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

10 54 Meeting of the Johnston County Board of Commissioners September 2 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 2 , 2008 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , and 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 – August 20 and 27 , 2008 Certified letters were mailed to adjoining property owners on August 21 , 2008 Notices were posted at the locations on June 2 , 2008 for Case 08 - 23 ; and July 2 , 2008 for Cases 08 - 19 , 08 - 24 , and 08 - 25 The Chairman opened the Rezoning Hearing for Case 08 - 19 Case 08 - 19 Petition to rezone approximately two acres located on Princeton - Kenly Road SR 2342 in Boon Hill Township , from Industrial 1 - Special Use District I1 - SUD to Industrial 1 - Special Use District I1 - SUD Special Use Permit expired Tax ID 04Q07017 Owner Applicant Kenneth Rowe Planning Director Berry Gray introduced case 08 - 19 and advised that since the property was previously rezoned to Industrial 1 – 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 - 19 The Chairman opened the Special Use Hearing for Case 08 - 19 Case 08 - 19 Permit to allow for the operation of a multi - station slaughter facility , trucking in of animals , and a store front packaged meat section open to the public Owner Applicant Kenneth Rowe Those wishing to speak on special use case 08 - 19 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 multi - station slaughter facility , trucking in of animals , and a store front packaged meat section open to the public Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 19 on April 17 , 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 Page55 September 2 , 2008 – 6 00 pm Continued ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On July 15 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 19 and made the following recommendations Upon a motion by Mr Massengill , seconded by Mr Letchworth and carried unanimously 8 - 0 the Planning Board votes at its July 15 , 2008 meeting to recommend approval of the Special Use Permit request , Case 08 - 19 , 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 slaughter house will be inspected by the state on a daily basis Staff Regular inspections by State personnel will ensure that the slaughterhouse is operated in a safe and healthy manner Normal operating hours and the maintenance of a landscaped buffer will help promote the public health , safety and general welfare All permits will be adhered to 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 This site will be monitored by the State Meat and Poultry Department , Dept of Agriculture , Division of Water Quality , and the Department of Livestock Staff The intent of the Industrial - 1 district is to provide for public and private uses of wholesale , distribution , limited processing , manufacturing and processing , and production nature serving the needs of the county The proposed development is in accordance with the intent of the I - 1 district 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The site will be landscaped and fixed well so it will increase the value of the farm 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 to general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This site will comply with all codes of Johnston County Staff 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 This is going to be a slaughter house that will be slaughtering animals from the farm and animals being trucked in There will also be a store - front section open to the public Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Must obtain a commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 3 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 4 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface 5 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 6 Installation of a Class C Buffer along all zoning lines 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet 7 Hours of Operation Monday – Sunday , 7 00 am – 9 00 pm 8 Signage 4 ’ x 8 ’ ground sign Signage must comply with sign code 9 Prior to the issuance of a Certificate of Occupancy , all buildings shall meet North Carolina Building Code and Johnston County Environmental Health and Public Utilities regulations ; any and all state and federal regulations and ordinances shall be met as well 10 Liability Insurance in the amount of 1,000,000 single pay shall be in effect at all times 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 Mr Gray reported the Planning Board requested the applicant to prepare a detailed site plan , showing the parking area , to be provided to the Board of Commissioners ; however , to date staff has not received a site plan from the applicant Eddie Rowe , 7034 Princeton - Kenly Road , stated he along with his father , Kenneth Rowe , are hoping to open the facility together Mr Rowe explained that there are numerous State requirements associated with a slaughtering operation and due to the costs associated with such a facility , they had to postpone their plans Mr Rowe reported the State has now offered financial assistance towards the operation and they would like to move forward Mr Rowe stated while he could provide a draft site plan , he is still unsure as to how large of a facility they intend to construct Mr Rowe indicated that regarding traffic , currently there are approximately 4 tractorPage56 September 2 , 2008 – 6 00 pm Continued trailer trucks and approximately 15 van trailers entering and exiting the property each day Mr Rowe noted they currently have liability insurance in the amount of 2,000,000 Commissioner Jeffrey P Carver stated the Board usually refers to a site plan in order to get an idea of the parking area and how the site will be laid out rather than the size of the building Mr Rowe stated they are requesting the permit for two acres and they are unsure as to exactly where they will locate the building on those two acres Mr Rowe reported his family owns the property around the subject site In response to a question from Commissioner DeVan Barbour , Mr Rowe confirmed the subject site is the same two acres that was approved three years ago Mr Rowe noted the regulations associated with slaughtering facilities are intense Upon a question from Commissioner Wade M Stewart , Mr Gray confirmed that the Board did approve the rezoning and the special use permit three years ago Mr Gray stated the submission of a detailed site plan for review by staff is one of the special 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 - 19 There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 19 Decision on Special Use Case 08 - 19 Case 08 - 19 Permit to allow for the operation of a multi - station slaughter facility , trucking in of animals , and a store front packaged meat section open to the public Owner Applicant Kenneth Rowe Motion Based on the 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 Kenneth Rowe to allow for the operation of a multi - station slaughter facility , trucking in of animals , and a store front packaged meat section open to the public on Princeton - Kenly Road in Boon Hill Township Commissioner DeVan Barbour seconded the motion Further Discussion and Amendment to Motion Commissioner Allen L Mims , Jr questioned the condition regarding the buffer requirement noting the owner applicant owns the property all around the subject site Commissioner Mims stated perhaps the buffer requirement should be waived unless the property changes ownership He indicated he believed the buffer was discussed with the case at the original hearing Mr Rowe stated he does not mind installing landscaping at the building ; however , he requested the Board to consider waiving the buffer requirement of installing large trees around the subject site , unless the site is sold Mr Rowe reported the adjacent property owner , Jimmy Stewart , is an employee of the Rowe family farm Commissioner Mims stated as long as nice landscaping is along the road to soften the look of the front of the building , then he did not see the need for buffering along the sides or the rear of the property Mr Rowe stated they wanted to set the building off the road in order to be in line with other buildings on the road Commissioner W Ray Woodall amended his motion to include the revision of the special conditions waiving the buffer requirement , unless the property changes ownership Commissioner DeVan Barbour seconded the amended motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions Page57 September 2 , 2008 – 6 00 pm Continued 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Must obtain a commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 3 Lighting if any shall be dark sky and engineered so as not to shine onto adjacent properties 4 A storm - water management plan shall be required if exceeding 17,000 sf of impervious surface 5 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 6 The buffer requirement may be waived ; however , installation of a Class C Buffer along all zoning lines 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet must be installed if property changes ownership 7 Hours of Operation Monday – Sunday , 7 00 am – 9 00 pm 8 Signage 4 ’ x 8 ’ ground sign Signage must comply with sign code 9 Prior to the issuance of a Certificate of Occupancy , all buildings shall meet North Carolina Building Code and Johnston County Environmental Health and Public Utilities regulations ; any and all state and federal regulations and ordinances shall be met as well 10 Liability Insurance in the amount of 1,000,000 single pay shall be in effect at all times 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 the surrounding areas are zoned Agricultural Residential with a mobile home park located nearby Mr Gray reminded the Board that the request was tabled from the August 2008 meeting due to the absence of the applicant WR Lambert , Lambert Surveying , 509 N Lincoln Street , Benson , representing the applicant , stated the shop was formerly used by Mr Byrd for a logging business Mr Lambert explained that Mr Byrd no longer operates the logging business and wishes to rent the building to an insulation company Mr Lambert reported there would be less traffic associated with the new business , and the closest property owner is the mother of Mr Byrd , who is not opposed Mr Gray reported the Planning Board recommended approval of rezoning case 08 - 23 from Agricultural - Residential to Community Business – Special Use District There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 23 Decision on Rezoning 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 Commissioner DeVan Barbour moved the Board approve rezoning case 08 - 23 , 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 Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 08 - 23 Case 08 - 23 Permit to allow for the use of an existing building as an office and for storage of spray foam insulation Owner Applicant Charles Lee Byrd Those wishing to speak on special use case 08 - 23 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 use of an existing building as an office and for storage of spray foam insulation Mr Gray introduced the following summary of evidence into the record PagePage pageNumber558 September 2 , 2008 – 6 00 pm Continued A pre - application consultation was held with the applicant for Case 08 - 23 on April 22 , 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 - 23 and made the following recommendations Upon a motion by Mr Delaine seconded by Mr Browder 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 - 23 , 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 proposal will conform Staff Normal operating hours and the maintenance of a landscaped buffer will help promote 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 We will comply with all regulations of land development Staff The intent of the Community Business district is to provide for the development of commercial and service areas that serve the daily convenience and personal service needs of a surrounding area This development does fall into this category and 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 Landscape buffer will be added to enhance value 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 The proposal will comply with all regulations Staff The development will comply with all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Will be using existing building for office and storage of spray foam insulation Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant must submit a detailed site plan for review and approval by Planning and Zoning Department Staff If open to the public , site plan must include a restroom for review and approval 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 over 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 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 – 9 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 Mr Gray listed and reviewed each of the special use conditions with the Board PagePage pageNumber659 September 2 , 2008 – 6 00 pm Continued WR Lambert , Lambert Surveying , 509 N Lincoln Street , Benson , representing the applicant , offered to answer any questions by the Board At the inquiry of Commissioner DeVan Barbour , Mr Byrd , stated he understood all the special use conditions Commissioner Allen L Mims , Jr noted the applicant owns the surrounding property and stated perhaps the buffer requirement should be reviewed further Upon a question from Commissioner Mims , Mr Byrd indicated there is a row of pine trees on one of the property lines and a row of Crape Myrtle Trees are located on the other property line Mr Byrd stated the structure is located at least 100 feet off the road 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 - 23 Mr Gray reported staff would have no concerns with adjusting the buffer requirement indicating there is existing vegetation on the property line There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 23 Decision on Special Use Case 08 - 23 Case 08 - 23 Permit to allow for the use of an existing building as an office and for storage of spray foam insulation Owner Applicant Charles Lee Byrd Based on the findings of facts and the revised special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owner Applicant Charles Lee Byrd to allow for the use of an existing building as an office and for storage of spray foam insulation on 9 acres 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 Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant must submit a detailed site plan for review and approval by Planning and Zoning Department Staff If open to the public , site plan must include a restroom for review and approval 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 over 17,000 sf of impervious surface or if disturbing more than one acre of land 6 The buffer requirement may be waived ; however , installation of a Class B Buffer along all zoning lines 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet must be installed if property changes ownership 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 – 9 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 The Chairman reopened the Rezoning Hearing for Case 08 - 24 Case 08 - 24 Petition to rezone 56 acres located at near 555 Drag Strip Road SR 1107 in Banner Township from Agricultural Residential AR to Resort Residential RR Tax ID Portion of lots 01F12050C , 01F12050H , 01F12050B , 01F12050E , 01F12050D , 01F12093 , 01F12048A Owner Applicant Roger Williams Planning Director Berry Gray stated the petition is to rezone 56 acres located near 555 Drag Strip Road in Banner Township from Agricultural Residential to Resort Residential Mr Gray reported the proposed use is directly beside the drag strip ; however , the request is separate and does not include any part of the drag strip operation Mr Gray noted the applicant wishes to have an area beside the drag strip for RV’s and camper hookups PagePage pageNumber760 September 2 , 2008 – 6 00 pm Continued WR Lambert , Lambert Surveying , 509 N Lincoln Street , Benson , representing the applicant , stated Mr Williams operates the drag strip and the intent of the rezoning is to have an area for the racecar owners who would like to stay near the drag strip in their RV’s for the week - ends only Mr Lambert reported races typically take place on Friday nights , Saturday nights , and Sundays He noted the area would not be used at any other time Mr Gray reported the Planning Board recommended approval of rezoning case 08 - 24 from Agricultural - Residential to Resort Residential There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 24 Decision on Rezoning Case 08 - 24 Case 08 - 24 Petition to rezone 56 acres located at near 555 Drag Strip Road SR 1107 in Banner Township from Agricultural Residential AR to Resort Residential RR Tax ID Portion of lots 01F12050C , 01F12050H , 01F12050B , 01F12050E , 01F12050D , 01F12093 , 01F12048A Owner Applicant Roger Williams Commissioner DeVan Barbour moved the Board approve rezoning case 08 - 24 , to rezone 56 acres located near 555 Drag Strip Road in Banner Township from Agricultural Residential to Resort Residential Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 08 - 25 Case 08 - 25 Petition to rezone 65 acre of a 467 acre tract located on NC Hwy 242 S near the intersection with Bear Road 1110 in Banner Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 01F13030 Owner Applicant Dennis Wayne Tart and Myra P Tart Planning Director Berry Gray stated the petition is to rezone 65 acre of a 467 acre tract located on NC Hwy 242 S near the intersection with Bear Road in Banner 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 operation of an automobile sales business Mr Gray reported the property has been used as an automobile sales business in the past as a grandfathered use , and the applicant now wishes to reopen and expand the current facility He stated the surrounding zoning is Agricultural Residential and is fairly rural Applicant Dennis Tart offered to answer any questions by the Board Mr Gray reported the Planning Board recommended approval of rezoning case 08 - 25 from Agricultural - Residential to Community Business – Special Use District There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 25 Decision on Rezoning Case 08 - 25 Case 08 - 25 Petition to rezone 65 acre of a 467 acre tract located on NC Hwy 242 S near the intersection with Bear Road 1110 in Banner Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 01F13030 Owner Applicant Dennis Wayne Tart and Myra P Tart Commissioner DeVan Barbour moved the Board approve rezoning case 08 - 25 , to rezone 65 acre of a 467 acre tract located on NC Hwy 242 S near the intersection with Bear Road in Banner Township from Agricultural Residential to Community Business - 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 - 25 Case 08 - 25 Permit to allow for the operation of an automobile sales business Owner Applicant Dennis Wayne Tart and Myra P Tart Those wishing to speak on special use case 08 - 25 were sworn in by the Clerk to the Board PagePage pageNumber861 September 2 , 2008 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of an automobile sales business Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 25 on June 6 , 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 July 15 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 25 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Browder and carried unanimously 8 - 0 the Planning Board votes at its July 15 , 2008 meeting to recommend approval of the Special Use Permit request , Case 08 - 25 , 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 Had business there for eleven 11 years with no negativity impact Business hours are from 8 00 am to 7 00 pm Monday through Sunday Sufficient parking for customers Staff The owner of the existing auto sales center will add a landscaped buffer along all rezoning lines and maintain normal hours of operation to promote 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 Development meets County’s development standards Business will be permitted by NCDMV Staff This location , on a collector street , will be able to serve the daily convenience and personal service needs of the surrounding area , as the Community Business District is intended to do 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This business will not cause a negative impact on community because it initially started in 1997 Staff Landscape buffering requirements and special use conditions will be enforced to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant It will be a small to medium scale business Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Automotive sales Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs along internal lines and 3 large trees , 3 small trees and 12 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 4 Hours of Operation Monday through Sunday , 8 00 am – 9 00 pm 5 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 6 Lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 7 Signage must comply with the sign code 8 Must obtain driveway permit and comply with any traffic improvements as required by NCDOT 9 No painting or body work will take place on site Auto detailing is permitted 10 Existing building shall be upgraded to meet commercial building codes PagePage pageNumber962 September 2 , 2008 – 6 00 pm Continued 11 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 12 No parking of vehicles for display within the 20 foot buffer along NC Hwy 242 Mr Gray listed and reviewed each of the special use conditions with the Board Commissioner Tony Braswell asked if there was a restriction on the number of allowed vehicles Mr Gray reported at the present time , there is no restriction on the allowed number of vehicles ; however , the applicant has stated he plans to only have approximately 30 vehicles on the site at any given time There were no questions for the applicant 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 - 25 There being no further comments , the Chairman closed the Special Use Hearing for Case 08 - 25 Decision on Special Use Case 08 - 25 Case 08 - 25 Permit to allow for the operation of an automobile sales business Owners Applicants Dennis Wayne Tart and Myra P Tart Based on the 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 Owners Applicants Dennis Wayne Tart and Myra P Tart to allow for the operation of an automobile sales business on a 65 acre tract located on NC Hwy 242 S near the intersection with Bear Road in Banner Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Applicant must submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs along internal lines and 3 large trees , 3 small trees and 12 shrubs along the street every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 4 Hours of Operation Monday through Sunday , 8 00 am – 9 00 pm 5 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 6 Lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 7 Signage must comply with the sign code 8 Must obtain driveway permit and comply with any traffic improvements as required by NCDOT 9 No painting or body work will take place on site Auto detailing is permitted 10 Existing building shall be upgraded to meet commercial building codes 11 All existing and future buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 12 No parking of vehicles for display within the 20 foot buffer along NC Hwy 242 3 Proposed Amendment to Johnston County Planning and Zoning Fee Chart Planning Director Berry Gray outlined an amendment to the Planning Department Fee Schedule as it relates to appeals Mr Gray explained the current fee to appeal a citation from the County is 25000 and that in some situations where a 10000 fine is being appealed , a fee of 25000 can appear to be unreasonable He noted the revision would allow the fee to mirror that of the fine with a maximum of 25000 Mr Gray reminded the Board that the current schedule allows for the Board of Adjustment , at its discretion , to refund the appeal fee for prevailing parties Commissioner W Ray Woodall moved the Board approve the amendment to the Johnston County Planning and Zoning Fee Chart to allow the appeals fee to mirror that of the fine with a maximum of 25000 Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Page063 September 2 , 2008 – 6 00 pm Continued Board of Adjustment Appeals 25000 or amount of fine , whichever is less The Board of Adjustment , in its discretion , may waive any and all appeal fees for prevailing parties 4 Call for Public Hearings – Land Development Code Stubout Street Signage Amendment Hearing and Reverse Frontage Lots Amendment Hearing At the request of Planning Director Berry Gray and following discussion , Commissioner DeVan Barbour moved the Board schedule the two public hearings for the October 6 , 2008 6 00 pm meeting for the purposes of receiving comment on amendments to the Land Development Code Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 5 Manager Reports and Comments A Veterans Services Office Meetings County Manager Rick Hester reported the Veterans Services Office would be traveling across the County holding meetings to better reach the veterans Beginning later this year , the meetings will be held each month at locations in Clayton , Benson , Kenly , and Princeton Mr Hester stated he would report the specific schedule of the meetings to the Board once it is finalized and also informed the Board that the meetings would be well publicized B Possible Workgroup to study Capital Improvements Program County Manager Rick Hester asked Chairman Pope to consider appointing a workgroup for the purposes of meeting and discussing the County’s capital improvements program The Chairman stated she would consider the workgroup and appoint Commissioners to the committee during October Commissioner Allen L Mims , Jr stated he felt it was important to begin reviewing the capital improvements program in order to better understand finances and timelines C Land Use Plan Meeting – September 4 , 2008 – 6 00 pm County Manager Rick Hester submitted draft documents associated with the ongoing development of the Johnston County Comprehensive Land Use Plan to the Board received earlier in the day It was the unanimous consensus of the Board to go ahead with the special meeting on September 4 , 2008 at 6 00 pm to discuss the draft documents with Clarion Associates D Citizens Workshop – Land Use Plan – September 23 , 2008 at 6 00 pm County Manager Rick Hester informed the Board that the Citizens Workshop for the purposes of presenting the draft Johnston County Land Use Plan to the public has been scheduled for September 23 , 2008 at 6 00 pm at the Johnston County Agricultural Building 6 Board Reports and Comments Chairman Cookie Pope expressed her appreciation to the staff for their good work and support to the Board of Commissioners There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 6 40 pm ____________________________ Cookie Pope , Chairman Paula G Woodard , Clerk to the BoardPage