property after 9 00 pm , especially on school nights He noted there may be occasions where makeup games are scheduled during the week ; however , the normal hours of operation would be over by 9 00 pm Commissioner Stewart inquired as to starting times on week - ends Mr Parker reported on Saturdays , activities would normally begin around 9 00 am ; however , he stated participants may arrive early in order to set up and on occasion , a game may start at 8 00 am Jonathan Stratton , 106 LaFoy Drive , Clayton , on behalf of JUSA , pointed out the existing lights were kept on until 10 00 pm by the previous owner of the property for the driving range Mr Parker stated he realized the residents are concerned about lighting He noted the existing lighting is currently positioned low and at some point JUSA intends to raise them up so as to shine more directly onto the fields Mr Parker indicated the current positioning of the existing lighting is not suitable for soccer Commissioner Stewart stated JUSA would have to comply with lighting requirements as established in the special conditions Mr Parker referenced the existing lighting on the property already zoned straight Community Business and asked if those lights would fall under the special conditions Commissioner Stewart asked for clarification from staff , noting the issue was becoming confusing regarding the property already zoned straight Community Business versus the area that was rezoned to Community Business – Special Use District County Attorney Mark Payne advised that the Board could require any new lighting to be dark sky lighting so as not to shine on neighboring properties Mr Payne stated it should be determined if the existing lighting is currently shining on neighboring properties and if so , the Board can address that issue immediately Mr Payne indicated he felt the question is if the existing lighting is causing concern Chairman Pope asked Mr Parker if he understood the special condition regarding DOT requirements Mr Parker responded he understood the condition Commissioner Tony Braswell reminded everyone that in the previous rezoning case for the Atkeson Property , the Board was told that JUSA did not have adequate funds to pay for new lighting Commissioner Braswell inquired from Mr Parker as to JUSA’s intentions Mr Parker stated lighting currently exists on the area proposed for three fields in the straight Community Business zoning He noted JUSA’s business plan eventually calls for additional lighting on the proposed two fields in the Special Use District ; however , currently they cannot afford to install new lighting Stuart McLeod , 112 Hibiscus Drive , Clayton , President of JUSA , stated although he feels the special conditions are a liability to JUSA , they would offer protection to the community He further stated the project is valuable and is worth meeting the special conditions Mr McLeod reiterated JUSA is an organization operated by volunteers who are parents of the players and they are trying to fill a need for recreational services for the youth in the County Mr Hocutt reiterated the need to stipulate the hours of operation , specifically during the evenings He noted there has not been an issue yet ; however , he is concerned for the future and stated guidelines for activities should be established Roxanne Wells , 306 Radford Road , Pikeville , stated her mother owns property near the proposed buffer area Ms Wells expressed concerns regarding the future use of the property , lighting and buffer issues Ms PagePage pageNumber7583 February 4 , 2008 – 6 00 pm Continued Wells indicated the lighting is a nuisance and she hoped a consensus between the residents and JUSA can be reached Ms Wells noted the area is quiet and residential in nature and she asked the Board to consider the needs of the residents Commissioner Stewart stated he appreciated recreation activities such as soccer ; however , he wanted to make sure the residents are protected without putting undue expense on JUSA Commissioner Stewart questioned the proposed special condition no 4 regarding lighting and how it would be enforced He also stated he would like to hear from other property owners who lived in the area when the driving range was in operation and how it affected them Mr Hocutt reported when the driving range was in operation , the lights stayed on until 10 00 pm on most nights He noted although the existing lights did shine adjacent to his property , they were not an issue Mr Hocutt stated he believed the lights may have been an issue for some of the neighboring owners ; however , he believes that JUSA will reposition the lights downward away from the tree line Commissioner Barbour stated the lights would have needed to shine outward for a driving range , and asked if the existing lighting could be repositioned downward Mr Stratton stated the Planning staff has indicated JUSA can change the existing lighting Mr Hocutt stated he along with Frank Johnson would like for the Board to address lighting for the proposed two fields in the Special Use District , so as not to shine on their properties Commissioner Braswell called on County Attorney Mark Payne for further clarification on applying special conditions to the entire facility Mr Payne advised the Board could legally require the special conditions to be applicable to the entire facility and not just the area rezoned to Community Business – Special Use District Mr Payne stated if the applicant fails to comply with the special conditions , then the special use permit would be revoked , requiring JUSA to only hold activities on the three fields within the straight Community Business area At the inquiry of Commissioner Stewart , Mr Payne reiterated the Board does have the legal authority to place special conditions on the entire facility Commissioner Jeffrey P Carver noted some of the special conditions that were associated with JUSA’s request in June 2007 were not listed for the current rezoning Commissioner Carver inquired if there were any existing bleachers on the property , if adult leagues were going to play , as well as concession stand needs Mr McLeod noted there are benches on the property , but no bleachers He stated on the previous rezoning of the Atkeson property , JUSA felt they had to handcuff their activities in order to receive a favorable vote by the Board Mr McLeod stated the driving range property contained an existing pro - shop which JUSA feels could be utilized as a concession stand Mr McLeod asked the Board to allow some additional time for setup and cleanup activities when setting the hours of operation Commissioner Mims asked the JUSA representatives what hours of operation they would like to have established Mr McLeod reported JUSA would like to be able to set the closing hour at 10 00 pm ; however , he noted rarely would someone be on the property that late Commissioner Stewart proposed he would like to see hours established as Monday through Saturday from 7 00 am until 10 00 pm and Sundays from 1 00 pm until 6 00 pm Mr Parker stated JUSA could accept the hours of 7 00 am until 10 00 pm on Monday through Saturday ; however , they would like to see the hours on Sunday to be set as 1 00 pm until 7 00 pm Commissioner Mims stated he would like the Board to take into account when church services would be held , when considering the hours of operation Eleanor Creech asked Mr McLeod if adult leagues were going to be allowed Mr McLeod confirmed that JUSA is a youth program and no adult leagues would be allowed PagePage pageNumber8584 February 4 , 2008 – 6 00 pm Continued Planning Director Berry Gray reported that since there is no Planning Board recommendation , the Planning staff recommends approval , based on the findings of facts and special use conditions submitted There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 48 Decision on Special Use Case 07 - 48 Case 07 - 48 Application to allow for the construction and operation of soccer fields Owner First South Bank Applicant Jonathan Stratton , c o Johnston United Soccer Association Based on the following findings of facts and the special use conditions with the addition of special condition no 15 stipulating the hours of operation , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Applicant Jonathan Stratton c o Johnston United Soccer Association to allow for the construction and operation of soccer fields located on 1423 acres of a 2752 acre tract at 1569 Creech Church Rd SR 2117 approximately one tenth of a mile southeast of its intersection with NC Hwy 42 East in the O’Neals Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Commissioner Mims stated he appreciated the members of the community and the JUSA representatives working together to come to an agreement on the special conditions Chairman Pope also commended everyone for working together Findings 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 Applicant is interested in developing field space that will be used primarily for playing soccer There is currently a lack of appropriate field space for children in our portion of the county which makes it difficult for the Johnston County United Soccer Club to provide playing space The club has undergone tremendous growth in the last few seasons and now has an enrollment of 600 children of all ages Landscape natural vegetative buffering will maintain the public’s 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 ; This land will be used in such a way as to comply with the intended land use regulations This development will abide by all regulations of the Johnston County 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 ; This land will be operated in such a way as to not have a negative impact on the local value This land is a public necessity as no other space has been provided for this expanding need Applicant has provided a 50 ’ foot buffer along all property lines , and appropriate buffers will be required where existing vegetation is not as intense as requirements Recreation is a definite need within the county as the county does not have a recreation department 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 land will conform with the county’s growth plan as it will meet the continuing need to develop recreation space for the many new members of the community Applicant will abide by all requirements of the codes and any conditions imposed by the boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition ; these conditions are applicable to the entire facility and any violation of any condition throughout the facility is a violation of this permit 2 Signage can be one free - standing , ground - mounted sign , maximum 16 sq ft in area , maximum 6 ’ in height ; no pole sign ; must obtain proper permits 3 No alcohol allowed on site 4 Lighting shall be with dark sky lighting only and shall not shine on adjacent properties The type of lighting must be reviewed and approved by the Planning Department 5 Maintain a 50 ft undisturbed buffer along all property lines This area shall include a Class C buffer consisting of 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet Existing vegetation can be used in lieu of the Class C buffer as long as it exceeds the required vegetative density A berm must be installed along the Hocutt and a portion of the Mr Frank Johnson property lines unless it is determined through the Stormwater Management Plan that drainage will adversely affect the adjacent properties , then a Class C Buffer will be required 6 Owner will be responsible for proper disposal of all site generated trash and debris No solid waste shall be found on site 7 Letter of approval from the Environmental Health Department for the sanitary facilities must be submitted prior to issuing a Land Use Permit 8 Liability insurance will be maintained in the amount of 1,000,000 one - million dollars single pay PagePage pageNumber9585 February 4 , 2008 – 6 00 pm Continued 9 Secure for off - hours by a security gate across the driveway access 10 Minimum of 50 parking spaces per field ; all parking on premises ; no parking on road 11 Artificial noise makers will not be allowed 12 Communication link to be set up between JUSA and the church to ensure that church use of the cemetery is posted on the JUSA site 13 A stormwater management plan must be approved by Public Utilities to ensure that drainage does not adversely affect adjacent property owners 14 An updated driveway permit must be obtained from NCDOT to ensure appropriate sight distance and determine any needed roadway improvements 15 Hours of operation Monday – Saturday 7 00 am – 10 00 pm ; Sunday 12 00 pm – 10 00 pm The Chairman reopened the Special Use Hearing for Case 07 - 09 Case 07 - 09 Application to modify a Special Use Permit to reduce fencing and landscaping requirements located at 6484 Cornwallis Rd SR 1525 just north of its intersection with New Bethel Rd SR 1548 in Cleveland Township Tax ID 05F02023 Applicant Jeff Mangum , Triangle Landscape Supplies Owner ATM of NC , LLC Those wishing to speak on Special Use Case 07 - 09 were sworn in by the Clerk to the Board Planning Director Berry Gray stated this was a modification to a special use permit to reduce fencing and landscaping requirements located at 6484 Cornwallis Road , north of the intersection with New Bethel Road in the Cleveland Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 09 on December 18 , 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 • 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 December 18 , 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 09 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Gathers , and carried unanimously 8 - 0 , the Planning Board voted at its December 18 , 2007 meeting to recommend approval of the Special Use Permit modification , Case 07 - 09 , based on Staff recommendation and the findings of fact , and subject to the modified special conditions as presented 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 Triangle Landscape Supplies has been a company in operation in Johnston County for over 7 years We have been operating on a temporary site until we could find a permanent site which we could build to the standards we require all our facilities like the ones in North Raleigh and Morrisville The new location will be approximately ½ mile from the existing facility We are relocating to another side which will have the 70 bypass to the north side of the property and currently vacant land to the south We will meet all regulations for handicap access to the site The building will be having safety lights and the property will have a fence down the sides with landscape and a fence and landscape across the front There is a fence along the Hwy 70 Bypass placed by DOT Staff The proper fencing , lighting , and placement of supplies will maintain and 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 Triangle Landscape Supplies have been in operation in Johnston County over 7 years and have followed all rules and regulations of the county It is our intent to continue the same practices Staff Reduction of landscape and fencing requirements should not pose a problem based on the existence of berms and unusable land R - O - W adjacent and across Cornwallis Rd Page0586 February 4 , 2008 – 6 00 pm Continued 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 Over the past 7 years , Triangle Landscape Supplies has offered quality landscape materials to the citizens in Johnston County helping to educate them on all their needs Our employees help answer the problems citizens may have with their landscape problems to help beautify their property which help maintain property values By maintaining the facility in a neat and clean and safe manor , this will have a positive impact to the neighbors to the south or across the road The landscape plan for the buffers and general areas will be designed by a professional landscape architect who will help maintain a standard for the immediate area Staff The Bypass is adjacent to the property on the northern side No development of any type will take place to the north To the south , a 200 lot subdivision is being proposed The landscape buffering requirements and opaque fencing around the open storage on this southern side will maintain and or enhance the 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 A site plan will be submitted to the Johnston County boards for approval Staff The proposed development will comply with all codes and regulations along with any requirements as placed 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 Signage must comply with the sign code and obtain appropriate permits 4 Any security lighting must be engineered so as not to glare onto adjacent properties 5 An eight foot opaque fence must be constructed around the open storage of supplies on the southern property line and at least 20 feet on the western side to screen from cars passing by on Cornwallis Rd ; on the side adjacent to the Hwy 70 Bypass , the DOT fence will suffice 6 Hours of operation Monday - Saturday 7am - 5pm and 12pm - 5pm on Sundays 7 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 3 small tress , and 12 shrubs every 100 linear feet Installation of a Class B buffer along the southern and eastern rezoning lines and a Class A buffer 2 large trees , 2 small trees , and 6 shrubs every 100 linear feet along the road frontage May use existing vegetation on the eastern side if more intense than the 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet ; existing vegetation must be maintained 8 Must obtain a commercial driveway permit from DOT 9 No mulching or grinding of materials on site Mr Gray reviewed with the Board the proposed modifications to the special conditions , outlining specifically the fence and buffer requirements He noted this case was reviewed several months ago and since that time , construction on the Clayton Bypass has begun in this area Mr Gray stated staff has no concerns with the modifications due to the existing vegetation on the property He noted one main concern is the southern property line adjacent to a new subdivision ; however , he stated this area will require the opaque fence and buffer Applicant Jeff Mangum , 3600 Brackenridge Lane , Fuquay - Varina , noted US Hwy 70 is just north of the site where there is an approximate 60 ft drop and anyone driving by would be unable to see his operation Mr Mangum reported he owns the land to the east and stated with regards to the new subdivision , he will install the required buffer and fence Mr Gray stated based on the findings of facts with the revised special use conditions , the Planning Board recommended approval of the modifications to Special Use Permit 07 - 09 There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 09 Decision on Special Use Case 07 - 09 Case 07 - 09 Application to modify a Special Use Permit to reduce fencing and landscaping requirements located at 6484 Cornwallis Rd SR 1525 just north of its intersection with New Bethel Rd SR 1548 in Cleveland Township Tax ID 05F02023 Applicant Jeff Mangum , Triangle Landscape Supplies Owner ATM of NC , LLC Based on the following findings of facts and the special use conditions with modifications noted by strike - out , bold , and italics , Commissioner DeVan Barbour moved the Board approve the modifications to the special use permit for Case 07 - 09 Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit Page1587 February 4 , 2008 – 6 00 pm Continued 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 ; Triangle Landscape Supplies has been a company in operation in Johnston County for over 7 years We have been operating on a temporary site until we could find a permanent site which we could build to the standards we require all our facilities like the ones in North Raleigh and Morrisville The new location will be approximately ½ mile from the existing facility We are relocating to another side which will have the 70 bypass to the north side of the property and currently vacant land to the south We will meet all regulations for handicap access to the site The building will be having safety lights and the property will have a fence down the sides with landscape and a fence and landscape across the front There is a fence along the Hwy 70 Bypass placed by DOT The proper fencing , lighting , and placement of supplies will maintain and 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 ; Triangle Landscape Supplies have been in operation in Johnston County over 7 years and have followed all rules and regulations of the county It is our intent to continue the same practices Reduction of landscape and fencing requirements should not pose a problem based on the existence of berms and unusable land R - O - W adjacent and across Cornwallis Rd 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 ; Over the past 7 years , Triangle Landscape Supplies has offered quality landscape materials to the citizens in Johnston County helping to educate them on all their needs Our employees help answer the problems citizens may have with their landscape problems to help beautify their property which help maintain property values By maintaining the facility in a neat and clean and safe manor , this will have a positive impact to the neighbors to the south or across the road The landscape plan for the buffers and general areas will be designed by a professional landscape architect who will help maintain a standard for the immediate area The Bypass is adjacent to the property on the northern side No development of any type will take place to the north To the south , a 200 lot subdivision is being proposed The landscape buffering requirements and opaque fencing around the open storage on this southern side will maintain and or enhance the 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 A site plan will be submitted to the Johnston County boards for approval The proposed development will comply with all codes and regulations along with any requirements as placed 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 Signage must comply with the sign code and obtain appropriate permits 4 Any security lighting must be engineered so as not to glare onto adjacent properties 5 An eight foot opaque fence must be constructed around the open storage of supplies on the southern property line and at least 20 feet on the western side to screen from cars passing by on Cornwallis Rd ; on the side adjacent to the Hwy 70 Bypass , the DOT fence will suffice 6 Hours of operation Monday - Saturday 7am - 5pm and 12pm - 5pm on Sundays 7 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 3 small tress , and 12 shrubs every 100 linear feet Installation of a Class B buffer along the southern and eastern rezoning lines and a Class A buffer 2 large trees , 2 small trees , and 6 shrubs every 100 linear feet along the road frontage May use existing vegetation on the eastern side if more intense than the 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet ; existing vegetation must be maintained 8 Must obtain a commercial driveway permit from DOT 9 No mulching or grinding of materials on site Note Modifications in strike - out , bold , and italics The Chairman reopened the Rezoning Hearing for Case 07 - 43 Case 07 - 43 Petition to rezone 130 acres of a 327 acre tract from General Business GB to Industrial - 2 Special Use District I - 2 - SUD and the remaining 197 acres from Agricultural Residential AR to Industrial - 2 Special Use District I - 2 - SUD located on Ramblewood Drive , approximately 010 mile north of its intersection with US 70 in Clayton Township Tax ID 05G01200I Owner D & S Properties Applicant True Line Surveying , Shane Strickland Planning Director Berry Gray stated this was a petition to rezone 130 acres of a 327 acre tract from General Business to Industrial - 2 Special Use District and the remaining 197 acres from Agricultural Residential to Industrial - 2 Special Use District located on Ramblewood Drive , approximately one tenth of a mile north of its intersection with US Hwy 70 in the Clayton Township Mr Gray reported D & S Properties also own the adjacent mobile home park as well as the three used car lots near the County line in this area Mr Gray stated a special use application is associated with the request to allow for contractors ’ offices and a storage yard and orPage2588 February 4 , 2008 – 6 00 pm Continued public works and public utilities facilities , including service and storage yards He noted the surrounding uses and stated the location is an emerging commercial area in this section of Johnston County David Banister , of D & S Properties , stated he would be glad to answer any questions Mr Gray reported the Planning Board recommended approval of Case 07 - 43 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 43 Decision on Rezoning Case 07 - 43 Case 07 - 43 Petition to rezone 130 acres of a 327 acre tract from General Business GB to Industrial - 2 Special Use District I - 2 - SUD and the remaining 197 acres from Agricultural Residential AR to Industrial - 2 Special Use District I - 2 - SUD located on Ramblewood Drive , approximately 010 mile north of its intersection with US 70 in Clayton Township Tax ID 05G01200I Owner D & S Properties Applicant True Line Surveying , Shane Strickland Commissioner Wade M Stewart moved the Board approve rezoning case 07 - 43 , to rezone 130 acres of a 327 acre tract from General Business GB to Industrial - 2 Special Use District I - 2 - SUD and the remaining 197 acres from Agricultural Residential AR to Industrial - 2 Special Use District I - 2 - SUD located on Ramblewood Drive , approximately one tenth of a mile north of its intersection with US Hwy 70 in the Clayton Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 07 - 43 Case 07 - 43 Application to allow for contractors ’ offices and storage yard and or public works and public utilities facilities , including service and storage yards Owner D & S Properties Applicant True Line Surveying , Shane Strickland Those wishing to speak on Special Use Case 07 - 43 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 contractors ’ offices and a storage yard and or public works and public utilities facilities , including service and storage yards Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 43 on December 18 , 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 • 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 December 18 , 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 43 and made the following recommendations Upon a motion by Mr Gathers , seconded by Mr Moore and carried unanimously 8 - 0 , the Planning Board voted , at its December 18 , 2007 meeting , to recommend approval of the Special Use Permit request , Case 07 - 43 , 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 Development of area will be operated so as to maintain the public health safety by designing area to conform to all state federal regulations and will contribute to the general welfare by providing areas for useful businesses to operate , contributing to the economic development of the area and providing additional revenue to the County Page3589 February 4 , 2008 – 6 00 pm Continued Staff Site is located amongst some general business and residential uses Landscape buffering along with solid wall or fencing , secured access , engineered lights , and enforced hours of operation will maintain the public’s 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 Development will provide businesses so as to increase revenues for the County in an effort to balance the amount of residential and nonresidential development Staff The open storage for contracting offices will have limited hours of operation to control the intensity of the use and will abide by all regulations of the Johnston County 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 Buildings will be designed to be visually appealing as well as structurally sound and will be located and designed to enhance the contiguous property by preserving the character of the area and the adjacent residential property and will be publicly necessary for tax revenue for the area and will boost the economy Staff The storage yard can never contain any scrap metal or salvaged automobile or parts The outdoor open storage for the contracting offices will be required to be enclosed within a solid fence or wall of at least eight feet in height This 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 Development conforms with general plans of physical developing property to be desirable places to do business and also desirable places to live and the goal would be to protect the property value and at the same time enhance the tax base for the county Staff Applicant will abide by all requirements of the codes and any conditions imposed 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 Must obtain commercial driveway permit from NCDOT ; must petition NCDOT for maintenance of Ramblewood Drive 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 5 Existing vegetation shall remain as long as it is more intense than Class C on the northern and eastern sides and more intense than Class B buffer along the southern and western lines where the adjacent GB zoning district exists Installation of buffer will be required outside the required fence if existing vegetation is not sufficient 6 Hours of operation 6am - 7pm , seven days per week 7 Signage must comply with Sign Code 8 Access must be controlled with security gate ; gate must be recessed to allow a vehicle to turn in and not sit in the street 9 No scrap metal or salvaged automobiles or parts will be allowed within the open storage 10 Open storage must be enclosed within 8 foot solid wall or fence 11 Mobile home to be used as office must meet commercial building codes 12 Stormwater Management Plan is required due to impervious nature of the gravel Mr Gray listed and reviewed each of the special use conditions with the Board Commissioner Allen L Mims , Jr inquired if any contact had been made with the Department of Transportation regarding the maintenance of Ramblewood Drive David Banister , of D & S Properties , reported he believes that Ramblewood Drive is a State maintained road and they have inquired into obtaining a commercial driveway permit Mr Banister stated D & S Properties would like to be good stewards of the community and would not do anything that would be considered a detriment to the area Mr Gray reported based on the findings of facts with the special use conditions , the Planning Board recommended approval of the special use application for case 07 - 43 There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 43 Decision on Special Use Case 07 - 43 Case 07 - 43 Application to allow for contractors ’ offices and storage yard and or public works and public utilities facilities , including service and storage yards Owner D & S Properties Applicant True Line Surveying , Shane Strickland Based on the following findings of facts and the special use conditions , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Applicant True LinePage4590 February 4 , 2008 – 6 00 pm Continued Surveying to allow for contractors ’ offices and storage yard and or public works and public utilities facilities , including service and storage yards located on Ramblewood Drive , approximately one tenth of a mile north of its intersection with US Hwy 70 in the Clayton Township Commissioner Wade M Stewart 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 ; Development of area will be operated so as to maintain the public health safety by designing area to conform to all state federal regulations and will contribute to the general welfare by providing areas for useful businesses to operate , contributing to the economic development of the area and providing additional revenue to the County Site is located amongst some general business and residential uses Landscape buffering along with solid wall or fencing , secured access , engineered lights , and enforced hours of operation will maintain the public’s 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 ; Development will provide businesses so as to increase revenues for the County in an effort to balance the amount of residential and nonresidential development The open storage for contracting offices will have limited hours of operation to control the intensity of the use and will abide by all regulations of the Johnston County 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 ; Buildings will be designed to be visually appealing as well as structurally sound and will be located and designed to enhance the contiguous property by preserving the character of the area and the adjacent residential property and will be publicly necessary for tax revenue for the area and will boost the economy The storage yard can never contain any scrap metal or salvaged automobile or parts The outdoor open storage for the contracting offices will be required to be enclosed within a solid fence or w