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

10 22 Meeting of the Johnston County Board of Commissioners August 4 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 4 , 2008 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , 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 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – July 23 and July 30 , 2008 Certified letters were mailed to adjoining property owners on July 24 , 2008 Notices were posted at the locations on May 2 , 2008 for Case 08 - 13 ; and June 2 , 2008 for Cases 08 - 20 ; 08 - 21 ; 08 - 22 ; and 08 - 23 The Chairman opened the Special Use Hearing for Case 08 - 13 Case 08 - 13 Petition for a Special Use Permit to allow for the construction and operation of permitted uses on a 12792 acre tract zoned as General Business - Special Use District GB - SUD 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 Those wishing to speak on Special Use Case 08 - 13 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 permitted uses on a 12792 acre tract zoned General Business - Special Use District located on Old Fairground Road near the intersection of NC Hwy 50 and Mt Pleasant Road in Pleasant Grove Township Mr Gray pointed out that the special use permit would allow for all the uses permitted in the General Business district , except for those specifically listed in the proposed special use conditions as not allowed Mr Gray reminded the Board that the request was tabled from the July 2008 meeting to allow an opportunity for the developer and the surrounding residents to meet and discuss the proposed uses Mr Gray introduced the following summary of evidence into the record , noting the results of the community meeting have been inserted into the special use conditions as follows 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 ; Conditions can be placed on a special use to ensure that the use 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 ; 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 ; The Special Use Conditions listed below 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 Page23 August 4 , 2008 – 6 00 pm Continued 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 bold conditions were a result of the community meeting 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 Department Staff 3 Must obtain a commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 All buildings on site must meet NC Commercial Building Codes 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 6 Signage must comply with Sign Code 7 Retention pond shall be built to County code as part of the original grading 8 Stormwater Management Plan approval is required prior to any land disturbance 9 Area east of the creek lots 1 - 3 shall be rezoned back to AR when sewer becomes available for lot 4 10 An 8 ft privacy fence to be installed along the Finger and Stancil property line , in addition to the required landscaping 11 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 A class C buffer shall be maintained on the southern border of the property from Hwy 50 to the riparian buffer 12 Hours of operation shall be between 6am and 12am - midnight 13 Parking lot and signage lighting must be extinguished between 12am - midnight and 6am 14 Only reasonable and customary security lighting is allowed between the hours of 9pm and 12am - midnight 15 Deliveries , garbage removal , grounds keeping and snow removal will be restricted to the hours of 6am to 9pm Monday through Saturday 16 Communications antennas which are free standing or attached to structures will be limited to five feet in height from the ground or the structure which it is attached to 17 Dish - type antennas are limited to four feet in diameter 18 Veterinary office shall not have outdoor animal runs 19 No outdoor loudspeakers are permitted , either for communications or music 20 Outdoor live music is allowed only with a permit issued by the county 21 “ Customary accessory uses ” are permitted , except as noted within the special use conditions 22 Any refrigeration units 20 tons capacity or greater must be installed with noise abatement shielding 23 The following uses shall NOT be permitted in this General Business Special Use District a Club b Animal kennels c Massage business d Tattoo business e Open outdoor storage f RV park or campground g Adult oriented business ie Adam and Eve , Strip Club , etc h Lumber Yards i Automotive Sales j Automotive Repair k Outdoor Recreation Facility l Car Wash m Hotel or Motel n Mobile home or recreational vehicle sales lot o Substance Abuse Clinic p Telecommunications towers Mr Gray listed and reviewed each of the special use conditions with the Board , specifically pointing out the conditions that were a result of the community meeting noted in bold above Mr Gray requested the Board to clarify the specific type of club that would not be allowed Further , Mr Gray requested the Board to review condition no 20 , indicating that since no outdoor loudspeakers would be permitted , staff would need some direction on how to approve “ outdoor live music ” Lisa Cattani - Williams , 112 Fox Glen Court , Willow Springs , thanked the Board of Commissioners for allowing an opportunity for the residents to meet with the developer , prior to a decision on the special use permit Ms Cattani - Williams reported the meeting with Son - Lan Shipwash representatives was a good experience and it meant a great deal for those who were able to attend Ms Cattani - Williams questioned the condition regarding reasonable and customary security lighting , noting the hours may need to be adjusted to 12 00 am - midnight until 6 00 am Ms Cattani - Williams also noted outdoor live music events had been a concern of the residents Commissioner Allen L Mims , Jr asked Ms Cattani - Williams to share with the Board what she feels is meant by the term “ club ” as proposed in the special use conditions Page24 August 4 , 2008 – 6 00 pm Continued Ms Cattani - Williams reported she believed something such as a nightclub with loud music would be inappropriate ; however , a club such as a rotary club or boy girl scouts club would be acceptable Chairman Cookie Pope asked for more information on condition no 20 related to outdoor live music Chairman Pope noted there was a Bible book store at I - 40 NC 42 that held live gospel concerts and asked if this was a similar use that the residents were concerned over Ms Cattani - Williams confirmed the residents did have concerns with live outdoor music ; therefore , they had requested to place a special condition on the permit that would require such events to receive approval by the County Commissioner Mims recalled the Board had approved a rezoning and granted a special use permit for the I - 40 NC 42 area situation that allowed outdoor live music but placed special conditions on when such events could take place Ms Cattani - Williams stated , as she understands the County’s policies , if the applicant wishes to hold outdoor live music events , they would be required to come back before the Board to request a modification to the permit for such events and the surrounding residents would then be notified and allowed an opportunity to comment Commissioner Tony Braswell asked Ms Cattani - Williams for her interpretation of an outdoor recreational facility , as listed in the special conditions Ms Cattani - Williams stated she is unsure as to the exact intent of an outdoor recreational facility being listed under the uses not allowed She explained this was a use her husband had researched and had concerns over Commissioner Mims stated outdoor recreational facilities could be batting cages or water park type uses Curk Lane , True Line Surveying , representing Son - Lan Shipwash , reiterated that Son - Lan had held a meeting with the surrounding residents and the proposed conditions , as revised , from the community meeting were acceptable Mr Lane offered to answer any questions by the Board Commissioner DeVan Barbour noted the hours for condition no 14 would need to be modified and the term “ club ” would need to be revised to state “ nightclub ” County Attorney Mark Payne advised that regarding the County issuing a permit for outdoor live music events , he would suggest the Board add clarifying language to the condition which states , “ no outdoor live music without County approval ” Mr Payne indicated that by clarifying the language , a modification would be required to the special use permit in order to hold such events Mr Gray reported the Planning staff has reviewed the special use conditions that resulted from the community meeting and has no concerns , other than clarifications for the outdoor live music and nightclubs Mr Gray stated the Planning Board recommended denial of the straight General Business rezoning and recommended the applicant to request General Business – Special Use District There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 13 Decision on Special Use Case 08 - 13 Case 08 - 13 Petition for a Special Use Permit to allow for the construction and operation of permitted uses on a 12792 acre tract zoned as General Business - Special Use District GB - SUD 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 Based on the following findings of facts and the revised special use conditions , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Applicant True Line Surveying to allow for the construction and operation of permitted uses on a 12792 acre tract zoned as General Business - Special Use District , located on Old Fairground Road near the intersection of NC Hwy 50 andPage25 August 4 , 2008 – 6 00 pm Continued Mt Pleasant Road in Pleasant Grove Township Commissioner Jeffrey P Carver 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 ; Conditions can be placed on a special use to ensure that the use 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 ; 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 ; The Special Use Conditions listed below 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’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions bold conditions were a result of the community meeting 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 Department Staff 3 Must obtain a commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 All buildings on site must meet NC Commercial Building Codes 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 6 Signage must comply with Sign Code 7 Retention pond shall be built to County code as part of the original grading 8 Stormwater Management Plan approval is required prior to any land disturbance 9 Area east of the creek lots 1 - 3 shall be rezoned back to AR when sewer becomes available for lot 4 10 An 8 ft privacy fence to be installed along the Finger and Stancil property line , in addition to the required landscaping 11 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 A class C buffer shall be maintained on the southern border of the property from Hwy 50 to the riparian buffer 12 Hours of operation shall be between 6am and 12am - midnight 13 Parking lot and signage lighting must be extinguished between 12am - midnight and 6am 14 Only reasonable and customary security lighting is allowed between the hours of 12am - midnight and 6am 15 Deliveries , garbage removal , grounds keeping and snow removal will be restricted to the hours of 6am to 9pm Monday through Saturday 16 Communications antennas which are free standing or attached to structures will be limited to five feet in height from the ground or the structure which it is attached to 17 Dish - type antennas are limited to four feet in diameter 18 Veterinary office shall not have outdoor animal runs 19 No outdoor loudspeakers are permitted , either for communications or music 20 No outdoor live music is allowed without County approval 21 “ Customary accessory uses ” are permitted , except as noted within the special use conditions 22 Any refrigeration units 20 tons capacity or greater must be installed with noise abatement shielding 23 The following uses shall NOT be permitted in this General Business Special Use District a Nightclub b Animal kennels c Massage business d Tattoo business e Open outdoor storage f RV park or campground g Adult oriented business ie Adam and Eve , Strip Club , etc h Lumber Yards i Automotive Sales j Automotive Repair k Outdoor Recreation Facility l Car Wash m Hotel or Motel n Mobile home or recreational vehicle sales lotPagePage pageNumber526 August 4 , 2008 – 6 00 pm Continued o Substance Abuse Clinic p Telecommunications towers The Chairman opened the Rezoning Hearing for Case 08 - 20 Case 08 - 20 Petition to rezone 29 acres of a 119 acre tract located at 215 Bugshop Road SR 2527 in Boon Hill Township , from Agricultural - Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 04011040G Owner Applicant Ed Martin Planning Director Berry Gray stated the petition is to rezone 29 acres of a 119 acre tract located at 215 Bugshop Road in Boon Hill Township , from Agricultural - Residential to Industrial 1 - Special Use District Mr Gray noted the associated special use permit application is to allow for the operation of a machine and welding shop Mr Gray reported the applicant currently resides adjacent to the machine shop He noted the applicant is currently operating the machine shop He stated the surrounding property is zoned Agricultural Residential and is used for such purposes At the inquiry of Commissioner Jeffrey P Carver , Mr Gray reported that even though the rezoning is the result of a complaint the Planning Department received , no one appeared to speak against the request at the Planning Board meeting Owner Applicant Ed Martin stated he has received no complaints from his operation and he would appreciate the opportunity to continue working at the shop Mr Gray reported the Planning Department sent out notices of the rezoning to the surrounding property owners and did not receive any responses in opposition Mr Gray stated the operation is well - kept and the Planning Board recommended approval of Case 08 - 20 from Agricultural Residential to Industrial 1 – Special Use District There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 20 Decision on Rezoning Case 08 - 20 Case 08 - 20 Petition to rezone 29 acres of a 119 acre tract located at 215 Bugshop Road SR 2527 in Boon Hill Township , from Agricultural - Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 04011040G Owner Applicant Ed Martin Commissioner DeVan Barbour moved the Board approve rezoning case 08 - 20 , to rezone 29 acres of a 119 acre tract located at 215 Bugshop Road in Boon Hill Township , from Agricultural - Residential to Industrial 1 - Special Use District Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 08 - 20 Case 08 - 20 Application to allow for the operation of a machine and welding shop Owner Applicant Ed Martin Those wishing to speak on Special Use Case 08 - 20 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a machine and welding shop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 20 on April 29 , 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 pageNumber627 August 4 , 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 June 17 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 20 and made the following recommendations Upon a motion by Mr Letchworth , seconded by Mr DeLaine and carried unanimously 8 - 0 the Planning Board votes at its June 17 , 2008 meeting to recommend approval of the Special Use Permit request , Case 08 - 20 , 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 Welding shop is located approximately 400 ’ from Bug Shop Road The building is large enough to allot for the safe operation of a welding shop Staff Normal operating hours and the maintenance of a landscaped buffer will help promote the public health , safety and general welfare Natural vegetation exists and will be maintained 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 The building meets all building setbacks However , a waiver of the landscaping code is requested with supporting letters from adjacent property owners Staff This use is listed as a principal use for the I - 1 district and is , therefore , in accordance with the intent of the I - 1 district The development will comply with all regulations as set forth in the Johnston County Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Hours will be Monday - Saturday , 6 00 am to 9 00 pm changed to 11 00 pm and Sunday , 1 00 pm to 6 00 pm Staff 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 This will be a low intensive use with very little public citizens on the property Staff The development will comply with all requirements of the Land Development Code and any conditions as required by the Boards APPLICANT Machine and welding shop Specific Land Uses 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 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 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 5 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface 6 Installation of a Class B Buffer along all zoning lines 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense 7 Hours of Operation Monday – Saturday , 6 00 am – 11 00 pm , and Sunday , 1 00 pm - 6 00 pm normal operating hours are Monday - Friday , 8 00 am – 5 00 pm 8 Signage must comply with sign code 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 There shall be no public access to the welding shop Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray called to the Board’s attention two letters in the agenda packets from adjacent property owners , Mr Jerry Braswell and Mr William Talton , requesting the buffer requirement be waived in between their property and the subject site Mr Gray stated condition no 10 was added by the Planning Board due to the fact that most of the work for the public is done offsite , and if the public was allowed access , major modifications would be required to the structure Owner Applicant Ed Martin confirmed that the majority of the work is done away from the shop Mr Martin stated the main purpose of the shop is to house materials and it is typically not open to the public Mr Martin stated he has no problems with the proposed special use conditions PagePage pageNumber728 August 4 , 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 08 - 20 There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 20 Decision on Special Use Case 08 - 20 Case 08 - 20 Application to allow for the operation of a machine and welding shop Owner Applicant Ed Martin 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 Owner Applicant Ed Martin to allow for the operation of a machine and welding shop on 29 acres of a 119 acre tract located at 215 Bugshop Road in Boon Hill Township Commissioner Jeffrey P Carver seconded the motion Further Discussion and Amendment to Motion Commissioner Allen L Mims , Jr questioned if the motion included the provision to waive the buffer requirement in accordance with the letters received by Mr Talton and Mr Braswell Commissioner W Ray Woodall amended his motion to revise the special condition regarding the waiver of the buffer requirement in between the Braswell and Talton Properties and the subject site Commissioner Jeffrey P Carver seconded the amended 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 ; Welding shop is located approximately 400 ’ from Bug Shop Road The building is large enough to allot for the safe operation of a welding shop Normal operating hours and the maintenance of a landscaped buffer will help promote the public health , safety and general welfare Natural vegetation exists and will be maintained 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 ; The building meets all building setbacks However , a waiver of the landscaping code is requested with supporting letters from adjacent property owners This use is listed as a principal use for the I - 1 district and is , therefore , in accordance with the intent of the I - 1 district The development will comply with all regulations as set forth in the Johnston County Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Hours will be Monday - Saturday , 6 00 am to 9 00 pm changed to 11 00 pm and Sunday , 1 00 pm to 6 00 pm 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 This will be a low intensive use with very little public citizens on the property The development will comply with all requirements of the Land Development Code and any conditions as required by the Boards APPLICANT Machine and welding shop Specific Land Uses 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 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 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 5 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface 6 Installation of a Class B Buffer along all zoning lines 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense The applicant may waive the buffer along the Jerry Braswell and William Talton property lines 7 Hours of Operation Monday – Saturday , 6 00 am – 11 00 pm , and Sunday , 1 00 pm - 6 00 pm normal operating hours are Monday - Friday , 8 00 am – 5 00 pm 8 Signage must comply with sign code 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 There shall be no public access to the welding shop The Chairman reopened the Rezoning Hearing for Case 08 - 21 PagePage pageNumber829 August 4 , 2008 – 6 00 pm Continued Case 08 - 21 Petition to rezone three tracts totaling 541 acres located on Church Road SR 1520 in Pleasant Grove Township , from Agricultural Residential AR and Community Business - Special Use District CB - SUD to General Business - Special Use District GB - SUD Tax ID 13E04025 , 13E04025E , 13E04039B Owner Applicant Manning Homes , Inc Planning Director Berry Gray stated the petition is to rezone three tracts totaling 541 acres located on Church Road in Pleasant Grove Township , from Agricultural Residential and Community Business - Special Use District to General Business - Special Use District He noted there is a special use permit application associated with the request to allow for the construction and operation of a mini storage facility Mr Gray reported part of the subject site was originally permitted for an appliance and TV repair and sale shop which is no longer in operation Mr Gray stated the property located to the south is also petitioning for a mini storage facility and car wash and the Board would review that case next Mr Gray also stated there are existing buildings on the subject site that will be removed within six months of the rezoning , if approved Mr David Manning , of Manning Homes , Inc , requested the Board to consider rezoning the property and offered to answer any questions Mr Gray reported the Planning Board recommended approval of Case 08 - 21 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 21 Decision on Rezoning Case 08 - 21 Case 08 - 21 Petition to rezone three tracts totaling 541 acres located on Church Road SR 1520 in Pleasant Grove Township , from Agricultural Residential AR and Community Business - Special Use District CB - SUD to General Business - Special Use District GB - SUD Tax ID 13E04025 , 13E04025E , 13E04039B Owner Applicant Manning Homes , Inc Commissioner W Ray Woodall moved the Board approve rezoning case 08 - 21 , to rezone three tracts totaling 541 acres located on Church Road in Pleasant Grove Township , from Agricultural Residential and Community Business - Special Use District to General Business - Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 08 - 21 Case 08 - 21 Application to allow for the construction and operation of a mini storage facility Owner Applicant Manning Homes , Inc Those wishing to speak on Special Use Case 08 - 21 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 mini storage facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 21 on May 1 , 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 PagePage pageNumber930 August 4 , 2008 – 6 00 pm Continued On June 17 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 21 and made the following recommendations Upon a motion by Mr Browder seconded by Mr Gathers and carried unanimously 8 - 0 the Planning Board votes at its June 17 , 2008 meeting to recommend approval of the Special Use Permit request , Case 08 - 21 , 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 is designed and located in an area that is safe from an operating aspect Site has adequate roads , safe ingress and egress Proposed use and design will have minimal impact on the area Site will not use or store any hazardous materials Staff Lighting , landscape buffering and controlled access will maintain and promote the health , safety , and general welfare of the public 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 Proposed site shall conform to all county , state , and federal regulations , standards , and specifications Staff The proposed development is in accordance with the intent of the General Business district Proposed development is located near McGee’s Crossroads in an area becoming more commercialized 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Proposed site is providing a needed service to the area and will enhance the surrounding contiguous properties from both value and service aspect Staff Landscape requirements and controlled access will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant After meeting with Johnston County Planning Staff , it was determined that the proposed development meets the county code , strategic plan and development policies Staff Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards APPLICANT Mini storage Specific Land Uses Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Must comply with all traffic improvements as required by NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 5 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface or if disturbing more than one acre of land 6 Installation of a Class B Buffer along all zoning lines 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along street , and 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet along internal rezoning lines A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense 7 Hours of Operation Seven days a week , 24 hours a day 8 Signage must comply with sign code 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Color scheme of buildings and or fencing shall be in harmony with each other and with the surrounding neighborhood 11 An opaque fence , along with the required landscape buffer , shall be placed along all residential property lines The plant material shall be on the outside of the fence Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray stated condition no 11 was added by the Planning Board as a result of a neighboring property owner concern regarding the impacts of the rezoning to the adjacent residential property Mr David Manning , of Manning Homes , Inc , informed the Board that the operation would greatly improve the look of the area and Manning Homes understands and is agreeable to all of the special use conditions 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 - 21 There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 21 Decision on Special Use Case 08 - 21Page031 August 4 , 2008 – 6 00 pm Continued Case 08 - 21 Application to allow for the construction and operation of a mini storage facility Owner Applicant Manning Homes , Inc 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 Owner Applicant Manning Homes , Inc to allow for the construction and operation of a mini storage facility on three tracts totaling 541 acres located on Church Road in Pleasant Grove 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 is designed and located in an area that is safe from an operating aspect Site has adequate roads , safe ingress and egress Proposed use and design will have minimal impact on the area Site will not use or store any hazardous materials Lighting , landscape buffering and controlled access will maintain and promote the health , safety , and general welfare of the public 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 ; Proposed site shall conform to all county , state , and federal regulations , standards , and specifications The proposed development is in accordance with the intent of the General Business district Proposed development is located near McGee’s Crossroads in an area becoming more commercialized 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 ; Proposed site is providing a needed service to the area and will enhance the surrounding contiguous properties from both value and service aspect Landscape requirements and controlled access will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners After meeting with Johnston County Planning Staff , it was determined that the proposed development meets the county code , strategic plan and development policies Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards APPLICANT Mini storage Specific Land Uses Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Must comply with all traffic improvements as required by NCDOT 4 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 5 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface or if disturbing more than one acre of land 6 Installation of a Class B Buffer along all zoning lines 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along street , and 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet along internal rezoning lines A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense 7 Hours of Operation Seven days a week , 24 hours a day 8 Signage must comply with sign code 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Color scheme of buildings and or fencing shall be in harmony with each other and with the surrounding neighborhood 11 An opaque fence , along with the required landscape buffer , shall be placed along all residential property lines The plant material shall be on the outside of the fence The Chairman reopened the Rezoning Hearing for Case 08 - 22 No public hearing required Case 08 - 22 Petition to rezone two tracts totaling 35 acres located at 545 Church Road SR 1520 in Pleasant Grove Township , from General Business - Special Use District GB - SUD Special Use Permit expired to General Business - Special Use District GB - SUD Tax ID 13E04036K , 13E04036L Owner Applicant N Morris Rowland Planning Director Berry Gray introduced case 08 - 22 and advised that since the property was previously rezoned to General Business - Special Use District , a public hearing for rezoning the property was not required and the Board could hear the special use petition , which has expired There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 22 Page132 August 4 , 2008 – 6 00 pm Continued The Chairman reopened the Special Use Hearing for Case 08 - 22 Case 08 - 22 Application to allow for the construction and operation of a car wash , mini storage facility , as well as outside storage of boats , RV’s , autos , trucks , trailers , etc Owner Applicant N Morris Rowland Those wishing to speak on Special Use Case 08 - 22 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 car wash and mini storage facility as well as outside storage of boats , RV’s , autos , trucks , trailers , etc Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 22 on April 24 , 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 June 17 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 22 and made the following recommendations Upon a motion by Mr Delaine seconded by Mr Massengill and carried unanimously 8 - 0 the Planning Board votes at its June 17 , 2008 meeting to recommend approval of the Special Use Permit request , Case 08 - 22 , 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 properties are properly zoned The additional use of outdoor storage of boats and RV’s and vehicles would not be a substantial change , so the public health , safety and welfare would not be changed Staff Lighting , landscape buffering , and fencing will maintain and promote the health , safety , and general welfare of the public 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 The properties and proposed uses will be required to meet all codes , ordinances and resolutions of local , state and federal regulations Staff The proposed development is in accordance with the intent of the General Business district Proposed development is located near McGee’s Crossroads in an area becoming more commercialized 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 uses will be screened from public R W by fencing and landscaping The uses are in high demand by the general public Staff The special use conditions that are listed below will ensure that the value of contiguous properties are maintained 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 current zoning classification allows the proposed uses as listed in the land development code Staff Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards APPLICANT Mini storage , outside storage of boats , RV’s , autos , trucks , trailers and etc as well Specific Land Uses as car wash Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Page233 August 4 , 2008 – 6 00 pm Continued 3 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface or if disturbing more than one acre of land 4 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 5 Must comply with all traffic improvements as required by NCDOT Must receive a driveway permit 6 No access off of NC Hwy 50 7 Installation of a Class B Buffer along all zoning lines 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along street , and 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet along internal rezoning lines A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense 8 Hours of Operation Seven days a week , 24 hours a day 9 Signage must comply with sign code 10 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Color scheme of buildings and fencing shall be in harmony with each other and with the surrounding neighborhood 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 Mr Gray reported the previous special use permit approval occurred in 2004 and has since expired He noted the changes to the site plan from the original design include the addition of outside storage Mr Gray explained that condition no 11 was added in 2004 based on concerns by the residents at the time that the colors of the facility may not blend in with the community Taylor Blakely , 700 Exposition Place , Suite 105 , Raleigh , representing the applicant , informed the Board that at the time the original permit was approved , the operation was a partnership between Mr Rowland and Carl Spears He noted Mr Rowland has since bought out Mr Spears and is ready to begin the project Mr Blakely stated Mr Rowland understands and agrees to all the proposed special use conditions Andy Stephenson , 59 Dixon Road , Willow Springs , stated he owned land directly across the road from the subject site Mr Stephenson expressed his concerns with potential runoff associated with the development , specifically the car wash operation Mr Stephenson noted he has horticulture lands across the road and may install an irrigation pond in the future Mr Stephenson inquired as to how runoff from the development would be addressed so as to not impact his property Mr Blakely stated the site will contain more than 17,000 square feet of impervious surface area and the developer will install a bio - retention basin to address the stormwater runoff before it leaves the property At the request of the Chairman , Mr Blakely reviewed the site plan with the Board , pointing out the bio - retention area on the site plan for Mr Stephenson Commissioner Allen L Mims , Jr noted many car wash operations are installing recyclers Mr Blakely reported the car wash area will have a separate filtration system before the runoff goes to the bio - retention area He stated the runoff from the mini storage area would flow directly to the bio - retention area Commissioner DeVan Barbour asked if the car wash operation would contain a recycling system Mr Blakely responded at the present time , he is unsure as to what Mr Rowland’s plans are for a recycling system in the car wash Mr Blakely stated the primary objective is to construct the mini storage facility Commissioner Barbour commented that it would make sense economically to install the recyclers and reuse the water in the car wash Mr Stephenson asked for more details associated with the plans to address runoff , noting he is unfamiliar with car wash operations and what happens to the water associated with such developments Commissioner Wade M Stewart stated he believes that the water associated with car washes is trapped and filtered to be reused within the operation Commissioner Stewart commented he felt that Mr Stephenson is concerned with the stormwater design in general and inquired if a ditch was located on the side of the road on NC Hwy 50 Mr Stephenson pointed out there is a ravine on the roadside that eventually runs into the branch behind his house He noted his concerns with detergents associated with the car wash Page334 August 4 , 2008 – 6 00 pm Continued Mr Gray explained that a stormwater plan will be required prior to approval of construction on the development and with the current environmental regulations in place , any runoff would have to be filtered before it is released into the retention pond and the riparian area Mr Gray stated there will be several steps the water runoff would have to go through before it empties into the ditch Mr Stephenson stated he is not opposed to the development ; however , he still has concerns over water quality issues Commissioner DeVan Barbour stated the car wash should have a recycler in place and the stormwater design will be approved by the State as well as County agencies to ensure there are no chemicals in the runoff Mr Gray reported the stormwater plan will be public information and would be open for review in the Planning Department Mr Blakely stated he has designed many bio - retention facilities and the State is very specific on design details for erosion and stormwater control Mr Blakely assured Mr Stephenson that the developer will do what is necessary to meet the State and County regulations Commissioner Barbour stated he understood the concerns of Mr Stephenson and agreed that any chemicals in the runoff could be detrimental to a horticulture operation In response to a question from Mr Stephenson , Mr Blakely noted a grading permit was issued for the site a few years ago and there is a temporary sediment basin on the site for erosion control Mr Blakely reviewed with Mr Stephenson the plans for the final bio - retention facility to be constructed on the property 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 - 22 There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 22 Decision on Special Use Case 08 - 22 Case 08 - 22 Application to allow for the construction and operation of a car wash , mini storage facility , as well as outside storage of boats , RV’s , autos , trucks , trailers , etc Owner Applicant N Morris Rowland Based on the following findings of facts and the special use conditions , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to Owner Applicant N Morris Rowland to allow for the construction and operation of a car wash , mini storage facility , as well as outside storage of boats , RV’s , autos , trucks , trailers , etc on two tracts totaling 35 acres located at 545 Church Road in Pleasant Grove Township Commissioner W Ray Woodall 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 properties are properly zoned The additional use of outdoor storage of boats and RV’s and vehicles would not be a substantial change , so the public health , safety and welfare would not be changed Lighting , landscape buffering , and fencing will maintain and promote the health , safety , and general welfare of the public 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 ; The properties and proposed uses will be required to meet all codes , ordinances and resolutions of local , state and federal regulations The proposed development is in accordance with the intent of the General Business district Proposed development is located near McGee’s Crossroads in an area becoming more commercialized 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 uses will be screened from public R W by fencing and landscaping The uses are in high demand by the general public The special use conditions that are listed below will ensure that the value of contiguous properties are maintained 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 Page435 August 4 , 2008 – 6 00 pm Continued The current zoning classification allows the proposed uses as listed in the land development code Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Mini storage , outside storage of boats , RV’s , autos , trucks , trailers and etc as well as car wash Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 3 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface or if disturbing more than one acre of land 4 Applicant shall submit a detailed site plan for review and approval by Planning and Zoning Department Staff 5 Must comply with all traffic improvements as required by NCDOT Must receive a driveway permit 6 No access off of NC Hwy 50 7 Installation of a Class B Buffer along all zoning lines 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along street , and 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet along internal rezoning lines A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally intense 8 Hours of Operation Seven days a week , 24 hours a day 9 Signage must comply with sign code 10 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Color scheme of buildings and fencing shall be in harmony with each other and with the surrounding neighborhood The Chairman reopened the Rezoning Hearing for Case 08 - 23 Case 08 - 23 Petition to rezone 9 of a 568 acre tract located on NC Hwy 50 approximately ¼ of a mile north of the intersection with Byrdtown Road in Elevation Township , from Agricultural - Residential AR to Community Business - Special Use District CB - SUD Tax ID 07E07045D Owner Applicant Charles Lee Byrd Planning Director Berry Gray stated the petition is to rezone 9 of a 568 acre tract located on NC Hwy 50 approximately one - fourth of a mile north of the intersection with Byrdtown Road in Elevation Township , from Agricultural - Residential to Community Business - Special Use District He noted there is a special use permit application associated with the request to allow for the use of an existing building as an office and for storage of spray foam insulation Mr Gray stated there is currently a 40 ft x 60 ft building on the site The surrounding areas are zoned Agricultural Residential with a mobile home park located nearby Mr Gray stated the building is 2,400 square feet and does meet all setback requirements He indicated the property owner wishes to lease the building to the spray foam insulation company It was determined that the applicant was not present , nor a representative on his behalf There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 23 Decision on Rezoning Case 08 - 23 Tabled Case 08 - 23 Petition to rezone 9 of a 568 acre tract located on NC Hwy 50 approximately ¼ of a mile north of the intersection with Byrdtown Road in Elevation Township , from Agricultural - Residential AR to Community Business - Special Use District CB - SUD Tax ID 07E07045D Owner Applicant Charles Lee Byrd Due to the absence of the applicant , Commissioner Jeffrey P Carver moved the Board table a decision on case 08 - 23 until the September 2 , 2008 6 00 pm meeting Commissioner Tony Braswell seconded the motion , which carried by unanimous vote 3 Public Hearing Arterial and Collector List Update - Advertised July 23 and July 30 , 2008 in The Smithfield Herald The Chairman opened the public hearing Planning Director Berry Gray informed the Board that the current arterial and collector list was last updated in 2002 Mr Gray reviewed the updates with th