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

10 92 Meeting of the Johnston County Board of Commissioners October 6 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 6 , 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 A Board of Elections – Request to Convert Part - Time Permanent Position to Full - Time Permanent This item was tabled from the 10 00 am meeting Leigh Anne Price , Director for the Johnston County Board of Elections , explained that due to an increase in the volume of voter registrations as well as mandates from the State , the Board of Elections office has a need for the conversion of a permanent part - time position to be made into a permanent full - time position Ms Price reported Johnston County currently has 97,846 registered voters , and she anticipates that with the growing interest in the November 2008 Presidential Election , the voter registration will reach well over 100,000 Ms Price noted the cost associated with the conversion of the position would total 8,14780 , which includes the increase in salary and benefits She stated that if approved , funds are available in the Board of Elections budget to cover the increase in cost Commissioner Wade M Stewart asked if the employee was currently receiving County benefits Ms Price confirmed the employee is currently receiving benefits and at present is scheduled to work 30 hours per week Ms Price stated if the office had one more full - time person , then they could cut out some of the other part - time help that is utilized during peak periods Commissioner DeVan Barbour questioned if the request could wait until the next budget discussions to be considered Commissioner Stewart noted that the County is under a hiring freeze and every department is being scrutinized regarding the need for additional positions Commissioner Stewart agreed that perhaps it would be best to extend the employee’s hours for the time being , and wait until next fiscal year to consider converting the position to permanent full - time Commissioner Allen L Mims , Jr stated he realized that the Board of Elections Office is busy and that even though the Elections budget has the funds to cover the request , with the current state of the economy , he noted the importance of tightening spending Commissioner Mims agreed that he would prefer to wait until the budget discussions to consider the request It was the unanimous consensus of the Board to decline to take action and instead asked Ms Price to bring the request back before the Board during next fiscal year’s budget discussions B Johnston Community College – Request for Additional Funds for Parking Lot Paving Project Dr Donald Reichard , President of Johnston Community College , along with Angela Crawford of MBAJ Architecture , appeared before the Board and requested additional funds in the amount of 185,000 in order to complete Bay 3 of the JCC Parking Lot Paving Project Ms Crawford explained that Bays 1 and 2 of Parking Lot B - 1 have been completed She reported that testing under Bay 3 has determined that the soil conditions are 30 worse than Bay 2 , based on geotechnical analysis Ms Crawford stated the College has a remaining balance of 107,93199 , and to finish Bay 3 it willPage93 October 6 , 2008 – 6 00 pm Continued cost a total of 370,000 Ms Crawford noted that the College could perform minor repairs in the amount of 40,000 to Bay 3 ; however , due to the anticipated traffic , the minor repairs would only be effective for about six months Dr Reichard requested the Board to appropriate 185,000 in order to properly finish Bay 3 and stated the College would come back next fiscal year to request additional funds to complete the remaining parking lot paving projects Dr Reichard reiterated that minor repairs can be done to Bay 3 in the amount of 40,000 , but cautioned that the lot would have to be repaired again later Dr Reichard stated one option the Board could consider is transferring 185,000 from bond funds appropriated to the construction of the Health Sciences Building addition in order to complete Bay 3 of the parking lot Dr Reichard stated the Health Sciences Building addition is currently under budget , and he hopes that if the Board chooses to transfer some of the bond funds to the parking lot project , that the construction costs of the Health Sciences Building addition will not require those funds at the end of the project Commissioner DeVan Barbour inquired if the College has conducted geotechnical testing on Bays 4 and 5 and if so , what were the conditions Ms Crawford stated that they do not believe Bays 4 and 5 will be worse than Bay 3 and that they anticipate a much better subsurface At the inquiry of Commissioner Wade M Stewart , Dr Reichard reported the College originally planned to pave the entire B - 1 Parking Lot , Lot C , and a small lot in the back ; however , the College has had to scale the project down due to remediation costs Dr Reichard stated the College would be coming back to the Board of Commissioners next fiscal year with a revised request to finish the remaining lots In response to a question from Commissioner Allen L Mims , Jr , Dr Reichard explained that the College did perform testing on the subsurface , and noted the alternate bid which was not awarded , was to address the remediation efforts that were anticipated Commissioner Stewart inquired if the work would be performed at the contractor’s original alternate bid price Ms Crawford confirmed that the contractor can only charge the unit rate which was in his original alternate bid County Manager Rick Hester cautioned against using bond funds from the Health Sciences Building addition construction project Mr Hester stated with the current state of the economy , the College would be fortunate to finish the construction of the building addition within budget Dr Reichard stated he is willing to use the bond funds that are being considered as under budget , from the Health Sciences Building addition to complete the paving project on Bay 3 in the hopes that the Health Sciences Building addition will not run over budget At the inquiry of Commissioner Jeffrey P Carver , Ms Crawford stated it was always known there were unsuitable surfaces under the parking lots through limited testing ; however , the true extent of the problems could not be determined until extensive testing was performed by tearing up large areas of asphalt Commissioner Tony Braswell asked Mr Hester for his recommendation Mr Hester stated that the bond funds could be used ; however , in looking at some of the recent construction projects and seeing project cost overruns , he did not feel comfortable using bond funds from the Health Sciences Building addition Commissioner Mims pointed out that the Health Sciences Building addition is already under budget by approximately 600,000 and it appeared that there were some things that could be cut back on the building addition construction , if needed Ms Crawford stated on the Health Sciences Building addition , all of the subsurface work has been completed and is in good shape She noted that the only exception may be the renovation work ; however , the value of the renovation work is less than 600,000 , presently Page94 October 6 , 2008 – 6 00 pm Continued Dr Reichard stated the College is in need of funds to complete Bay 3 of the paving project and the cash is available from the bond funds ; however , that is not to say that he would not request those funds back later on , if needed Commissioner Mims stated he is not prepared to use the County’s fund balance to cover the costs to finish Bay 3 Commissioner Barbour asked if the College had to come back to the Board to request funds to cover costs associated with the Health Sciences Building addition , at what point would that request be made Dr Reichard indicated that if the College were to need additional funds to repay bond monies from the Health Sciences Building addition , it would be well into the next fiscal year In response to a question from Commissioner Stewart , Dr Reichard confirmed that the College is expecting to have bond funds left over from the Health Sciences Building addition Mr Hester reiterated that he wanted everyone to be aware that if there are overruns on the construction cost of the Health Sciences Building addition , those overruns would have to be addressed Commissioner Stewart stated he would prefer not to transfer monies from the bond funds on the front end Commissioner Carver stated he would prefer to use the bond funds and not spend any of the fund balance up front He noted that if there are overruns on the Health Sciences Building , then funds to offset those overruns could be addressed next fiscal year Commissioner Carver reiterated that he would prefer not to touch the fund balance up front County Finance Officer John Massey reported staff had conferred with the County’s bond counsel who has confirmed that the bond funds could be transferred to the parking lot paving project County Attorney Mark Payne advised that the bond was written in a broad sense so that the funds are to be used on improvements to Johnston Community College Commissioner Mims stated he would prefer to use the bond funds and then address the building cost overruns if and when they occur next fiscal year Motion Commissioner Allen L Mims , Jr moved the Board transfer 185,000 of bond proceeds designated for the construction of the Health Sciences Building addition to the completion of paving Bay 3 of the parking lot Commissioner W Ray Woodall seconded the motion Commissioner Stewart stated he would like to see the parking lot paving project completed ; however , he would prefer not to use the bond funds Vote The motion carried by the following vote Ayes Commissioners Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioner Wade M Stewart C Proclamation – Johnston Hospice House Day – October 27 , 2008 April Culver , Johnston Health Vice President of Government Affairs , requested the Board to proclaim October 27 , 2008 as Johnston Hospice House Day Ms Culver introduced Durwood Stephenson , Chairman of the Campaign Steering Committee and Hector Perez , Executive Director of the Hospital Foundation th Ms Culver reported that on October 27 , she along with other Hospice House representatives would be traveling throughout the County , kicking off a county - wide fund raising campaign Ms Culver reported thePage95 October 6 , 2008 – 6 00 pm Continued fund raising efforts are going well and to date they have raised 28 million She noted that an additional 1 million is still needed Chairman Cookie Pope asked how the effort had been received by other healthcare givers and would those agencies be able to send patients to the new facility , once completed Ms Culver confirmed that other hospice agencies currently delivering in - home care in Johnston County would be able to send patients to the new Johnston Hospice House and further , that everyone had been supportive of the project Both Mr Stephenson and Mr Perez thanked the Board of Commissioners for their support to the project Commissioner Wade M Stewart noted that Mr Stephenson is a former North Carolina Board of Transportation member and thanked him for his support on transportation issues in Johnston County Commissioner Stewart stated that Mr Stephenson is a valued asset to Johnston County Chairman Pope also expressed her appreciation to Mr Stephenson for his past assistance to the County regarding economic development matters Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board proclaimed October 27 , 2008 as Johnston Hospice House Day in Johnston County D Johnston County Veterans Council Ken Parker , representing the Johnston County Veterans Council , addressed the Board and expressed his concerns with the recent establishment of the Veterans Services Advisory Board Mr Parker asked the Board to provide him with more information as to the purpose of the Advisory Board At the request of Chairman Cookie Pope , each veteran in the audience introduced themselves and provided a brief summary of their service years to the Board Commissioner Wade M Stewart stated that the Veterans Services Advisory Board was established to help address the numerous issues facing veterans across the County Commissioner Stewart explained that as a County Commissioner , he along with other Commissioners receives inquiries and complaints from numerous individuals regarding a wide variety of matters He noted that the Commissioners cannot keep current on every single issue they are made aware of , so they rely on such Advisory Boards to focus on their respective matters and report back to the Board of Commissioners with recommendations to ensure that the needs of the citizens are being properly met Commissioner Stewart stated that he has received a number of complaints from veterans in the County on a variety of topics and the Board of Commissioners would like to help the veterans with their problems Mr Parker stated that the Veterans Council would like to have been approached prior to the establishment of the Advisory Board and made aware of the potential board Mr Parker noted that the Veterans Council is working on more advertising of their organization Mr Parker expressed his concerns that the Veterans Council was not notified about the creation of the Advisory Board Commissioner Tony Braswell stated that it was his understanding during initial discussions concerning the establishment of an Advisory Board that the Veterans Council was to be contacted Commissioner Braswell assured Mr Parker that it was never the intent to do anything that would cause harm to any organization already in existence or their efforts Commissioner Braswell stated he believed that the County’s Veterans Services Officer Ricky Byrd was doing a good job ; however , he needed some support at the County level to further solidify his position Commissioner Braswell noted that if there would be any duplication of efforts with the Veterans Council , then he would like to know Commissioner W Ray Woodall agreed with Commissioner Braswell that in the initial discussions , he had been under the impression that the Veterans Council was to be contacted Commissioner Woodall stated it was his understanding that Ricky Byrd was to contact the Veterans Council and inform them of the initiative in order to get feedback from them PagePage pageNumber596 October 6 , 2008 – 6 00 pm Continued Vanessa Holiday , Chapter 44 Disabled Veterans Service Officer , noted her concerns to the Board regarding the County’s Veterans Services Office In response to Ms Holiday’s concerns , Commissioner Stewart reiterated that the establishment of the Advisory Board will provide some oversight to the County Veterans Services Office Commissioner DeVan Barbour stated he was unaware that there was no communication with the Veterans Council Commissioner Barbour further stated that he believes everyone wants to look after veterans affairs and he suggested that the County and the Veterans Council work together on solutions to help veterans After further comments and discussion , it was the unanimous consensus of the Board to have representatives from the Johnston County Veterans Council , the Johnston County Veterans Services Office and the Johnston County Board of Commissioners to meet and come to a compromise suitable to everyone The Board took a five minute recess 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – September 24 and October 1 , 2008 Certified letters were mailed to adjoining property owners on September 25 , 2008 Notices were posted at the locations on July 29 , 2008 for Cases 08 - 26 and 08 - 27 The Chairman opened the Rezoning Hearing for Case 08 - 26 Case 08 - 26 Property is a 126 acre tract located at 87 Jump Road SR 2321 , Princeton , in Pine Level Township from General Business - Special Use District GB - SUD to General Business - Special Use District GB - SUD Tax ID 12O09007B Owner Applicant Charles Franklin Warren II Planning Director Berry Gray introduced case 08 - 26 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 26 Commissioner Jeffrey P Carver moved the Board proceed with the special use hearing for Case 08 - 26 , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote The Chairman opened the Special Use Hearing for Case 08 - 26 Case 08 - 26 Permit to allow for the operation of an antique auto repair and restoration shop , and to use the existing building shelters for multiple purposes including an office , meeting place for his Car Club , and storage of vehicles and plumbing supplies Applicant also requests approval for the placement of up to two portable storage units outside the building Owner Applicant Charles Franklin Warren II Those wishing to speak on special use case 08 - 26 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 an antique auto repair and restoration shop , and to use the existing building shelters for multiple purposes including an office , meeting place for his Car Club , and storage of vehicles and plumbing supplies Applicant also requests approval for the placement of up to two portable storage units outside the building Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 26 on May 12 , 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 pageNumber697 October 6 , 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 August 19 , 2008 , the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 08 - 26 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr DeLaine and carried unanimously 8 - 0 the Planning Board voted at its August 19 , 2008 meeting to recommend denial of the Special Use Permit request , Case 08 - 26 , based on the request not meeting the following findings of fact 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 ; 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 ; 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 ; 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 Mr Gray stated that staff had received two telephone calls in support of case 08 - 26 , one from Randy Holloman of 130 Bull Drive directly across from the subject site , and the other from Christine Flowers of 2001 Riverview Drive in Clayton Ms Flowers reported that although she does not live near the property , she was calling in support of Mr Warren as a character witness Mr Gray noted that the existing building on the site was built as a commercial building several years ago He reported that Mr Warren purchased the property from the previous owner and began using the property for personal storage Mr Gray stated that staff had received a complaint concerning the property and determined that the previous owner had never recorded the special use permit ; therefore , it had expired Mr Gray informed the Board that the Planning Board had requested Mr Warren to look into installing a fence ; however , the Planning Board ultimately recommended denial due to concerns over the vegetative buffer requirement Mr Gray reported that staff is prepared to submit proposed special use conditions , if the Board requests them In response to a question from Commissioner Jeffrey P Carver , Mr Gray stated the original rezoning and special use approval had taken place over six years ago ; however , the previous owner at the time never had the special use permit recorded Mr Gray recalled that the previous owner had wanted to operate some type of repair facility but the property was used more for storage and salvage materials which resulted in a violation where the County required the previous owner to clean up the property Mr Gray noted that the previous owner did clean up the property and then sold it to Mr Warren At the request of Commissioner Allen L Mims , Jr , Mr Gray submitted and read the following proposed special use conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of Operation Seven days a week , 24 hours a day 4 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 5 All lighting must be dark sky and engineered so as not to shine onto adjacent properties 6 Signage must comply with the sign code and proper permits shall be obtained 7 Must obtain a driveway permit and comply with any traffic improvements as required by NCDOT If driveway permit already exists , applicant shall contact NCDOT to make any necessary updates 8 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 9 Portable storage units shall be placed behind the fence so as not to be visible from the street 10 An opaque fence with a height of no less than eight 8 feet shall be erected to screen any open storage of materials from adjacent properties Landscape vegetation shall be placed on the outside of the fence consisting of Leyland cypress trees planted five feet apart Owner shall contact the Johnston County Building Inspections Department to obtain a building permit for the fence Chairman Cookie Pope asked if the applicant had seen the proposed special use conditions Mr Gray reported staff did contact Mr Warren and reviewed with him the proposed special use conditions Mr Gray stated Mr Warren does have a concern with the vegetative buffer requirement He noted that Mr Warren has requested to be allowed to install the fence in stages over a period of time PagePage pageNumber798 October 6 , 2008 – 6 00 pm Continued Owner Applicant Chuck Warren informed the Board that when he purchased the property , he was unaware of the rezoning and the special use requirements Mr Warren stated he has been storing his equipment on the site in the building and under shelters and he would volunteer to put up a fence ; however , he would prefer not to install an 8 ft fence Mr Warren stated he would like to install a 6 ft fence , but he does not want to plant a vegetative buffer Mr Warren reported he does not conduct a business on the site , that it is used for his car club meetings , family reunions , and working on his own equipment Mr Warren noted he keeps the property cut and clean Mr Warren reported he does not wish to buffer one of the buildings on one side of the property Mr Warren stated he would like to tear down the existing fence across the front of the property and reinstall a 6 ft steel fence the same color as his building Commissioner Mims commented that the site looks better than the pictures he has seen ; however , he reminded everyone that zoning is forever and the future must always be considered with regards to the property itself as well as surrounding properties Mr Warren reiterated that he did not mind installing a fence Connie and Ken Capps , 149 Jump Road adjacent property addressed the Board Ms Capps stated that she and her husband have lived on their property since 1984 and she noted the previous owner started a business on the subject site which turned out to be a salvage yard Ms Capps noted that once the previous owner installed the existing fence , even more salvage was placed on the property Ms Capps informed the Board that since Mr Warren has purchased the property , he has improved the site ; however , she fears that the site may convert back to a salvage yard Ms Capps stated she is against Mr Warren operating an automotive repair business on the site Ms Capps indicated she does not have a problem with Mr Warren having his hobbies on the site associated with his car club , but she does not wish to live beside a salvage yard Ms Capps stated she wants to be a good neighbor , but she does not want to have to go through the process of getting the site cleaned up again Ms Capps stated she has no problem with the car club , but she does not feel there is adequate room to put more portable storage units on the site Ms Capps stated that she liked Mr Warren and his cars but she is concerned as to what could happen to the property in the future Mr Capps expressed his concerns as to what would be placed on the property if another fence were installed Ms Capps stated that a 6 ft fence would not be adequate Commissioner Mims noted that special conditions could be applied to the site so that all parties could feel comfortable Commissioner Mims asked Ms Capps what she felt should be added to the conditions in order for her to be comfortable with the site Ms Capps shared with the Board pictures of the property and expressed her concerns as to what is currently stored on the site as well as additional materials that Mr Warren may bring on the property for storage Ms Capps commented that Mr Warren is requesting to put two portable storage units on the site and she was unsure as to where he could put them Ms Capps also stated she has concerns that a business may be conducted on the site Chairman Cookie Pope acknowledged the concerns of Ms Capps and asked if she would prefer a fence or a vegetative buffer to be installed Mr Capps stated he would prefer a fence at least 8 ft in height Ms Capps asked if the fence were installed , would that allow Mr Warren to keep the materials that are currently on site stored on the property and if so , how much more would be allowed Ms Capps stated Mr Warren is already in violation Commissioner W Ray Woodall asked what would be offensive about the site , if a nice fence were installed Ms Capps stated that she did not believe the County’s ordinance would allow a salvage yard in a residential area Commissioner Mims stated that the site would not be rezoned for a salvage operation and that if the applicant operated a salvage operation , he would be in violation of the permit Commissioner Mims stated oncePagePage pageNumber899 October 6 , 2008 – 6 00 pm Continued the special use permit is in place , a County zoning compliance officer would check on the property from time to time and if Mr Warren violates any of the special use conditions , then the permit would be revoked At the inquiry of Commissioner Mims , County Attorney Mark Payne stated the County’s fine can be up to 500 per day on a zoning violation Ms Capps reiterated her concerns to the Board and stated they have been told by a realtor and a surveyor that such an operation beside them does hurt the value of their property Upon a question from Commissioner Woodall , Ms Capps confirmed that she and her husband purchased their property before the previous owner of the subject site was there Ms Capps stated she is against the special use case and does not wish to live beside it Commissioner Stewart asked Ms Capps if the Board approved the permit , would she be opposed to a fence Ms Capps responded she would not be opposed to a nice fence but that it needed to be a solid 8 ft fence Mr Capps stated he did not want the fence to be constructed out of barn type material , commenting that it would rust Commissioner Jeffrey P Carver asked Ms Capps if she would be acceptable to Mr Warren working on his own cars as his hobby with an 8 ft fence , so long as he did not utilize the property for an automotive repair business or a salvage yard Ms Capps confirmed that she was agreeable to Mr Warren utilizing the property for his own hobbies , with an 8 ft fence Mr Capps stated that he had no problem with Mr Warren’s use of the property as long as he kept everything inside the building and installed the 8 ft fence Ms Capps asked the Board to address any additional items that may be brought in for storage on the property in the future Jerry Holloman , 1584 Rains Crossroads Road , stated he owns the property directly behind the subject site Mr Holloman informed the Board that he has lived on the property for approximately 38 years and he has no problems with Mr Warren’s use of the subject site Mr Holloman reported he is a farmer and because he operates equipment close to the property line , he does not want a fence to be installed next to his property line at the back of the subject site Don Allen of Micro reported he is a member of Mr Warren’s car club Mr Allen informed the Board that the club is not a hot rod club and there is no drag racing Mr Allen stated they bring in old cars and work on them for the car club , and nothing is done as a business Mr Allen stated Mr Warren has allowed him to bring in things for his friends to be fixed , but he is not there to start a business Mr Allen noted that Mr Warren has improved the site and although he stores some of his plumbing supplies and other items , he keeps the property clean Tony Woodring , 15 Bull Drive , stated he lives across from the subject site as well as Ken and Connie Capps Mr Woodring stated he does not have a problem with what Mr Warren is doing on the property as long as the site is kept neat Mr Woodring stated he felt the neighbors should work together and if not , then a fence should be installed David Naessens , 69 Bull Drive , stated he does not have a problem with Mr Warren and that the property is maintained better than some others in the area Dean Holland , 115 Pecan Estates Lane , member of Mr Warren’s car club , stated the car club is used more or less for meetings and it is a family oriented atmosphere Mr Holland reported they bring their wives and children and there is no drinking Mr Holland stated the car club is recognized as a club in the State as well as a non - profit organization Mr Holland reiterated the club is a means for gathering and is not a chop shop or hot rod shop PagePage pageNumber9100 October 6 , 2008 – 6 00 pm Continued Mr Warren informed the Board that he has helped many people in the area with repairs to their cars , including Connie and Ken Capps Commissioner Carver clarified that he does not want the operation to turn into an auto repair business for profit ; however , he understood that Mr Warren would like to help his neighbors or friends with repairs At the inquiry of Chairman Pope , Mr Warren requested the Board to allow the two cargo boxes in order to store items out of the weather and free up space in the shop Mr Warren stated the fence would be all steel and would be consistent with the look of his building Mr Warren noted he would prefer to install a 6 ft fence , but would install the 8 ft fence , if the Board required it Commissioner Stewart indicated there is a possibility , that if the Board approves the request , a fence and a landscaping buffer may be required Mr Warren stated he would like to install a fence flush from the side of his building , down the ditch bank and he did not believe there would be adequate room for a landscaping buffer Mr Warren stated the ditch is completely within his property line Commissioner Stewart inquired about the property owner on the other side of Mr Warren Mr Warren reported that the property owner on the other side of him was supposed to have attended the meeting ; however , Mr Warren reported they have no problem with the proposed uses Ms Capps stated she would like to clarify that the entire ditch does not belong to Mr Warren , according to a survey that she had prepared Mr Gray reported based on the request not meeting the findings of facts , the Planning Board recommended denial of the special use application for case 08 - 26 Mr Gray reminded the Board that as with past cases , the Board does have options regarding buffer requirements , if the request is approved He noted that the Design Manual does call for some vegetative screening in addition to the fence Commissioner Stewart expressed concern with planting Leyland Cypress trees close to a fence , indicating that once they begin to grow , they can push against the fence Mr Gray stated staff would recommend the trees be planted five feet apart and that the trees may need to be placed further away from the fence to accommodate future growth There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 26 Further Discussion by the Board Commissioner Jeffrey P Carver stated if the Board approves the request , issues regarding the fence , landscaping , and automotive repair for hire needed to be addressed Commissioner Carver noted the property does not need to become a salvage yard Commissioner Allen L Mims , Jr stated he would agree with waiving the fence and buffer requirement on the Jerry Holloman property line ; however , he felt that an 8 ft fence installed down both sides and along the front of the property with a traditional fencing material is needed Commissioner Mims noted some type of vegetation can be used to soften the look of the fence along each side Commissioner Carver questioned the proposed special use condition regarding the 24 - hours per day operation Mr Gray stated staff recommended the 24 - hour per day operation condition since the site is intended for personal use He noted this does not mean a business would be allowed to operate Commissioner Carver stated the proposed special condition regarding signage should be removed since the site will not be used for business He also noted he does not see the need for portable storage units Commissioner Tony Braswell stated that he knows both Ken and Connie Capps as well as Mr Warren Commissioner Braswell noted he hopes that everyone can work together He commented that he understands the concerns by the Capps because the property , under the previous owner , was in disrepair Page0101 October 6 , 2008 – 6 00 pm Continued Decision on Special Use Case 08 - 26 Case 08 - 26 Permit to allow for the operation of an antique auto repair and restoration shop , and to use the existing building shelters for multiple purposes including an office , meeting place for his Car Club , and storage of vehicles and plumbing supplies Applicant also requests approval for the placement of up to two portable storage units outside the building Owner Applicant Charles Franklin Warren II Based on the revised findings of facts , with the addition of special use conditions , Commissioner Jeffrey P Carver moved the Board authorize the Planning Department to issue a special use permit to Owner Applicant Charles Franklin Warren to allow for the operation of an antique auto repair and restoration shop for personal use only , and to use the existing building shelters for multiple purposes including an office , meeting place for his Car Club , and storage of vehicles and plumbing supplies on a 126 acre tract located at 87 Jump Road SR 2321 , Princeton , in Pine Level Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit Revisions are highlighted 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 Will maintain property in a way that will promote health , safety and general welfare Staff The owner will practice safe handling of any automotive fluids , lubricants , etc The use will be screened and buffered 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 This is older construction and building at older date Staff The building has been at the site for several years The proposed use will comply with the standards of Section 14 of the Johnston County Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Value of property will be maintained Staff Landscape buffering requirements and special use conditions , including the erection of an 8 ’ tall opaque fence , 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 This property has been here for about ten years 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 Antique automotive repair , multi - purpose building for office storage meeting place , commercial restoration , 2 cargo box , all for personal use only Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of Operation Seven days a week , 24 hours a day 4 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 5 All lighting must be dark sky and engineered so as not to shine onto adjacent properties 6 Must obtain a driveway permit and comply with any traffic improvements as required by NCDOT If driveway permit already exists , applicant shall contact NCDOT to make any necessary updates 7 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 8 An opaque fence with a height of no less than eight 8 feet shall be erected to screen any open storage of materials from adjacent properties Fence may be made of corrugated metal consistent with the existing building or other material approved by staff and consistent with the Design Manuel , with the framework of the fence to face inside the applicant’s property Fence must remain painted and maintained at all times Landscape vegetation shall be placed on the outside of the fence consisting of any compatible evergreen planted five feet apart Owner shall contact the Johnston County Building Inspections Department to obtain a building permit for the fence 9 The buffer and fence requirement is waived along the Jerry Holloman property line ; however , installation of the fence and buffer must be installed if property changes ownership The Board took a five minute recess Page1102 October 6 , 2008 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 08 - 27 Case 08 - 27 Petition to rezone 10 acre of a 144 acre tract located at 110 Turnipseed Road SR 1717 , Wendell , in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16J02048J Owner Applicant Ronald G Klamer Planning Director Berry Gray stated the petition is to rezone 10 acre of a 144 acre tract located at 110 Turnipseed Road , Wendell , in Wilders Township from Agricultural Residential to General Business - Special Use District He noted there is a special use permit application associated with the request to allow for the operation of a motorcycle repair and sales shop where the motorcycles are purchased at auction , repaired at the shop , and then sold over the internet Mr Gray reported the request is not the result of a violation , but was requested by the applicant in order for him to obtain a dealer’s license from the Department of Motor Vehicles Mr Gray stated the adjacent property is zoned Agricultural Residential and the subject site is located behind the trees and is very well buffered Applicant Ronald Klamer stated he along with his son have been repairing and selling motorcycles for approximately 10 years ; however , they are now reaching a point in their sales that they will require a license Mr Klamer stated all work is performed inside the building and the motorcycles are marketed on Craig’s List or E - Bay Mr Klamer stated his neighbors are all in support Mr Gray reported the Planning Board recommended approval of rezoning case 08 - 27 from Agricultural - Residential to General Business – Special Use District There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 27 Decision on Rezoning Case 08 - 27 Case 08 - 27 Petition to rezone 10 acre of a 144 acre tract located at 110 Turnipseed Road SR 1717 , Wendell , in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16J02048J Owner Applicant Ronald G Klamer Commissioner DeVan Barbour moved the Board approve rezoning case 08 - 27 , to rezone 10 acre of a 144 acre tract located at 110 Turnipseed Road SR 1717 , Wendell , in Wilders Township from Agricultural Residential AR to General 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 - 27 Case 08 - 27 To allow for the operation of a motorcycle repair and sales shop Motorcycles are purchased at auction , repaired at the shop , and then sold over the internet Owner Applicant Ronald G Klamer Those wishing to speak on special use case 08 - 27 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 motorcycle repair and sales shop Motorcycles are purchased at auction , repaired at the shop , and then sold over the internet Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 27 on June 30 , 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 Page2103 October 6 , 2008 – 6 00 pm Continued • 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 August 19 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 27 and made the following recommendations Upon a motion by Mr Letchworth , seconded by Mr Smith and carried unanimously 8 - 0 the Planning Board voted at its August 19 , 2008 meeting to recommend approval of the Special Use Permit request , Case 08 - 27 , 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 Area to be rezoned is surrounded by dense vegetation which will be maintained Area to be maintained and rezoned sets back from the roadway and neighboring homes Staff Mr Klamer will maintain the natural vegetative buffer surrounding the garage The garage has been constructed out of the same materials as the house and looks very nice No public access 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 Development will comply with all code resolutions and regulations Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code Auto repair shops are permitted in the GB district 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Building was designed to mirror existing house maintaining aesthetics and enhancing property value Staff The existing natural vegetation is very dense and will remain in place The garage appears to be residential in nature and is aesthetically pleasing This , along with the special use conditions required by the Boards , 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 It will conform 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 Purchase motorcycles at auction and sell via the internet No public access 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 a Class C buffer along all rezoning lines 3 large trees , 6 small trees , and 16 shrubs 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 Signage shall be limited to a wall sign 8 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 9 There shall be no public access to the site All sales shall be conducted via the telephone and or internet Mr Gray listed and reviewed each of the special use conditions with the Board Mr Gray pointed out that the existing vegetation can be used in lieu of the buffer Commissioner Allen L Mims , Jr inquired about signage Applicant Ronald Klamer stated they will not have a sign at the road He noted that they currently have a small sign posted directly on their building 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 - 27 There being no further comments , the Chairman closed the Special Use Hearing for Case 08 - 27 Decision on Special Use Case 08 - 27 Case 08 - 27 To allow for the operation of a motorcycle repair and sales shop Motorcycles are purchased at auction , repaired at the shop , and then sold over the internet Owner Applicant Ronald G Klamer Page3104 October 6 , 2008 – 6 00 pm Continued 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 Ronald G Klamer to allow for the operation of a motorcycle repair and sales shop in which the motorcycles are purchased at auction , repaired at the shop , and then sold over the internet on 10 acre of a 144 acre tract located at 110 Turnipseed Road SR 1717 , Wendell , in Wilders Township Commissioner Wade M Stewart 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 a Class C buffer along all rezoning lines 3 large trees , 6 small trees , and 16 shrubs 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 Signage shall be limited to a wall sign 8 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 9 There shall be no public access to the site All sales shall be conducted via the telephone and or internet 3 Public Hearing Land Development Code – Stubout Street Signage Amendment Advertised – In The Smithfield Herald – September 24 and October 1 , 2008 The Chairman opened the public hearing Planning Director Berry Gray explained that over the past several years , the Planning Board has seen more stubout streets being extended to serve residential lots He noted that with these extensions , many residents along the streets have expressed concern with the extension and have stated that they were never aware the stubout would be extended Therefore , staff is recommending an ordinance amendment to require signage at the end of the stubout street to notify residents that the street could be extended in the future for additional residential lots Mr Gray reported the Planning Board initiated the amendment and recommends its approval At the inquiry of Chairman Cookie Pope , Mr Gray stated the developer would be responsible for installing the sign There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the amendment to the Code of Ordinances – Land Development Code Section 14 - 226 Access and Circulation , as follows Section 14 - 226 Access and Circulation Add the following text 8 All stubout streets shall be posted with a sign at least 24 ” x 36 ” in area but no greater than 36 ” x 48 ” with a minimum height of 3 ’ and a maximum height of 5 ’ stating the following Road subject to future extension for additional lots 4 Public Hearing Land Development Code – Reverse Frontage Lots Amendment Advertised – In The Smithfield Herald – September 24 and October 1 , 2008 The Chairman opened the public hearing Planning Director Berry Gray reported that at the request of the Planning Board , staff has developed an amendment to improve the quality of life , provide privacy , and maintain the characteristics of the County , as we continue to grow He stated the design of residential developments to create a sense of community along subdivision streets could create lots where the rears of the dwelling units face the main road The proposedPage4105 October 6 , 2008 – 6 00 pm Continued amendment is intended to provide privacy to the home owner , reduce road noise , glare of lights , and reduce the visual impact these developments create on motorist and adjacent developments Mr Gray noted the Planning Board recommended approval of the amendment Mr Gray requested the Board to add the language “ up to ” an 8 foot landscape berm , in the amendment There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved the amendment to the Code of Ordinances – Land Development Code Section 14 - 228 , as follows Add the following Section 14 - 228 a Reverse Frontage Residential Lots For residential developments designed to have the dwelling units face an internal subdivision street and the rear of the dwelling units partially or completely face the external road , the following may be required 1 Landscape area “ A ” with the use of up to an 8 foot landscape berm , decorative wall , or opaque fence ; excluding a wooden fence 2 Landscape area “ B ” with the use of only plant material 3 The natural existing vegetation may be used if the density meets or exceeds the landscape area “ B ” requirements and remains undisturbed b Partial tract subdivision Where the gross land area of a remaining lot in the proposed subdivision is greater than or equal to twice the minimum lot size allowed in the zoning district , the planning director , to ensure future orderly subdivision of lots , and the opening of future streets where needed to serve such potential lots , may require that a sketch plan for the entire tract be submitted for preliminary plat approval 5 Johnston County Tourism Authority Appointments This item was tabled from the 10 00 am meeting Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board reappointed Mary Daniels Boyette and Jessica Meadows , and appointed Robert E Dixon and Crystal Yelverton for three year terms to expire on October 31 , 2011 6 Manager Reports and Comments None 7 Board Reports and Comments None There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 8 40 pm ____________________________ Cookie Pope , Chairman Paula G Woodard , Clerk to the BoardPage