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

10 852 Meeting of the Johnston County Board of Commissioners July 7 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 7 , 2008 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , and Melissa A Daughtry , Paralegal Interim 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 Resolution Relating to Installment Contract Financing County Finance Officer John Massey requested the Board to consider adopting a resolution related to installment contract financing for public school projects Mr Massey read an excerpt from the findings of the resolution Mr Massey reported the financing would be applied to finishing the construction of the Cleveland area high school The Chairman introduced the following resolution , a summary of which had been provided to each Commissioner , a copy of which was available with the Clerk to the Board and which was read by title RESOLUTION RELATING TO INSTALLMENT CONTRACT FINANCING FOR PUBLIC SCHOOL PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 30,000,000 AND CALLING REQUIRED PUBLIC HEARING WHEREAS , the Board of Commissioners desires to undertake a proposed plan of financing in an aggregate principal amount of up to 30,000,000 , which plan would involve the entry by the County into one or more installment financing contract s with one or more third parties pursuant to North Carolina General Statutes 160A - 20 , as amended , the proceeds of which would be used to pay all or a portion of the costs of acquiring real property , constructing , renovating and equipping new public school facilities , expansion or renovation of existing public school facilities and various real and personal property improvements related to the foregoing collectively the “ Project ” , and under said one or more installment financing contract s the County would secure the repayment by the County of the moneys advanced pursuant to such one or more installment financing contract s by granting a security interest in and lien on all or a portion of the Project ; and WHEREAS , North Carolina General Statutes 160A - 20 , as amended , requires that the Board of Commissioners must hold a public hearing concerning the one or more installment financing contract s and the transactions contemplated thereby and associated therewith , with notice of said public hearing to be published once at least 10 days before the date of the public hearing NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners , as follows Section 1 The Board of Commissioners hereby finds and confirms that i the Project and the financing thereof by one or more installment financing contract s is necessary and expedient for the County ; ii financing of the Project by one or more installment financing contract s , under the circumstances , is preferable to a bond issue by the County ; iii the sums to fall due under the one or more installment financing contract s are adequate and not excessive for their proposed purpose ; iv the County’s debt management procedures and policies are good and its debt will continue to be managed in strict compliance with law ; v the increase in taxes , if any , necessary to meet the sums to fall due under the one or more installment financing contract s will not be excessive ; and vi the County is not in default regarding any of its debt service obligations The County anticipates that approximately 3,100,000 of lottery revenues will be available to apply to sums to fall due under the one or more installment financing contract s In the event such lottery revenues are not available , the Board of Commissioners recognizes that it would take an ad valorem property tax increase of approximately 003 per 100 of assessed valuation to replace the anticipated lottery revenues ; and the Board of Commissioners finds and determines that in such event said increase in ad valorem property taxes to meet the sums to fall due under the one or more installment financing contract s would not be excessive Page853 July 7 , 2008 – 6 00 pm Continued Section 2 As required by Section 160A - 20 of the North Carolina General Statutes , as amended , a public hearing shall be held by the Board of Commissioners on August 4 , 2008 at 10 15 am , or as soon thereafter as practicable , in the Commissioners ’ Meeting Room in the Johnston County Courthouse Annex in Smithfield , North Carolina , concerning the proposed execution of one or more installment financing contract s and related documents , the proposed financing of the Project and any other transactions associated therewith The Clerk to the Board of Commissioners is directed to cause a notice of such public hearing , substantially in the form attached hereto as Exhibit A , to be published once in a qualified newspaper of general circulation within the County not less than 10 days prior to said public hearing Section 3 The appropriate officers of the County are hereby authorized and directed to do any and all things necessary , appropriate or convenient to effectuate the foregoing and the proposed plan of financing , including without limitation filing one or more applications with the North Carolina Local Government Commission seeking approval of the plan of financing or any component thereof , the publication of any required notices related thereto , consideration and negotiation of proposals from one or more third parties regarding the one or more installment financing contract s included in the proposed plan of financing and consideration and negotiation of the terms of the proposed plan of financing or any component thereof and the relevant legal documentation Section 4 This Resolution shall become effective immediately upon its adoption Upon motion of Commissioner Jeffrey P Carver , seconded by Commissioner DeVan Barbour , the foregoing resolution entitled “ RESOLUTION RELATING TO INSTALLMENT CONTRACT FINANCING FOR PUBLIC SCHOOL PROJECTS IN AN AGGREGATE PRINCIPAL AMOUNT UP TO 30,000,000 AND CALLING REQUIRED PUBLIC HEARING ” was passed by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Noes None 3 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – June 25 and July 2 , 2008 Certified letters were mailed to adjoining property owners on June 26 , 2008 Notices were posted at the locations on May 2 , 2008 for Cases 07 - 30 ; 08 - 13 ; 08 - 15 ; 08 - 16 ; 08 - 17 ; and 08 - 18 Rezoning Hearing Case 07 - 30 no public hearing required Case 07 - 30 Petition to rezone a 13022 acre tract located at the northeast intersection of NC Hwy 42 West and Cornwallis Road SR 1525 in Cleveland Township from General Business - Special Use District GB - SUD - no defined use to General Business - Special Use District GB - SUD Tax ID 05F02021J Owner Applicant Cornwallis NC CPDC , LLC ; Carolyn Martin The Chairman opened the Rezoning Hearing for Case 07 - 30 Planning Director Berry Gray advised that since the property for case 07 - 30 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 30 The Chairman opened the Special Use Hearing for Case 07 - 30 Case 07 - 30 Application to allow for the construction and operation of a commercial shopping center to include a grocery store , retail uses , pharmacy , bank , convenience store , office , and service establishments Owner Applicant Cornwallis NC CPDC , LLC ; Carolyn Martin Those wishing to speak on Special Use Case 07 - 30 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 commercial shopping center to include a grocery store , retail uses , pharmacy , bank , convenience store , office , and service establishments Mr Gray reported the Planning Board had reviewed the special use request and had asked the developer to meet with the residents of the adjacent Austin Pond Subdivision in order to come to an agreement on the uses of the property as well as special conditions Mr Gray noted the developer did meet with the residents in order to develop special conditions Mr Gray introduced the following summary of evidence into the record Page854 July 7 , 2008 – 6 00 pm Continued A pre - application consultation was held with the applicant for Case 07 - 30 on July 26 , 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 May 20 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 30 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Gathers and carried a 6 - 1 vote with Mr DeLaine dissenting , the Planning Board votes at its May 20 , 2008 meeting to recommend approval of the Special Use Permit request , Case 07 - 30 , based on and subject to the following findings of fact and special conditions Findings of Fact for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The site will be developed as agreed to in 2004 , with increased landscaping in the buffers providing added protection for the neighboring properties , lighting designed to limit off - site glare , and limited hours of trash pick - up to limit noise In addition , full access driveways will be aligned with those across the street Staff Previously rezoned and permitted for a shopping center that was found to meet the findings of facts including location , design , and operation This newly designed site plan along with identical uses will maintain the public health safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant All requirements of the Land Development Code are met with this proposal , including the provision of required parking , increased landscape buffers , setbacks that meet or exceed those required by the Code , the required parking lot landscaping , crosswalks within the center to provide for ease and safety of pedestrian travel , parking lot lighting that exceeds the requirements of the Code with respect to shielding the neighboring properties from off - site glare , and provisions to mange storm water Additionally , the provisions of the Design Manual with regard to building design will be followed Staff Property is currently zoned GB - SUD Shopping Centers are allowed and match the intensity and use requirements of the GB - SUD 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 nearest full - service grocery store to this area is over two miles to the west , just west of the intersection of I - 40 and NC 42 That is a very congested area , and an area that local residents would find it difficult to access on a day - to - day basis for daily grocery needs Providing a grocery store and other related commercial uses to the area residents that will provide their daily and weekly needs without travel to and through that busy intersection will decrease traffic congestion in the I - 40 NC 42 area and provide for the daily needs of the residents within walking or biking distance from their homes As was approved in 2004 , the landscaping within the buffers will be increased to provide additional protection for the neighboring properties , trash pickup will be limited in hours , and driveways providing full access to the development will be aligned with those across the streets to increase safety In addition , this plan creates an additional landscape buffer between the commercial development and residences to the east This plan also creates a more substantial barrier between the commercial traffic and the residences to the north by creating a long , contiguous building separating the uses The building will reduce noise , traffic and light along the property line This is designed to protect the privacy of the adjoining residences On the abutting property to the north , a 5 - acre of trees , about 300 feet in depth , further provides a buffer between the proposed shopping center and the existing residences Staff Applicant has revised the previously approved design and further shielded any headlight glare from residential properties The revised design also addresses all concerns of the boards in regard to driveways , lighting , increased buffering , etc These conditions and revised site plan will maintain and or enhance 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 The zoning designation of the parcel is General Commercial , indicating the intention of the Board of Commissioners that the parcel be used in a commercial manner In fact , a Special Use District for a shoppingPage855 July 7 , 2008 – 6 00 pm Continued center in this location was approved several years ago , but the approval has lapsed The need for Special Use District for the parcel indicates that the Board would like to see the specifics of the planned development in advance of any approval , to ascertain that the needs of the community are met The plan provided with this application shows adherence with the County’s Land Development Code through • Landscaping to enhance the appearance of the center and to provide buffering for the adjacent residential uses and along the abutting roadways • Appropriate setbacks and building heights • Storm water provisions to make sure the added development does not cause undue hardships to neighboring properties with regard to storm water runoff • Efficient internal circulation to provide safe pedestrian , bike , and vehicular traffic throughout the site • Safe and efficient emergency access throughout the site • Efficient waste removal from the businesses located in the center • Appropriate external connections to abutting roadways that help ensure safe entry and exit from the site • Building design and sitting developed to enhance the surrounding neighborhoods All specific land uses • Full - service grocery store • In - line retail uses • Office Service In the out parcels • Free - standing pharmacy • Bank • Convenience Store • Office Service Staff The proposed development will conform to all land development codes and requirements as 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 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff 4 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 5 Installation of a 30 ’ Class C Buffer with 150 of required plant material along the west and south property lines Cornwallis Rd & NC Hwy 42 Installation of a 15 ’ Class C Buffer with 200 of the required plant material along the north and east property lines 6 All access to outparcels shall be internal ; no driveways to the outparcels on either Cornwallis Rd or NC 42 Number of driveways shall be limited to one on NC 42 and two on Cornwallis Rd the southernmost driveway on Cornwallis shall be a right - in only All road improvements shall be done prior to the commencement of building construction 7 Height of buildings to be forty feet maximum 8 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties Cutoff optics shall be utilized 9 Trash dumpsters may be emptied only during the hours of 7 00am - 8pm , Monday thru Friday 10 There shall be no billboards or cell towers constructed on this site 11 The existing landscape business located on site must be entirely removed and cleaned up prior to the issuance of the Special Use Permit 12 Must comply with all required NCDOT driveway permitting and all other required traffic improvements 13 The following uses shall be excluded from permissibility on this site Building material supply , campgrounds , kennels , mini - storage facility , mobile home and RV sales , utilities facility , and communication facility 14 All outparcels shall receive approval from the Planning Board and Board of County Commissioners prior to being developed 15 Developer shall make every effort to build a walkway sidewalk along NC Hwy 42 between the Cornwallis Commons development and entrance to Austin Pond Subdivision 16 All HVAC equipment shall be placed on the roof and screened so as to deflect noise away from the residents at Austin Pond Subdivision 17 A drug store pharmacy is the only type of business that will be permitted to operate 24 hours a day 18 No fast - food restaurants with drive - thru speakers shall be permitted to operate adjacent to properties at Austin Pond 19 The buffer between the Cornwallis Commons development and Austin Pond Subdivision shall consist of a berm and natural plantings Planning Department staff shall provide a final approval for the buffer 20 No outdoor live bands or music shall be allowed without prior approval from the County Additions and or changes to the Special Use Conditions are listed in bold print Mr Gray listed and reviewed each of the special use conditions with the Board , noting those conditions that are not in bold are from the original permit issued several years ago Mr Gray advised that on special condition no 15 , the walkway should be constructed along Cornwallis Road rather than NC Hwy 42 Mr GrayPagePage pageNumber5856 July 7 , 2008 – 6 00 pm Continued submitted a revised site plan which reflects the revised special conditions as agreed upon by the developer and the residents of Austin Pond Subdivision Tony Tate , 5011 South Park Drive , Durham , Landscape Architect , speaking on behalf of the applicant , noted the site was previously approved for a similar type use ; however , the permit expired prior to the previous applicant beginning development Mr Tate stated the Department of Transportation DOT has been contacted in order to receive updates on traffic improvements and although the revised site plan does indicate a right in right out entrance , he assured the Board the entrance would be right - in only as required by the special conditions In response to a question from Commissioner Allen L Mims , Jr , Mr Tate stated the entrance is proposed to be right - in only to ensure that people exiting the site would not be able to access properties across the street Mr Tate stated he along with the developer had met with the residents of Austin Pond Subdivision , listened to their concerns , and walked the site with the residents in order to come to an agreement on special conditions Mr Tate reported no tenants have been chosen for the development at the present time He noted a revised Traffic Impact Analysis has been completed and he offered to answer any questions by the Board Maria Lusk , 114 St Jiles Drive , Austin Pond Subdivision , thanked Mr Tate and the developer , Ms Carolyn Martin , for meeting with the residents of Austin Pond Subdivision to hear their concerns Ms Lusk indicated that traffic is still a concern for the area residents , noting the area is used as a cut - through when the surrounding major highways become congested Ms Lusk stated the residents of Austin Pond are concerned that their subdivision is going to be used as a cut - through in order to avoid the traffic signal at the intersection Ms Lusk asked the Board to assist the residents of the subdivision with obtaining traffic calming devices or other means to avoid cut - through traffic Ms Lusk also noted there is a drainage area located to the right of the proposed development and asked how stormwater runoff would be managed , pointing out that there is an adjacent stream to the subject site which contains the endangered dwarf wedge mussel Ms Lusk questioned a recent article in The Smithfield Herald , whereby Ms Martin was quoted as saying no fast food restaurants would be allowed on the outparcels Ms Lusk noted the special conditions state fast food restaurants with drive - through speakers will not be allowed on properties adjacent to Austin Pond and asked for clarification Ms Lusk stated Mr Tate had reported the developer currently has no tenants and she asked if there is an expiration on the permit Mr Gray reported if the special use permit is granted , the applicant would have two years to find a use for the property before it expires Commissioner Mims stated the Board had met with DOT representatives at the 10 00 am meeting and he had asked about traffic calming devices for subdivisions Commissioner Mims reported the DOT does not allow traffic calming devices on state maintained roads ; however , signs for posting speed limits can be installed with the help of the DOT , which would allow local law enforcement to better patrol the area Mr Tate addressed the stormwater runoff question by Ms Lusk and stated the outlet for the development would empty out into the ditch along NC Hwy 42 He noted currently there is a problem with stormwater going back into Austin Pond and he indicated the problem would be alleviated by rechanneling the ditches along NC Hwy 42 Mr Tate confirmed he did meet with the adjacent property owner in an effort to address the problem Mr Tate stated the development would have to get approval from the Division of Water Quality and the County on the final plan Upon a question from Commissioner Jeffrey P Carver , Mr Tate stated the developer has planned a fast food restaurant on the outparcel near Pisgah Drive Commissioner DeVan Barbour pointed out that the special conditions , as proposed , would not allow a fast food restaurant with a drive - through speaker adjacent to properties at Austin Pond ; however , a fast food restaurant without a drive - through speaker could be allowed Commissioner Mims asked for more clarification on the language in the special conditions regarding the definition of “ adjacent properties ” as well as proposed uses Mr Tate responded at the present , a pharmacy is planned for the outparcel that is not adjacent to Austin Pond Subdivision PagePage pageNumber6857 July 7 , 2008 – 6 00 pm Continued 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 - 30 Mr Gray asked the Board to consider modifying special use condition no 15 for the construction of the walkway along Cornwallis Road Mr Gray pointed out that in accordance with special condition no 14 , all outparcels shall receive approval from the Planning Board and the Board of Commissioners prior to development At the inquiry of Commissioner Mims , Mr Gray reported the DOT has indicated there is a way to construct a median inside the property rather than in the middle of the road so the property owners across the street can access their property Commissioner Carver questioned what the applicant has planned for the property with regards to fast food restaurants Mr Tate reported special condition no 18 was proposed in order to not allow a fast food restaurant with a drive - through speaker adjacent to Austin Pond Subdivision He noted the special condition was added at the request of the residents of Austin Pond Subdivision so they would not have to hear an outdoor speaker Commissioner Carver noted a fast food restaurant was not listed as a proposed use for the outparcels in the findings of fact listed by the applicant Mr Tate stated he believed that any use allowed under the General Business zoning district , which is not specifically eliminated in the special conditions , would be permissible County Attorney Mark Payne advised that the language in the special conditions should be clarified to state whether fast food restaurants will be allowed or not Commissioner Barbour stated that since the applicant’s original application did not list fast food restaurants as a proposed use , that the Board should eliminate special condition no 18 in its entirety and add fast food restaurants to special condition no 13 as an excluded use on the site Ms Lusk reported sit - down restaurants would be acceptable to the residents of Austin Pond Subdivision There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 30 Decision on Special Use Case 07 - 30 Case 07 - 30 Application to allow for the construction and operation of a commercial shopping center to include a grocery store , retail uses , pharmacy , bank , convenience store , office , and service establishments Owner Applicant Cornwallis NC CPDC , LLC ; Carolyn Martin Based on the following findings of facts and the revised special use conditions , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit to Applicants Owners Cornwallis NC CPDC , LLC ; Carolyn Martin , to allow for the construction and operation of a commercial shopping center to include a grocery store , retail uses , pharmacy , bank , convenience store , office , and service establishments on a 13022 acre tract located at the northeast intersection of NC Hwy 42 West and Cornwallis Road in Cleveland Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Findings of Fact 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 site will be developed as agreed to in 2004 , with increased landscaping in the buffers providing added protection for the neighboring properties , lighting designed to limit off - site glare , and limited hours of trash pick - up to limit noise In addition , full access driveways will be aligned with those across the street Previously rezoned and permitted for a shopping center that was found to meet the findings of facts including location , design , and operation This newly designed site plan along with identical uses will maintain the public health safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ;PagePage pageNumber7858 July 7 , 2008 – 6 00 pm Continued All requirements of the Land Development Code are met with this proposal , including the provision of required parking , increased landscape buffers , setbacks that meet or exceed those required by the Code , the required parking lot landscaping , crosswalks within the center to provide for ease and safety of pedestrian travel , parking lot lighting that exceeds the requirements of the Code with respect to shielding the neighboring properties from off - site glare , and provisions to mange storm water Additionally , the provisions of the Design Manual with regard to building design will be followed Property is currently zoned GB - SUD Shopping Centers are allowed and match the intensity and use requirements of the GB - SUD 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 nearest full - service grocery store to this area is over two miles to the west , just west of the intersection of I - 40 and NC 42 That is a very congested area , and an area that local residents would find it difficult to access on a day - to - day basis for daily grocery needs Providing a grocery store and other related commercial uses to the area residents that will provide their daily and weekly needs without travel to and through that busy intersection will decrease traffic congestion in the I - 40 NC 42 area and provide for the daily needs of the residents within walking or biking distance from their homes As was approved in 2004 , the landscaping within the buffers will be increased to provide additional protection for the neighboring properties , trash pickup will be limited in hours , and driveways providing full access to the development will be aligned with those across the streets to increase safety In addition , this plan creates an additional landscape buffer between the commercial development and residences to the east This plan also creates a more substantial barrier between the commercial traffic and the residences to the north by creating a long , contiguous building separating the uses The building will reduce noise , traffic and light along the property line This is designed to protect the privacy of the adjoining residences On the abutting property to the north , a 5 - acre of trees , about 300 feet in depth , further provides a buffer between the proposed shopping center and the existing residences Applicant has revised the previously approved design and further shielded any headlight glare from residential properties The revised design also addresses all concerns of the boards in regard to driveways , lighting , increased buffering , etc These conditions and revised site plan will maintain and or enhance 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 The zoning designation of the parcel is General Commercial , indicating the intention of the Board of Commissioners that the parcel be used in a commercial manner In fact , a Special Use District for a shopping center in this location was approved several years ago , but the approval has lapsed The need for Special Use District for the parcel indicates that the Board would like to see the specifics of the planned development in advance of any approval , to ascertain that the needs of the community are met The plan provided with this application shows adherence with the County’s Land Development Code through • Landscaping to enhance the appearance of the center and to provide buffering for the adjacent residential uses and along the abutting roadways • Appropriate setbacks and building heights • Storm water provisions to make sure the added development does not cause undue hardships to neighboring properties with regard to storm water runoff • Efficient internal circulation to provide safe pedestrian , bike , and vehicular traffic throughout the site • Safe and efficient emergency access throughout the site • Efficient waste removal from the businesses located in the center • Appropriate external connections to abutting roadways that help ensure safe entry and exit from the site • Building design and sitting developed to enhance the surrounding neighborhoods All specific land uses • Full - service grocery store • In - line retail uses • Office Service In the out parcels • Free - standing pharmacy • Bank • Convenience Store • Office Service The proposed development will conform to all land development codes and requirements as 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 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff 4 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 5 Installation of a 30 ’ Class C Buffer with 150 of required plant material along the west and south property lines Cornwallis Rd & NC Hwy 42 Installation of a 15 ’ Class C Buffer with 200 of the required plant material along the north and east property lines 6 All access to outparcels shall be internal ; no driveways to the outparcels on either Cornwallis Rd or NC 42 Number of driveways shall be limited to one on NC 42 and two on Cornwallis Rd the southernmost driveway onPagePage pageNumber8859 July 7 , 2008 – 6 00 pm Continued Cornwallis shall be a right - in only All road improvements shall be done prior to the commencement of building construction 7 Height of buildings to be forty feet maximum 8 Lighting shall be dark sky and engineered so as to not shine onto adjacent residential properties Cutoff optics shall be utilized 9 Trash dumpsters may be emptied only during the hours of 7 00am - 8pm , Monday thru Friday 10 There shall be no billboards or cell towers constructed on this site 11 The existing landscape business located on site must be entirely removed and cleaned up prior to the issuance of the Special Use Permit 12 Must comply with all required NCDOT driveway permitting and all other required traffic improvements 13 The following uses shall be excluded from permissibility on this site Building material supply , campgrounds , kennels , mini - storage facility , mobile home and RV sales , utilities facility , communication facility and fast food restaurants 14 All outparcels shall receive approval from the Planning Board and Board of County Commissioners prior to being developed 15 Developer shall make every effort to build a walkway sidewalk along Cornwallis Road between the Cornwallis Commons development and entrance to Austin Pond Subdivision 16 All HVAC equipment shall be placed on the roof and screened so as to deflect noise away from the residents at Austin Pond Subdivision 17 A drug store pharmacy is the only type of business that will be permitted to operate 24 hours a day 18 The buffer between the Cornwallis Commons development and Austin Pond Subdivision shall consist of a berm and natural plantings Planning Department staff shall provide a final approval for the buffer 19 No outdoor live bands or music shall be allowed without prior approval from the County Additions and or changes to the Special Use Conditions are listed in bold print The Chairman reopened the Rezoning Hearing for Case 08 - 13 Case 08 - 13 Petition to rezone 7 acres from Agricultural Residential AR to General Business GB , and 5792 acres from General Business - Special Use District GB - SUD to General Business GB , for a total of 12792 acres to be rezoned to General Business GB The parcels are located on Old Fairground Road SR 1309 at near the intersection of NC Hwy 50 and Mt Pleasant Road SR 1533 in Pleasant Grove Township Tax ID 13D02014 , 13D02014D , 13D02014E , 13D02014B Owner Son - Lan Shipwash , LLC Applicant True Line Surveying Planning Director Berry Gray stated the petition is to rezone seven 7 acres from Agricultural Residential to General Business , and 5792 acres from General Business - Special Use District to General Business , for a total of 12792 acres to be rezoned to General Business The parcels are located on Old Fairground Road near the intersection of NC Hwy 50 and Mt Pleasant Road in Pleasant Grove Township Mr Gray reported the surrounding zoning is Agricultural Residential and used for residential purposes with a subdivision directly adjacent to the property He noted there is a mobile home park nearby which is owned by Son - Lan Shipwash Mr Gray stated there is property to the north zoned Community Business and is currently used for a convenience store and automobile sales Mr Gray recalled that the adjacent property on the corner was rezoned to General Business – Special Use District for a convenience store last month by the Board of Commissioners Mr Gray stated the applicant has submitted a list of envisioned uses proposed for the property as well as uses that are not proposed including a club , animal kennels , massage business , tattoo business , open outdoor storage , RV park or campground , and adult oriented businesses Mr Gray reminded the Board that even though the applicant has submitted uses that are not envisioned for the property , if the Board rezones the property to General Business with no special use , then those uses could not be restricted Sonny Johnson , 341 Sonny Road , Clayton , of Son - Lan Shipwash , LLC , expressed confusion over comments made by Mr Gray regarding potential restrictions on the proposed uses and asked for clarification County Manager Rick Hester pointed out that if the property is rezoned to General Business , then no restrictions can be placed on the proposed uses Mr Johnson stated he was under the impression that he could have uses restricted under the General Business zoning Mr Hester reiterated a special use permit would have to be placed on the property to restrict uses Commissioner Allen L Mims , Jr , questioned if the applicant was requesting a General Business or a General Business – Special Use District classification PagePage pageNumber9860 July 7 , 2008 – 6 00 pm Continued Mr Gray reported the Planning Board had recommended the applicant to go back and develop a list of uses that he did not envision developing on the site ; however , when the request came back to the Planning Board , the applicant still requested a straight General Business rezoning Mr Gray stated the Planning Board recommended denial of the straight General Business rezoning because the applicant could not be held to the restrictions Mr Johnson expressed concern over rezoning the property to General Business – Special Use District due to the requirement to appear before the Planning Board and the Board of Commissioners each time a piece of the property is proposed for development Commissioner Mims stated the Planning Board wanted the list of envisioned uses to review in order to recommend approval of a master special use permit that would allow all the uses envisioned for the property ; however , he noted the language “ but not limited to ” along with the envisioned uses in the application is creating the confusion Commissioner DeVan Barbour asked why it was not made clear to Son - Lan Shipwash that they needed to request General Business – Special Use District Commissioner Mims stated the Planning Board did recommend the applicant seek a special use permit ; however , because of the language in the application of the proposed uses , the Planning Board recommended denial County Attorney Mark Payne stated the Board could rezone the property to General Business – Special Use District and issue a special use permit that would limit the overall uses and require the Planning Board to approve the final site plan Mr Payne advised that if a detailed special use permit is needed , then the Board would need to have another hearing Mr Payne stated if the Board chose to discuss limiting hours of operation or other detailed special conditions , then a separate hearing would be required Commissioner Mims indicated by rezoning the property to General Business – Special Use District and then limiting the overall uses , the property could be marketed ; however , site plans would have to be reviewed by staff Mr Payne agreed an overall general special use permit could be awarded ; however , for the Board to discuss specific limitations such as hours of operation or number of parking spaces would require a separate hearing Commissioner Jeffrey P Carver noted there may be others in the audience that would like to comment on the rezoning Commissioner Carver indicated the benefits of the developer working with the surrounding residents as was done with Case No 07 - 30 James Williams , 112 Fox Glen Court , Willow Springs , questioned Mr Johnson’s overall plan for development of the proposed property as well as plans for surrounding properties Mr Williams noted Mr Johnson did not attend the Planning Board meeting when the subject case was discussed and stated he along with the surrounding neighbors would be open to a meeting with Mr Johnson to discuss the proposed uses for the properties Lisa Cattani , 112 Fox Glen Court , Willow Springs , stated she also would like for Mr Johnson to meet with the surrounding neighbors to discuss proposed uses Ms Cattani stated she would prefer to have special conditions placed on the property and she would be open to meeting with Mr Johnson to discuss those conditions James Askew , 116 Fox Glen Court , Willow Springs , stated he has been opposed to some of the development in the area , including the proposed rezoning case Mr Askew expressed concerns over lighting , noise , traffic , and what could be located on the property under a straight General Business classification Curk Lane , True Line Surveying , the applicant , stated once his company helps to develop a piece of property , then that property becomes a part of their heritage and they try to ensure properties are developed properly , keeping in mind what is best for the community At the request of the Chairman , Mr Lane reviewed with the Board the surrounding properties on the site plan and noted their current zoning classifications Page0861 July 7 , 2008 – 6 00 pm Continued Michael Stancil , 169 Mt Pleasant Road , Willow Springs , stated he was the neighboring property owner to Mr John Finger Mr Stancil recalled that at the rezoning hearing for the adjacent property , the Board required an 8 ft privacy fence to be installed along Mr Finger’s property line Mr Stancil requested the Board to require Son - Lan Shipwash to continue the privacy fence along his property line as well , if the rezoning is approved James Files , 111 Fox Glen Court , Willow Springs , stated he would be willing to meet with Son - Lan Shipwash to discuss the proposed plans for development of the property Mr Files questioned how the site would be served with wastewater Mr Lane reported currently , there is no municipal wastewater to the development ; however , once wastewater lines are under construction , Son - Lan Shipwash would stay totally within their property lines In response to questions from Ms Cattani , Mr Lane reported Son - Lan Shipwash would have to consult with the Division of Water Quality , Johnston County Public Utilities , Johnston County Environmental Health , and the Army Corps of Engineers when installing the wastewater line through the riparian buffer area Mr Gray reported the Planning Board recommended denial of Case 08 - 13 for a straight rezoning to General Business Mr Gray stated if the Board chooses to rezone the property to General Business – Special Use District , then staff is prepared to offer suggestions on possible special conditions At the request of the Chairman , Mr Gray noted the following proposed special conditions should be applied - That the area east of the creek Lots 1 – 3 be rezoned back to Agricultural Residential once sewer becomes available for Lot No 4 - That the Planning Board has final approval of the final site plan - Must meet all DOT requirements - Lighting must be dark sky lighting engineered so as not to shine on adjacent properties - Any development must comply with stormwater regulations - All uses under General Business would be allowed , except for a club , animal kennels , massage business , tattoo business , open outdoor storage , RV park or campground , and adult oriented business In response to a question from Commissioner Wade M Stewart , Mr Gray stated the privacy fence along the Finger and Stancil Property lines could be placed in the special conditions , under the General – Business – Special Use District zoning classification Commissioner Stewart noted the uses that are envisioned by Son - Lan Shipwash and stated perhaps these should be added as allowed uses in the special conditions Commissioner Carver stated those envisioned uses are all allowed under the General Business classification Commissioner Barbour stated the Board could state the specific allowed uses and if Son - Lan Shipwash wishes to develop a use outside of those allowed then they could come back to the Board At the request of the Chairman , Mr Gray listed the uses that are envisioned by Son - Lan Shipwash James Williams stated he was opposed to building materials supply operations as well as animal kennels with outdoor runs Commissioner Mims indicated those uses could be discussed during the special use hearing There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 13 Decision on Rezoning Case 08 - 13 Case 08 - 13 Petition to rezone 7 acres from Agricultural Residential AR to General Business GB , and 5792 acres from General Business - Special Use District GB - SUD to General Business GB , for a total of 12792 acres to be rezoned to General Business GB The parcels are located on Old Fairground Road SR 1309 at near the intersection of NC Hwy 50 and Mt Pleasant RoadPage1862 July 7 , 2008 – 6 00 pm Continued SR 1533 in Pleasant Grove Township Tax ID 13D02014 , 13D02014D , 13D02014E , 13D02014B Owner Son - Lan Shipwash , LLC Applicant True Line Surveying Commissioner Tony Braswell moved the Board rezone case 08 - 13 to General Business – Special Use District 7 acres from Agricultural Residential to General Business – Special Use District , and retain the 5792 acres as General Business - Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote County Attorney Mark Payne advised that the citizens who spoke in the rezoning hearing could request that their earlier comments be entered into the record during the special use hearing , once they have been sworn in The Chairman reopened the Special Use Hearing for Case 08 - 13 Case 08 - 13 Consideration of Special Use Permit Owner Son - Lan Shipwash , LLC Applicant True Line Surveying Those wishing to speak on Special Use Case 08 - 13 were sworn in by the Clerk to the Board Commissioner Allen L Mims , Jr stated he would like for Son - Lan Shipwash representatives to meet with the surrounding residents to discuss proposed uses as well as special conditions to perhaps come to some kind of agreement , prior to the Board deciding on the special use conditions Commissioner Mims noted the residents of Austin Pond Subdivision had worked with the developer on property adjacent to them and had come to an agreement for Case No 07 - 30 Commissioner Tony Braswell agreed that the residents talking with the developers saves time and effort in trying to determine what is best for the property After discussion by the residents and Sonny Johnson of Son - Lan Shipwash in the audience , a neighborhood meeting was scheduled for July 23 , 2008 at 7 00 pm in Mr Sonny Johnson’s office There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 13 Decision Tabled on Special Use Case 08 - 13 Case 08 - 13 Consideration of Special Use Permit Owner Son - Lan Shipwash , LLC Applicant True Line Surveying The Chairman tabled a decision on special use hearing 08 - 13 until the August 4 , 2008 6 00 pm Board meeting The Board took a five minute recess The Chairman reopened the Rezoning Hearing for Case 08 - 15 Case 08 - 15 Petition to rezone a 25 acre tract located on Jordan Narron Road SR 1735 approximately ¼ of a mile east of the intersection with Thanksgiving Fire Road SR 1720 in O’Neal’s Township from Agricultural Residential - Special Use District AR - SUD to Agricultural Residential AR Tax ID 11L05021E Owner Applicant Ben Atkeson Planning Director Berry Gray stated the petition is to rezone a 25 acre tract located on Jordan Narron Road approximately one - fourth of a mile east of the intersection with Thanksgiving Fire Road in O’Neal’s Township from Agricultural Residential - Special Use District to Agricultural Residential Mr Gray recalled that the property was rezoned to Agricultural Residential – Special Use District to accommodate soccer fields ; however , that use has since relocated to another site and the applicant wishes to rezone the property back to Agricultural Residential Owner Applicant Ben Atkeson stated he appreciated the assistance from the Board of Commissioners Mr Gray reported the Planning Board recommended approval of Case 08 - 15 from Agricultural Residential - Special Use District to Agricultural Residential Page2863 July 7 , 2008 – 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 15 Decision on Rezoning Case 08 - 15 Case 08 - 15 Petition to rezone a 25 acre tract located on Jordan Narron Road SR 1735 approximately ¼ of a mile east of the intersection with Thanksgiving Fire Road SR 1720 in O’Neal’s Township from Agricultural Residential - Special Use District AR - SUD to Agricultural Residential AR Tax ID 11L05021E Owner Applicant Ben Atkeson Commissioner Jeffrey P Carver moved the Board approve rezoning case 08 - 15 , to rezone a 25 acre tract located on Jordan Narron Road approximately one - fourth of a mile east of the intersection with Thanksgiving Fire Road in O’Neal’s Township from Agricultural Residential - Special Use District to Agricultural Residential Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 08 - 16 Case 08 - 16 Petition to rezone 37 acres of a 138 acre tract from Agricultural Residential AR to Community Business - Special Use District CB - SUD located at 72 Walt Drive , Middlesex , in O’Neal’s Township Tax ID 11N02053E Owner Applicant Paul Giaculli Planning Director Berry Gray stated the petition is to rezone 37 acres of a 138 acre tract from Agricultural Residential to Community Business - Special Use District located at 72 Walt Drive , Middlesex , in O’Neal’s Township Mr Gray noted the subject site is part of Simon Ridge Subdivision ; however , no lots in the subdivision have been approved for construction except for a home by the applicant Mr Gray noted the dwelling owned by the applicant appears to be unoccupied Mr Gray pointed out that the applicant owns all the lots in the subdivision Owner Applicant Paul Giaculli confirmed he owns the 15 - lot subdivision and he also owns a modular home on Lot 1 Mr Giaculli stated he would like to drill a well and put a water pump station on Lot No 14 He noted when County water becomes available , he would like to utilize County water for the lots in the subdivision Mr Giaculli indicated fifteen houses could be constructed in the subdivision and would use approximately 180,000 gallons per month of water , while he would only use 60,000 gallons of water per month from the well to fill swimming pools in the summer months Commissioner Jeffrey P Carver asked if the operation would be a new business for Mr Giaculli Mr Giaculli confirmed the operation would be a new business venture for him and that he owned his own tanker truck in order to transport the water In response to a question from Commissioner Tony Braswell , Mr Giaculli reported once County water is available to the subdivision , he would like to begin marketing the remaining lots for sale Mr Giaculli stated he believes County water is planned in the near future for the area Upon a question from Commissioner DeVan Barbour , Mr Giaculli reiterated he does not intend to sell lots until County water is installed County Manager Rick Hester asked Mr Giaculli if he was positive that County water would be installed along the road by the subdivision Mr Giaculli stated he has been told that County water will be constructed by the property Mr Hester questioned if there were sufficient taps purchased to ensure that a water line will be installed within the subdivision Commissioner Allen L Mims , Jr asked Mr Giaculli if he had purchased taps for all 15 lots Mr Giaculli reported at the present time , he has not purchased taps Commissioner Carver informed Mr Giaculli that if he does purchase the taps , he would have to pay the minimum monthly fees for each tap until the lots are sold , once County water is available Commissioner Carver inquired as to the status of the modular home on Lot No 1 Page3864 July 7 , 2008 – 6 00 pm Continued Mr Giaculli stated he does own the modular home which was put on the lot approximately six months ago ; however , he has not received a Certificate of Occupancy yet and he wanted to bring his request to the Board prior to drilling a well on the property John King , 287 Simon Road , Middlesex , Professor of Forestry , College of Natural Resources , North Carolina State University , stated he lives approximately one - half of a mile from the subject site , and spoke in opposition to the rezoning Mr King read the following prepared statement to the Board Proposed rezoning provides no benefits to surrounding community , and possibly Johnston County , and will reduce quality of life for local residents The proposed business activity - potentially will have harmful consequences for groundwater supply and could affect wells of some local residents - will increase heavy truck traffic on Simon Road and other roads - is inappropriate for the residential agricultural zoning of the surrounding area , which a majority of local residents want to preserve Local residents have unequivocally voiced their opposition to the proposed rezoning petition Groundwater supply , vulnerability of surrounding wells , and demand for proposed business activity According to Mr Nat Wilson , Groundwater Management Section Chief of the Division of Water Resources within the NC Dept Environment and Natural Resources - Groundwater in the area is meteorological in origin , falling as precipitation further inland , percolating through sediments and unconsolidated material , then flowing underground through fissured bedrock towards the coast The State maintains monitoring wells throughout the area , from which we know that groundwater levels have not yet rebounded from the ongoing drought It is impossible to know how a commercial well such as is proposed will affect surrounding wells , unless those wells are monitored over time Simple draw down - recovery tests of a single well cannot determine the interconnectedness of the surrounding well system Instances have been reported where such projects have compromised local residents wells , after which remedial action becomes necessary As drought intensity increases , the demand for water from businesses such as is proposed increases , placing the local groundwater supply at increased risk of catastrophic drawdown and well failures To pay for capital costs and diesel fuel 5 per gallon , and to make the business viable , Mr Giaculli will try to sell as much water as he can At times of drought his business will boom , but that will also be the time of highest vulnerability of local well users There are very few local residents with swimming pools , and those that do have them fill them from private wells , and conserve the water from year to year Local demand for the proposed business is non - existent , and it is my feeling that the main buyers of water from the proposed business will reside in Raleigh , Durham , Chapel Hill and other municipalities with water restrictions , many most of them outside of Johnston County Although county water is planned for Simon Road and surrounding area , none of the residents that I spoke with 28 are signed up for a tap and many would have difficulty paying for the fees and plumbing to do so Many expressed disinterest in giving up their wells By his admission previous to emergence of this rezoning petition , Mr Giaculli is a resident of North Raleigh , prefers the lifestyle there , and is not interested in moving to Simon Rd Although I dont know his current or future plans for residency and it is not my business , there is potential that revenues generated by this business would leave the county Truck traffic on Simon Road and other local roads Many residents , my wife and I included , are concerned that as the proposed business grows , so too will the amount of heavy truck traffic I invite any attending this evening to visit Simon Road You will see that it has large cracks , some with grass growing in them , every 5 to 20 feet in both lanes Tanker trucksPage4865 July 7 , 2008 – 6 00 pm Continued of water will be very heavy , causing further damage to these small country roads This will either leave local residents with bad roads or will cost the County to repair them Local residents will not experience any benefit from the increased noise , pollution , and potential danger of heavy truck traffic and many expressed their concerns about it Rezoning petition is inappropriate to existing R A zoning and land use My wife and I both work in Raleigh We moved to Simon Road and choose to make the drive to Raleigh everyday because of the agricultural character of the area We felt this character would be preserved because the area is zoned R A Spot zoning for business as requested here complicate efficient public planning and are often not fair to residents that desire to live in the country Weve invested our life savings in our property and do not want a business on our street Neighbor petition against rezoning special use case 08 - 16 I circulated a petition to evaluate local public sentiment for this rezoning petition Of 28 people spoken to , only 1 was not against this petition for rezoning I suspect that that individual has business relations with Mr Giaculli , as I have heard them speak of tending the grounds , etc The overwhelming majority of people who read the Staff Report , many of them encountered at random and unknown by me , disagree with this petition to rezone See the attached list of signatures This is not a door - to - door survey of the entire community , but only a small sample of people that I had time to talk to It is telling that fully 97 of the people were strongly averse to this petition for rezoning special use Mr King submitted a petition of opposition against Rezoning Case 08 - 16 with 26 signatures Commissioner Mims asked if Mr King utilized well water for his residence Mr King reported his well is 185 feet deep and yields 30 gallons per minute ; however , his neighbor’s well yields only 10 gallons per minute Mr King stated the average yield in the area is approximately 10 to 15 gallons per minute Mr King expressed concern over the drought the area has been experiencing Kate Narron Sullivan , Knightdale , addressed the Board and stated she is from the original family that sold the subject site a few years ago to Mr Perry and since that time , Mr Giaculli purchased the property from Mr Perry Ms Sullivan stated her family owns the property across the road from the subject site She noted there is a mobile home park approximately one - half of a mile from the subject site Ms Sullivan stated the subdivision is located in an agricultural farming community and she feels the proposed use is not suitable for the area Ms Sullivan expressed concern that the well pump station operation would drain the other local wells in the area Ms Sullivan also expressed concern with the tanker truck that would be used to haul water on the rural road Commissioner Tony Braswell asked Ms Sullivan what were Mr Perry’s intentions for the property when her family sold it originally Ms Sullivan stated when her family sold the property to Mr Perry , they did not know his intentions ; however , Mr Perry eventually planned a subdivision up until it was purchased by Mr Giaculli Ms Sullivan stated although she lives in Knightdale , the area is her home place Mr Giaculli stated Mr King lives west of the subject site , and he does not propose to drive his tanker truck to the west Mr Giaculli stated the only people that would be affected by truck traffic would be the people who potentially will live in his subdivision At the inquiry of Commissioner Mims , Mr Giaculli reported he drives six wheeled trucks up to tractor trailer size trucks Mr Giaculli stated the tanker truck itself would be the holding tank and he only envisions the well and pump house on the site Commissioner Mims reminded Mr Giaculli that Mr King has learned the average wells in the area yield 10 to 15 gallons per minute Page5866 July 7 , 2008 – 6 00 pm Continued Mr Giaculli acknowledged it would take approximately 13 hours to fill a truck Mr Giaculli stated he would construct a building to enclose the truck and the business would be seasonal Mr Giaculli noted he has not proposed the building yet , because he first wanted to see if he could get approval on the business from the Board Mr Gray reported the Planning Board recommended denial of Case 08 - 16 , due to the uncertainty of the effects a commercial well operation would have on the nearby wells and groundwater levels There being no further comments