June 2, 2008 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 786 Meeting of the Johnston County Board of Commissioners June 2 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 2 , 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 None 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – May 21 and 28 , 2008 Certified letters were mailed to adjoining property owners on May 22 , 2008 Notices were posted at the locations on April 3 , 2008 for Cases 07 - 47 ; 08 - 12 ; and 08 - 14 The Chairman opened the Rezoning Hearing for Case 07 - 47 Case 07 - 47 Petition to rezone a 428 acre tract from Agricultural Residential AR to General Business - Special Use District GB - SUD located on the southeast corner of NC Hwy 42 East and Thanksgiving Fire Road SR 1720 in O’Neals Township Tax ID 16L05029H Owner George Kolam , Jose K Kolampallikattel and Mani Kurian Applicant Mani Kurian Planning Director Berry Gray stated the petition is to rezone a 428 acre tract from Agricultural Residential to General Business - Special Use District located on the southeast corner of NC Hwy 42 East and Thanksgiving Fire Road in O’Neals Township Mr Gray noted there is an associated special use application with the rezoning request to allow for the construction and operation of a convenience store with gas pumps and a restaurant He stated the property is currently unimproved Mr Gray reported the surrounding zoning consists of Agricultural Residential with the remaining corners at the intersection also being unimproved The Volunteer Fire Department is located to the northwest , a church to the northeast , and the remaining area is primarily used for agricultural and residential purposes Mr Gray recalled that the Board of Commissioners , in March 2008 , sent the request back to the Planning Board for further review in light of the applicant’s revised request reducing the proposed uses for the site He stated the Planning Board reviewed the revised request and recommended removal of the auto - service center Mr Gray noted he had received a revised rezoning map from the applicant The Chairman instructed Mr Gray to hold the revised rezoning map until the special use hearing In response to questions from Commissioners W Ray Woodall and Allen L Mims , Jr , Mr Gray reported the original requested uses for mini - storage , an auto - service center , and a carwash have been removed Applicant Mani Kurian , 118 White Deer Trail , Garner , addressed the Board and stated a convenience store with gas pumps and restaurant is an appropriate use for the area Mr Kurian reported the business would create approximately eight to ten new jobs for the area as well as add to the tax base of the County He stated the intersection is one of the busier intersections in Johnston County ; therefore , the proposed use should be successful Mr Kurian acknowledged there has been some opposition to the rezoning by the pastor of the local church ; however , he reiterated the operation would provide additional jobs and would be respectful to the surrounding area Teresa Daughtry , 25 White Oak Drive , Smithfield , commercial real estate agent with Century 21 Weaver Commercial , representing the applicant , stated it is her opinion that eventually all four corners of the intersection will be utilized for commercial uses She noted Mr Kurian also owned one of the other corner lotsPage787 June 2 , 2008 – 6 00 pm Continued at the intersection Ms Daughtry indicated Mr Kurian’s original request did contain too many uses for the subject site and felt the revised request would be good for the area Commissioner Mims asked Ms Daughtry if she represented all four corners of the intersection Ms Daughtry reported at the present time , she does not represent the other two corners of the intersection She stated she understood it would be ideal if the entire intersection could be considered together as one project , specifically when reviewing potential transportation improvements Charles Stroud , 7110 Hwy 96 North , Selma , reported he owns the adjacent seven acres of land and he supports the rezoning Mr Stroud stated he felt the use would be good for the area David Earp , 6301 NC Hwy 42 East , Selma , stated he is the closest resident to the subject site and he is opposed to the rezoning Mr Earp stated even with the revised request that has reduced the proposed uses for the property , he believes it would still be too much for the small tract of land He indicated a plan for growth for the entire intersection should be considered , rather than individual lots Mr Gray reported the Planning Board recommended approval of Case 07 - 47 from Agricultural Residential to General Business - Special Use District There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 47 Decision on Rezoning Case 07 - 47 Case 07 - 47 Petition to rezone a 428 acre tract from Agricultural Residential AR to General Business - Special Use District GB - SUD located on the southeast corner of NC Hwy 42 East and Thanksgiving Fire Road SR 1720 in O’Neals Township Tax ID 16L05029H Owner George Kolam , Jose K Kolampallikattel and Mani Kurian Applicant Mani Kurian Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 47 , to rezone a 428 acre tract from Agricultural Residential to General Business - Special Use District located on the southeast corner of NC Hwy 42 East and Thanksgiving Fire Road in O’Neals Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 07 - 47 Case 07 - 47 Application to allow for the construction and operation of a convenience store with gas pumps and a restaurant Owner George Kolam , Jose K Kolampallikattel and Mani Kurian Applicant Mani Kurian Those wishing to speak on Special Use Case 07 - 47 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the construction and operation of a convenience store with gas pumps and a restaurant Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 47 on December 17 , 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 Page788 June 2 , 2008 – 6 00 pm Continued On April 15 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 47 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Browder and carried 6 - 1 with Mr Jenkins dissenting , the Planning Board voted at its April 15 , 2008 meeting to recommend approval of the Special Use Permit request , Case 07 - 47 , with the amended site plan , and 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 This property is being developed in such a way as to minimize the impact to public health and safety Improvements to the adjoining roads will be made in accordance with the requirements of NCDOT The driveways are being placed away from the intersection of NC 42 and Thanksgiving Fire Road to provide adequate site distances Staff Required traffic improvements , including the locating of driveways away from the intersection of NC Hwy 42 and Thanksgiving Fire Road , as well as the maintenance of a landscaped buffer , 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 be in accordance with the General Business zoning district of the Land Development Code We will comply with all state , federal and local regulations having jurisdiction over this development Staff All petitioned uses are allowed in the general business district If the quality of soils along with acreage doesn’t allow the intensity of uses , applicant may need to eliminate one or more uses Property is located at an intersection of an arterial and collector street , and can service the daily convenience and personal service needs of the immediate area , and countywide or regional commercial and service needs 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 development has been designed with landscape buffers in accordance with the Land Development Code to protect the adjoining property The physical appearance of this development will not negatively impact the value of the adjoining property Staff Located at the intersection of an arterial and collector street , this location will provide for a development to serve the daily convenience and personal service needs of a surrounding area This is the intent of the General Business Zoning District 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The development will comply with all requirements of the county development regulations and policies Staff Applicant will abide by all requirements and codes of the Johnston County Land Development Code and 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 Sign Code 4 Driveways must be located as far from the intersection on NC 42 and SR 1720 as possible The driveway on NC Hwy 42 shall be right in right out only 5 Must comply with all NCDOT traffic improvements and requirements 6 All new buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 7 Class B buffer which requires 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet along both road front property lines and Class B buffer which requires 3 large trees , 4 small trees , and 12 shrubs for every 100 linear feet along interior lot lines 8 Hours of operation Gas station Convenience Store , 24 hours , 7 days a week ; Restaurant , 5am - 10pm , 7 days a week 9 Lighting must be designed so as not to shine on adjacent properties and must be dark sky lighting A lighting plan must be submitted to the Planning Department for approval 10 Site plan shall be amended to remove the auto service station and the area where the oil change and service bays would have been shall be non - impervious Mr Gray reported the applicant did remove several of the originally requested uses which included the carwash , auto - service center , and the mini - storage units He stated the Planning Board recommended the removal of the auto - service center and the area where it would have been located , now is included as a non - impervious surface Mr Gray listed and reviewed each of the special use conditions with the Board Upon a question from Chairman Cookie Pope , Mr Gray submitted the revised rezoning map and confirmed the use would utilize approximately half of the acreage on the lot Page789 June 2 , 2008 – 6 00 pm Continued Applicant Mani Kurian , 118 White Deer Trail , Garner , stated the intersection would be a good place for the proposed convenience store and restaurant 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 - 47 Commissioner Allen L Mims , Jr inquired if the Department of Transportation DOT had reviewed the request Mr Gray reported to date , the only recommendations staff has received from the DOT concerns the alignment of the driveways being as far away as possible from the intersection Mr Gray confirmed that staff has received no comments from the DOT regarding a traffic signal at the intersection He noted since the County requires the stipulation that the driveway on NC Hwy 42 will be right in right out only , the DOT will respect the condition There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 47 Decision on Special Use Case 07 - 47 Case 07 - 47 Application to allow for the construction and operation of a convenience store with gas pumps and a restaurant Owner George Kolam , Jose K Kolampallikattel and Mani Kurian Applicant Mani Kurian Based on the following findings of facts and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant Mani Kurian to allow for the construction and operation of a convenience store with gas pumps and a restaurant on a 428 acre tract located on the southeast corner of NC Hwy 42 East and Thanksgiving Fire Road in O’Neals Township Commissioner Tony Braswell 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 ; This property is being developed in such a way as to minimize the impact to public health and safety Improvements to the adjoining roads will be made in accordance with the requirements of NCDOT The driveways are being placed away from the intersection of NC 42 and Thanksgiving Fire Road to provide adequate site distances Required traffic improvements , including the locating of driveways away from the intersection of NC Hwy 42 and Thanksgiving Fire Road , as well as the maintenance of a landscaped buffer , 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 be in accordance with the General Business zoning district of the Land Development Code We will comply with all state , federal and local regulations having jurisdiction over this development All petitioned uses are allowed in the general business district If the quality of soils along with acreage doesn’t allow the intensity of uses , applicant may need to eliminate one or more uses Property is located at an intersection of an arterial and collector street , and can service the daily convenience and personal service needs of the immediate area , and countywide or regional commercial and service needs 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 development has been designed with landscape buffers in accordance with the Land Development Code to protect the adjoining property The physical appearance of this development will not negatively impact the value of the adjoining property Located at the intersection of an arterial and collector street , this location will provide for a development to serve the daily convenience and personal service needs of a surrounding area This is the intent of the General Business Zoning District 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The development will comply with all requirements of the county development regulations and policies Applicant will abide by all requirements and codes of the Johnston County Land Development Code and 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 Sign Code 4 Driveways must be located as far from the intersection on NC 42 and SR 1720 as possible The driveway on NC Hwy 42 shall be right in right out only PagePage pageNumber5790 June 2 , 2008 – 6 00 pm Continued 5 Must comply with all NCDOT traffic improvements and requirements 6 All new buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 7 Class B buffer which requires 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet along both road front property lines and Class B buffer which requires 3 large trees , 4 small trees , and 12 shrubs for every 100 linear feet along interior lot lines 8 Hours of operation Gas station Convenience Store , 24 hours , 7 days a week ; Restaurant , 5am - 10pm , 7 days a week 9 Lighting must be designed so as not to shine on adjacent properties and must be dark sky lighting A lighting plan must be submitted to the Planning Department for approval 10 Site plan shall be amended to remove the auto service station and the area where the oil change and service bays would have been shall be non - impervious The Chairman reopened the Rezoning Hearing for Case 08 - 12 Case 08 - 12 Petition to rezone a 172 acre tract from Agricultural Residential - Special Use District AR - SUD to General Business - Special Use District GB - SUD located at 780 Landmark Road SR 1538 in Pleasant Grove Township Tax ID 13B01016M Owners Applicants Allen L Glover and Joyce A Glover Planning Director Berry Gray stated the petition is to rezone a 172 acre tract from Agricultural Residential - Special Use District to General Business - Special Use District located at 780 Landmark Road in Pleasant Grove Township Mr Gray noted the associated special use request with the rezoning is to allow for up to three units of general office space Mr Gray reported the property’s current zoning of Agricultural Residential - Special Use District allowed the former nursery and garden center ; however , that use is no longer in operation Mr Gray stated the surrounding zoning is Agricultural Residential and a mini - storage facility is located approximately one fourth of a mile north , which is zoned General Business - Special Use District Linwood Byrd , Byrd Surveying , 112 East Johnston Street , Smithfield , representing the property owners applicants , reported the Glovers originally opened the nursery and garden center in 1999 and operated it for several years He stated Mr Glover’s personal residence is located approximately 150 feet beyond the warehouse structure that he now wishes to convert into an office center Mr Byrd noted Mr Glover closed the garden center due to the traffic it generated on weekends and now only utilizes the building for an office Mr Byrd informed the Board that if the rezoning request is approved , Mr Glover would like for the Board to approve the special use application to allow for a maximum of 15 parking spaces , rather than 11 The additional parking spaces would allow five spaces per office unit Mr Byrd acknowledged there was a concern by the Planning Board over the wide range of uses that could be allowed under General Business ; therefore , he reported the Glovers were acceptable to any special conditions the Board felt was necessary in keeping with good business practices Mr Gray reported the Planning Board recommended approval of Case 08 - 12 from Agricultural Residential - Special Use District to General Business - Special Use District There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 12 Decision on Rezoning Case 08 - 12 Case 08 - 12 Petition to rezone a 172 acre tract from Agricultural Residential - Special Use District AR - SUD to General Business - Special Use District GB - SUD located at 780 Landmark Road SR 1538 in Pleasant Grove Township Tax ID 13B01016M Owners Applicants Allen L Glover and Joyce A Glover Commissioner Allen L Mims , Jr moved the Board approve rezoning case 08 - 12 , to rezone a 172 acre tract from Agricultural Residential - Special Use District to General Business - Special Use District located at 780 Landmark Road in Pleasant Grove Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 08 - 12 Case 08 - 12 Application to allow for up to three units of general office space Owners Applicants Allen L Glover and Joyce A Glover Those wishing to speak on Special Use Case 08 - 12 were sworn in by the Clerk to the Board PagePage pageNumber6791 June 2 , 2008 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the request is to allow for up to three units of general office space Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 12 on February 28 , 2008 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 April 15 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 12 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Browder and carried unanimously 7 - 0 the Planning Board voted at its April 15 , 2008 meeting to recommend approval of the Special Use Permit request , Case 08 - 12 , 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 This property is presently zoned for a nursery and garden center which no longer exists The proposed zoning of GB Special Use would be in harmony with the existing conditions and surroundings Staff Normal operating hours and the maintenance of a landscaped buffer will promote the public health , safety and general welfare All permits will be adhered to 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 Yes , to our knowledge Staff The intent of the General Business district is to provide for the development of commercial and service centers that are accessible to the general public and surrounding neighborhoods A commercial development with flex - space is in accordance with the intent of the GB district 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 Owners wish to use the existing office nursery building for General Business purposes which would be consistent with the existing conditions and surroundings Staff This project will have minimal impact since the proposed office commercial space is already existing and the property has been used commercially in the past The Special Use Conditions listed below will provide measures to protect surrounding residences and to help maintain the value of contiguous property 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 Yes , to our knowledge Staff Applicant’s proposed 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 A detailed site plan must be submitted for review and approval by the Planning and Zoning Department Staff 3 Must obtain an updated commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of at least a Class B buffer along all property lines 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet 20 ’ Street , 10 ’ Internal 5 All buildings on site must meet NC Commercial Building Codes 6 This permit allows for general office use only However , if other uses are granted approval in the future , applicant shall consult the Environmental Health Department regarding modification of EH permit at that time 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Signage must comply with Sign Code 9 Hours of operation will not exceed 7 00 am to 9 00 pm , Monday thru Saturday 10 The total number of parking spaces shall not exceed eleven 11 11 Use shall be limited to general office space , with a maximum of three 3 units PagePage pageNumber7792 June 2 , 2008 – 6 00 pm Continued 12 If this space is subdivided , or otherwise occupied by a subtenant , the subtenant shall also be limited to general office space and the Planning Department shall be notified regarding the use Mr Gray reported the Planning Board did have a concern over the possible types of uses that could be allowed ; therefore , the Planning Board requested the special use be narrowed to general office space only He noted originally , the request was for flex space which would have allowed uses such as retail and entertainment Mr Gray stated Mr Glover has indicated to staff that he envisions only office type uses and no retail uses are planned Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray reported originally 11 parking spaces were requested ; however , the condition could be adjusted to 15 , if appropriate Commissioner Jeffrey P Carver asked why special condition no 10 was approved to only allow for a maximum of 11 spaces Mr Gray stated special condition no 10 was based on the existing parking spaces at the subject site ; however , staff has no concerns with adjusting the number to 15 parking spaces Linwood Byrd , Byrd Surveying , 112 East Johnston Street , Smithfield , representing the property owners applicants , reported the Glovers submitted a new driveway permit application to the DOT , which has been granted as of April 16 , 2008 Mr Byrd provided a copy of the driveway permit approval to Mr Gray for the Planning Department’s file Mr Byrd asked the Board to allow the additional parking spaces in order to have five spaces per office unit , for a maximum of 15 spaces He stated there is an adequate area to accommodate the additional spaces Commissioner Allen L Mims , Jr inquired as to why the new driveway permit was needed Mr Byrd reported any time a property is considered for rezoning or a special use permit , a new driveway permit must be obtained from the DOT to determine if additional improvements are needed with the new use Mr Byrd informed the Board that the DOT is of the opinion that Landmark Road is a 45 mile per hour speed zone ; however , it is not posted as such Mr Byrd has requested the DOT to post Landmark Road indicating the proper speed limit and he asked the Board to assist in the effort to have the road posted at 45 miles per hour 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 08 - 12 There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 12 Decision on Special Use Case 08 - 12 Case 08 - 12 Application to allow for up to three units of general office space Owners Applicants Allen L Glover and Joyce A Glover Based on the following findings of facts and the revised special use conditions to allow for a maximum of 15 parking spaces , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicants Owners Allen L Glover and Joyce A Glover to allow for up to three units of general office space on a 172 acre tract located at 780 Landmark Road in Pleasant Grove 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 ; This property is presently zoned for a nursery and garden center which no longer exists The proposed zoning of GB Special Use would be in harmony with the existing conditions and surroundings Normal operating hours and the maintenance of a landscaped buffer will promote the public health , safety and general welfare All permits will be adhered to 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 ; Yes , to our knowledge The intent of the General Business district is to provide for the development of commercial and service centers that are accessible to the general public and surrounding neighborhoods A commercial development with flex - space is in accordance with the intent of the GB district 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 ;PagePage pageNumber8793 June 2 , 2008 – 6 00 pm Continued Owners wish to use the existing office nursery building for General Business purposes which would be consistent with the existing conditions and surroundings This project will have minimal impact since the proposed office commercial space is already existing and the property has been used commercially in the past The Special Use Conditions listed below will provide measures to protect surrounding residences and to help maintain the value of contiguous property 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 Yes , to our knowledge Applicant’s proposed 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 A detailed site plan must be submitted for review and approval by the Planning and Zoning Department Staff 3 Must obtain an updated commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of at least a Class B buffer along all property lines 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet 20 ’ Street , 10 ’ Internal 5 All buildings on site must meet NC Commercial Building Codes 6 This permit allows for general office use only However , if other uses are granted approval in the future , applicant shall consult the Environmental Health Department regarding modification of EH permit at that time 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Signage must comply with Sign Code 9 Hours of operation will not exceed 7 00 am to 9 00 pm , Monday thru Saturday 10 The total number of parking spaces shall not exceed fifteen 15 11 Use shall be limited to general office space , with a maximum of three 3 units 12 If this space is subdivided , or otherwise occupied by a subtenant , the subtenant shall also be limited to general office space and the Planning Department shall be notified regarding the use Rezoning Case 08 - 14 no rezoning public hearing required Case 08 - 14 Petition to rezone 2697 acres of an 11325 acre tract from General Business - Special Use District GB - SUD with no use defined to General Business - Special Use District GB - SUD located at the intersection of NC Hwy 50 and Mt Pleasant Road SR 1533 in Pleasant Grove Township Tax ID 13D02014B Owner Son - Lan Shipwash , LLC Applicant True Line Surveying After discussion regarding the need to have a public hearing on the rezoning of Case 08 - 14 , County Attorney Mark Payne advised that since the property was previously rezoned to General Business - Special Use District , with no use defined , a public hearing for rezoning the property was not required and the Board could hear the special use petition The Chairman reopened the Special Use Hearing for Case 08 - 14 Case 08 - 14 Application to allow for a convenience store service station with attached outparcel , fuel pumps , car wash , and drive - thru restaurant Owner Son - Lan Shipwash , LLC Applicant True Line Surveying Those wishing to speak on Special Use Case 08 - 14 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a convenience store service station with attached outparcel , fuel pumps , car wash , and drive - thru restaurant Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 14 on March 28 , 2008 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 PagePage pageNumber9794 June 2 , 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 April 15 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 14 and made the following recommendations Upon the motion by Mr Browder to approve with the hours restricted , seconded by Mr Schulz and carried unanimously 7 - 0 the Planning Board voted at its April 15 , 2008 meeting , to recommend approval of the Special Use Permit , Case 08 - 14 , 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 Commercial development of area will be operated so as to maintain the public health and safety by designing area to conform with all federal state 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 Staff Normal operating hours and the maintenance of a landscaped buffer will promote the public health , safety and general welfare All permits will be adhered to 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 Commercial 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 intent of the General Business district is to provide for commercial and service centers that are accessible to the general public and surrounding neighborhoods , and to serve the daily convenience and personal needs of an immediate area The proposed use is in accordance with the intent of the GB district 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 Commercial 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 be publicly necessary for additional tax revenue for the area and will boost the economy Staff The Special Use Conditions listed below , including the requirement for a landscaped buffer , dark - sky lighting , and normal operating ours , will protect surrounding residences and help maintain the value of contiguous property 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 Commercial development conforms with general plans of physical development by 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’s proposed 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 A detailed site plan must be submitted for review and approval by the Planning and Zoning Department Staff 3 Must obtain a commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of at least a Class B buffer along all property lines 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet 20 ’ Street , 10 ’ Internal A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense 5 All buildings on site must meet NC Commercial Building Codes 6 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 7 Signage must comply with Sign Code 8 Hours of operation all uses are seven days a week gas station convenience store , 24 hours a day ; car wash , 5am - 11pm ; drive thru restaurant must close by midnight 12am 9 Access to the attached outparcel shall be internal 10 Retention pond shall be built to County code as part of the original grading Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray noted the DOT has reviewed the application and has made detailed recommendations regarding turn - lanes into the subject site Mr Gray also reported the Planning Board added special condition no 10 to ensure the stormwater improvements will be constructed for the entire development , during the initial construction on the property Sonny Johnson , 341 Sonny Road , Clayton , one of the property owners , requested the Board’s approval of the special use application and stated Son - Lan Shipwash has someone interested in developing the subject site He reported the same individual has constructed a similar operation near Clayton Mr Johnson stated thePage0795 June 2 , 2008 – 6 00 pm Continued proposed use is a good product for the subject site and Son - Lan Shipwash has no problems with the special use conditions as presented Mr Johnson reported the entire tract of land will be mass - graded with the construction of the retention pond for the entire development Commissioner Allen L Mims , Jr inquired as to the availability of wastewater service Mr Johnson reported currently there is no wastewater service to the site ; however , he noted Son - Lan Shipwash also owns the adjacent mobile home park and he felt it would be beneficial to run wastewater to the site at a later date At the inquiry of Commissioner Mims , Mr Johnson stated Son - Lan Shipwash has purchased some of the adjacent property and there is plenty of room for a septic field , if needed James Williams , 112 Fox Glen Court , Willow Springs , addressed the Board and expressed concerns over the plans for the retention pond , a proper septic field as well as the proposed use for the site and the adjacent properties Mr Williams stated the lots in his subdivision nearby had to have additional acreage for septic fields due to the land being unable to perk Mr Williams also expressed concerns over the planned hours of operation , traffic congestion , and noise from the proposed fast food drive - thru restaurant Mr Williams reported Don Lee’s Grocery is located nearby and closes each night by 10 00 pm in an effort to be a good neighbor Mr Williams stated he would like to see Mr Johnson’s entire vision for the development and noted he is opposed to the special use request At the request of Commissioner DeVan Barbour , Mr Williams pointed out his subdivision and residence in relation to the subject site on the map for the Board John Finger , 119 Mount Pleasant Road , Willow Springs , pointed out his property on the map in relation to the subject site Mr Finger noted he is the closest property owner to the site and the proposed use appears to be located approximately 50 ft from his residence Mr Finger requested the Board to require Son - Lan Shipwash to construct an 8 ft privacy fence along the entire length of his property line Mr Finger also indicated the plan for the site appears to be cluttered and he feels there are too many uses being proposed He stated his property utilizes well water and he expressed concern over possible stormwater run - off spilling onto his property Mr Finger stated he was opposed to the special use request Jessica Ryman - Rasmussen , 120 Fox Glen Court , Willow Springs , expressed concerns over how runoff from the carwash will be collected Ms Ryman - Rasmussen noted her property as well as four other lots in the nearby subdivision adjacent to the creek are prone to flooding She also shared her concerns over the groundwater quality and the proposed hours of operation She reiterated to the Board that there is an existing gas station in the area which closes by 10 00 pm in an effort to be neighbor friendly Ms Ryman - Rasmussen stated she feels the development has not been well planned Michael Stancil , 169 Mount Pleasant Road , Willow Springs , asked for more information on dark sky lighting , noting if this is the same type of lighting that is located at the shopping center at NC Hwy 42 and NC Hwy 50 , then he feels it would allow too much light Mr Stancil also inquired as to how much of his property would be within the DOT right - of - way Mr Gray reported the DOT right - of - way is 30 ft from the center line of the road on either side , which is already in place He stated the DOT typically will work within the existing right - of - way and if more area is needed , then the DOT will contact the property owners , prior to constructing the improvements Chairman Pope noted there had been several concerns regarding stormwater runoff and called on staff to provide more information Mr Gray stated a stormwater plan will be required which will regulate stormwater drainage and runoff He noted special condition no 10 requires the retention pond to be in place prior to any grading for the entire development Mr Gray reported the retention pond will be located on property east of the subject site In response to a question from Commissioner Wade M Stewart , Mr Gray reported if the request is approved , public water will be required for the proposed use Commissioner Stewart noted most of the carwashes being constructed currently require recycling mechanisms in order to address water conservation Commissioner Stewart stated he was unsure if this wouldPage1796 June 2 , 2008 – 6 00 pm Continued be a requirement of the subject site ; however , he felt it would be good for the developer to install Commissioner Stewart asked if staff had an estimate of how much runoff would be associated with the carwash Mr Gray reported he did not have an estimate of the amount of runoff associated with the carwash ; however , the operation would be required to contain all runoff on site and any actual drainage from the impervious surfaces must be controlled so that no additional stormwater runoff would be allowed to leave the property Commissioner Mims indicated the other phase of the proposed development was planned for a shopping center and noted the stormwater plan would have to be designed and constructed at a higher standard than a residential development Commissioner Jeffrey P Carver recalled the other concerns in addition to stormwater , expressed by the residents and asked Sonny Johnson to address some of the issues raised Mr Johnson reiterated the property would contain an offsite septic field He stated regarding limiting the hours of operation , the store owner would not be agreeable to a change in the hours due to suppliers delivering fuel Mr Johnson stated the carwash would have a recycler put into place to address runoff Chairman Pope asked Mr Johnson if he would be willing to install an 8 ft privacy fence along the Finger Property line Mr Johnson reported while he did not want to have to install the fence , he would comply with the condition , if the Board requests it 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 08 - 14 There being no further comments , the Chairman closed the Special Use Hearing for Case 08 - 14 Decision on Special Use Case 08 - 14 Case 08 - 14 Application to allow for a convenience store service station with attached outparcel , fuel pumps , car wash , and drive - thru restaurant Owner Son - Lan Shipwash , LLC Applicant True Line Surveying Based on the following findings of facts and the revised special use conditions requiring an 8 ft privacy fence to be installed along the Finger Property line , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit to Applicant True Line Surveying to allow for a convenience store service station with attached outparcel , fuel pumps , car wash , and drive - thru restaurant on 2697 acres of an 11325 acre tract located at the intersection of NC Hwy 50 and Mt Pleasant Road SR 1533 in Pleasant Grove Township Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays Commissioner W Ray Woodall 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 ; Commercial development of area will be operated so as to maintain the public health and safety by designing area to conform with all federal state 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 Normal operating hours and the maintenance of a landscaped buffer will promote the public health , safety and general welfare All permits will be adhered to 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 ; Commercial 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 intent of the General Business district is to provide for commercial and service centers that are accessible to the general public and surrounding neighborhoods , andPage2797 June 2 , 2008 – 6 00 pm Continued to serve the daily convenience and personal needs of an immediate area The proposed use is in accordance with the intent of the GB district 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 ; Commercial 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 be publicly necessary for additional tax revenue for the area and will boost the economy The Special Use Conditions listed below , including the requirement for a landscaped buffer , dark - sky lighting , and normal operating ours , will protect surrounding residences and help maintain the value of contiguous property 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 Commercial development conforms with general plans of physical development by 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 Applicant’s proposed 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 A detailed site plan must be submitted for review and approval by the Planning and Zoning Department Staff 3 Must obtain a commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of at least a Class B buffer along all property lines 3 large trees , 3 small trees , and 12 shrubs every 100 linear feet 20 ’ Street , 10 ’ Internal A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense 5 All buildings on site must meet NC Commercial Building Codes 6 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 7 Signage must comply with Sign Code 8 Hours of operation all uses are seven days a week gas station convenience store , 24 hours a day ; car wash , 5am - 11pm ; drive thru restaurant must close by midnight 12am 9 Access to the attached outparcel shall be internal 10 Retention pond shall be built to County code as part of the original grading 11 An 8 ft privacy fence to be installed along the Finger property line , in addition to the required landscaping 3 Public Hearing Land Development Code – Drainage and Utility Easements Amendment Advertised – In The Smithfield Herald – May 21 and 28 , 2008 The Chairman opened the public hearing Planning Director Berry Gray stated the purpose of the public hearing is to discuss a proposed amendment to the Code of Ordinances – Land Development Code as it relates to drainage and utility easements Mr Gray reported though many subdivision plats designate a drainage and utility easement along all interior lot lines and exterior boundary lines , the code does not currently provide a uniform requirement He stated the Public Utilities Department would like to establish set easement requirements for the purpose of water line looping and connection between neighboring subdivisions He noted the recommended easement designation provided should not interfere with current setback requirements for residential structures and accessory buildings in that those setbacks are already 5 ft and 10 ft , respectively Therefore , a developer would still have the option to build a structure based on the current minimum setbacks There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board approved the amendment to the Code of Ordinances – Land Development Code Section 14 - 75 Agricultural - Residential District AR , as follows Section 14 - 75 Agricultural - Residential District AR d Minimum building setback requirements 3 Drainage and Utilities Easements within Major Subdivisions a Drainage and public utility easement 10 ’ in width on the lot side and along the entire length of the road right of way b Drainage and public utility easement 75 ’ in width or width of required minimum setback as described in subsections 1 and 2 , whichever is less restrictive , along all interior property lines and exterior boundary lines 4 RPO Technical Advisory Committee TAC Appointments Planning Director Berry Gray informed the Board that the Rural Planning Organization RPO has reformed with a revised Memorandum of Understanding MOU that has been finalized by the State which willPage3798 June 2 , 2008 – 6 00 pm Continued allow Nash County to serve as the Lead Planning Agency as opposed to the Upper Coastal Plain Council of Government He reported the other change includes the membership to the Transportation Advisory Committee TAC which consists of elected officials within the four member counties The MOU allows for one member representing Johnston County , one member representing the largest town which is Smithfield , and two members representing the remaining towns Mr Gray noted the Board has previously appointed Commissioner Tony Braswell to represent the Commissioners ; however , an alternate must be appointed from the Board Mr Gray reported the following are the recommended appointments , as provided by the towns Smithfield Representative Smithfield - Daniel Evans ; Andy Moore as alternate Town Representatives Selma – Charles Hester ; Eric Sellers as alternate Wilson’s Mills – Peter Wilson ; Donald Byrd as alternate Chairman Pope noted many of the meetings under the former RPO had to be canceled due to the lack of a quorum and asked if the newly reformed RPO would address that situation Commissioner Tony Braswell reported Wilson , Johnston , Nash , and Edgecombe Counties withdrew from the original RPO and have reformed their own in an effort to better control the management of the RPO He noted it is hoped the newly formed RPO will have better participation at the meetings Commissioner Braswell asked if all the towns had been contacted regarding the appointments Mr Gray confirmed staff had contacted each of the remaining towns excluding Clayton since they belong to the MPO to gage their interest in the membership on the TAC Mr Gray reported of the remaining towns in Johnston County that have agreed to participate in the RPO , Selma and Wilson’s Mills were the only two municipalities , that submitted candidates to serve on the TAC In response to a question from Commissioner Braswell , Mr Gray reported the RPO hopes to hire a transportation engineer by July 1 , 2008 Mr Gray confirmed that the County did not pay dues to the original RPO this past fiscal year since it was dissolved Commissioner Braswell stated while he is still unsure as to the overall effectiveness of the RPO , he hopes for better results from the reorganization He stated Berry Gray has done an excellent job working through the details on behalf of the County during the reorganization Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board appointed Commissioner DeVan Barbour as the alternate to represent the Board of Commissioners , and further , appointed the representatives listed above for Smithfield , Selma , and Wilson’s Mills 5 Clarion – Brief Presentation Outlining the Land Use Plan Project Roger Waldon , Principal with Clarion Associates , presented the Board with a brief outline regarding the upcoming land use plan project Mr Waldon stated in an effort to provide clarity , he would like to begin referring to the land use plan as the “ Comprehensive Plan ” and noted a land use plan will be one of the many components of the Comprehensive Plan Mr Waldon referenced the following “ Description of Process for Update ” , which outlines the Comprehensive Plan’s components Clarion Associates , working with Johnston County staff , as described below , will prepare a new Johnston County Comprehensive Plan containing the following components 1 Agricultural and Agricultural Preservation 2 Land Use 3 Transportation 4 Public Utilities and Infrastructure 5 Natural and Cultural Resources 6 Housing and Density 7 Economic Development 8 Growth Management 9 Education 10 Intergovernmental Cooperation The methodology for this project will split the work into the following tasks Page4799 June 2 , 2008 – 6 00 pm Continued UPDATE DATA The consultant team working with staff will identify and compile the most currently - available data from a variety of federal , state , regional , and local sources The objective will be to refresh all tables and text in the existing elements of Johnston County’s Land Use Plan , to make the information as current and up - to - date as possible EVALUATE EXISTING PLAN The consultant team working with staff will prepare a summary of how the existing Land Use Plan has been implemented Strategies and actions contained in the plan will be reviewed to determine the status of current work and conditions Action items in the existing plan will be categorized as completed , still relevant and needing attention , or in need of adjustment or deletion The review will be conducted based on interviews with County staff and agency representatives Key questions to consider include , “ What work has been completed , what still needs to be done ” and , “ Is the current Land Use Plan accomplishing what we want and need it to accomplish ” REFRESH EXISTING ELEMENTS Following data collection and completion of the review of the existing plan , work will begin to refresh existing elements of the plan This component of the work needs to involve community input Public comment will be solicited both in reaction to the report on plan implementation to date , and on what adjustments to strategies might be appropriate PREPARE NEW PLAN COMPONENTS Work to develop the Comprehensive Plan’s new components will begin with review of existing and projected future conditions in Johnston County Issues , opportunities , and strategies will be identified as they relate to the overall Comprehensive Plan One purpose of the Comprehensive Plan Update for Johnston County will be to identify opportunities to enhance and expand the County’s commercial and industrial tax base , and i