January 2, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 24 Meeting of the Johnston County Board of Commissioners January 2 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , January 2 , 2007 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 , April N Byrd , Clerk to the Board , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk 1 Public Comments Animal Control and Illegal Burning Complaints in Princeton Joan Worley , who resides at 2049 Old Cornwallis Road , Princeton , and Jimmy Tart , who owns property at 128 and 130 Arrowhead Drive , Princeton , addressed the Board with animal control and illegal burning complaints in their neighborhood In response to their concerns , Chairman Cookie Pope instructed County Attorney Mark Payne to work with Mayor Don Rains for a solution to the issues before the next meeting scheduled for February 5 , 2007 2 Public Hearing - Jordan - Narron Road Realignment Advertised December 19 , 26 , 2006 The Smithfield Herald The Chairman opened the public hearing , and stated this is a request to realign Jordan - Narron Road , SR 1735 , in the Wilders Township at Flowers Plantation This would involve the abandonment of approximately 1633 lf of the existing Jordan - Narron Road that is closest to Buffalo Road , and an addition to the State Maintenance System of the new portion of the road The Preliminary Plat has been available for public viewing in the Clerk to the Board’s Office Curk Lane with True Line Surveying stated that he is representing Riverdell Development Company who is requesting the Board approve the realignment He referred to a schematic drawing of the realignment plan , and reiterated the project would include the abandonment of approximately 1633 lf of the existing Jordan - Narron Road that is closest to Buffalo Road , and an addition of approximately 1700 lf to the State Maintenance System of the new portion of the road The purpose of the realignment is to align the traffic along Jordan - Narron Road to intersect with Buffalo Road at a higher density intersection , and keep staggered intersections from occurring along Buffalo Road Commissioner Allen L Mims , Jr asked if other properties along Jordan - Narron Road , besides those owned by Ms Flowers , would be involved in the project Mr Lane responded Ms Flowers owns all the property that would be affected by the realignment There being no further comments , the Chairman closed the public hearing Commissioner Tony Braswell moved the Board concur with the request to realign Jordan - Narron Road , SR 1735 , in the Wilders Township at Flowers Plantation , abandon approximately 1633 lf of the existing Jordan - Narron Road that is closest to Buffalo Road , and add to the State Maintenance System the new portion of the road Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote 3 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – December 19 , 26 , 2006 Certified letters were mailed to adjoining property owners on December 21 , 2006 Notices were posted at the locations on August 1 , 2006 for Case 05 - 7 , and November 6 , 2006 for Cases 06 - 31 , 6 - 33 , 6 - 34 , 6 - 35 , 6 - 37 , and 6 - 38 The Chairman opened the Rezoning Hearing for Case 05 - 7 Case 05 - 7 Petition to rezone 410 acres of a 3348 acre tract located on Stephenson Road SR 1322 approximately ¼ of a mile east of its intersection with Zack’s Mill Road SR 1319 in Pleasant Grove Township , from Agricultural - Residential AR 42 acres and Community BusinessPage25 January 2 , 2007 - 6 00 pm Continued Special Use District 368 acres to General Business - Special Use District GB - SUD Tax ID 13D04096 Applicant CAG Farms Inc Owner Albert & Lane Gregory Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 410 acres of a 3348 acre tract located on Stephenson Road SR 1322 approximately ¼ of a mile east of its intersection with Zack’s Mill Road SR 1319 , in the Pleasant Grove Township , from Agricultural - Residential AR 42 acres and Community Business Special Use District 368 acres to General Business - Special Use District GB - SUD Currently , a small part of the property is zoned Community Business Special Use District for the operation of an auction house The Applicant is requesting General Business - Special Use District so that the auction operation can expand to an existing restaurant building , and to include a shelter that will be used as part of the business as well Lane Gregory , 2246 Stephenson Road , Angier , requested the Board approve the rezoning request to allow the auction business to expand He explained the restaurant is no longer open , and he would like to use the building and shelter mentioned by Mr Gray as part of the auction operation Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 05 - 7 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 7 Decision on Rezoning Case 05 - 7 Case 05 - 7 Petition to rezone 410 acres of a 3348 acre tract located on Stephenson Road SR 1322 approximately ¼ of a mile east of its intersection with Zack’s Mill Road SR 1319 in Pleasant Grove Township , from Agricultural - Residential AR 42 acres and Community Business Special Use District 368 acres to General Business - Special Use District GB - SUD Tax ID 13D04096 Applicant CAG Farms Inc Owner Albert & Lane Gregory Commissioner DeVan Barbour moved the Board approve rezoning case 05 - 7 , to rezone 410 acres of a 3348 acre tract located on Stephenson Road SR 1322 approximately ¼ of a mile east of its intersection with Zack’s Mill Road SR 1319 , in the Pleasant Grove Township , from Agricultural - Residential AR 42 acres and Community Business Special Use District 368 acres to General Business - Special Use District GB - SUD Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 7 Case 05 - 7 Application to modify a Special Use Permit for the auction gallery Applicant wishes to expand original acreage of 368 acres zoned for the auction gallery to include the old restaurant space Rezoning and modification would total 410 acres of the 3348 acre tract for the use of an auction gallery Those wishing to speak on Special Use Case 05 - 7 were sworn in by the Clerk to the Board Assistant Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to modify a Special Use Permit for the auction gallery The Applicant wishes to expand original acreage of 368 acres zoned for the auction gallery to include the old restaurant space and a shelter The rezoning and modification would total 410 acres of the 3348 acre tract for the use of an auction gallery He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 7 on October 25 , 2006 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 Page26 January 2 , 2007 - 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 November 21 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 7 and made the following recommendations Upon a motion by Mr Byrd , seconded by Mr Johnson , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 7 , based on and subject to the following Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The existing buildings will be used in the daily auction operations , to maintain and promote the public health safety and general welfare Staff Rezoning property to General Business Special Use District with conditions and upgrading shelter to commercial code requirements will maintain the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The existing buildings and auction operations will comply and meet all legal county regulations Staff With the presence of General Business zoning to the north and east of the property , this development will continue to fit well and serve those residents located in the rural residential neighborhood Increasing the intensity of the zoning district to General Business Zoning District will require additional screening and to buffer neighboring properties 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 existing buildings and auction operations will maintain or enhance the value of contiguous property as well as promote the public health , safety , and general welfare Staff This rezoning from the CB - SUD to GB - SUD will not change the scope of the use auction house and in conjunction with the current GB zoning districts near by and the nearness of the Interstate Highway Interchange District ; this suggests that the proposed Rezoning and modification of the SUP would be compatible with the neighborhood and the Land Development Code 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 zoning will meet zoning requirements of Johnston County , for a commercial business has been for the past 20 years Staff The development of the site will conform to all applicable Land Development Code requirements 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 Buffer Maintain existing vegetation 4 Operation hours Monday thru Saturday , 9 00 am – 9 00 pm 5 Signage Incorporate into existing sign 6 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 7 Any lighting features will have to be included in the detailed site plan provided to staff 8 Shelter must be upgraded to commercial codes prior to issuing or recording the Special Use Permit 9 Any open storage must be enclosed within an eight foot opaque fence 10 Shelter will be solely used for loading unloading and storage of auction goods ; no sales , auctions , or other such events shall take place in this building Mr Gray noted there is an existing shelter on the property that is being used as part of the business Under the current building code , the shelter , which is open on all four sides , can be used as a storage shelter , and brought up to commercial standards with some minor modifications Conditions # 8 , # 9 , and # 10 reflect the Planning Board’s recommendation regarding the shelter Commissioner Wade M Stewart asked what types of measures would need to be taken by the Applicant to bring the shelter up to code to allow for auctions Mr Gray responded the shelter would need to have either a fire wall if it is less than 12,000 sq ft or a sprinkler system if it is over 12,000 sq ft He noted the Applicant met with Building Inspections on the item , and might have more information on these requirements Lane Gregory , 2246 Stephenson Road , Angier , asked the Board to approve the hours of operation in the original special use permit , which were Monday thru Sunday , 8 00 am to 10 00 pm The hours of operation as recommended by the Planning Board are Monday thru Saturday , 9 00 am to 9 00 pm He stated that he did not see the need for the eight foot opaque fence as mentioned in condition # 9 because the property is located a considerable distance from Stephenson Road and a security fence is already in place Mr Gregory noted that hePage27 January 2 , 2007 - 6 00 pm Continued has worked with Dean Barbour from the County Building Inspections department and Engineer Larry Massengill on what it would take to bring the shelter up to the standards required to permit auctions He requested the Board modify the wording of condition # 10 to allow auctions under the shelter if the establishment is brought up to commercial standards In response to a question from Commissioner Cookie Pope , Mr Gregory stated the nearest residence to the auction operation is approximately 1500 ft In response to a question from Commissioner Tony Braswell , Mr Gregory commented the opaque fence would serve no useful purpose if he decides to use the shelter for auction purposes He reiterated there is already a perimeter fence in place , and expressed concern the opaque fence might cause a safety hazard if something were to happen and people needed to evacuate the building Mr Gray added the opaque fence requirement is a standard condition recommended by staff and the Planning Board for open storage He noted the condition could be modified , if the Commissioners chose to do so Albert Gregory , 4009 Abattoir Road , Angier , stated that he agrees with his son Lane regarding the opaque fence He commented that they do not have any items on the property to be ashamed of , and the operation is neat and attractive Mr Gray noted the Planning Board recommended approval of the special use request for Case 05 - 7 In regards to the hours of operation , he stated that staff has no problem with these remaining Monday thru Sunday , 8 00 am to 10 00 pm , as conditioned in the original permit Also , staff has no problem with the Commissioners modifying the conditions regarding the shelter and opaque fence , since a vegetative buffer is not required and the impact to neighboring properties is minimal In response to a question from Commissioner Stewart , Mr Payne stated the Board can modify condition # 10 to allow auctions under the shelter after it is brought up to commercial building code and a valid permit is issued by Building Inspections There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 7 Decision on Special Use Case 05 - 7 Case 05 - 7 Application to modify a Special Use Permit for the auction gallery Applicant wishes to expand original acreage of 368 acres zoned for the auction gallery to include the old restaurant space Rezoning and modification would total 410 acres of the 3348 acre tract for the use of an auction gallery Based on the following findings of fact with revised special conditions attached , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to Applicant CAG Farms Inc and Owners Albert & Lane Gregory to modify a Special Use Permit for the auction gallery located on Stephenson Road SR 1322 approximately ¼ of a mile east of its intersection with Zack’s Mill Road SR 1319 , in the Pleasant Grove Township Commissioner DeVan Barbour seconded the motion Discussion Commissioner Allen L Mims , Jr stated he does not have a problem with eliminating the opaque fence requirement as long as the existing vegetative buffer is maintained He expressed concern that the buffer might be cleared in the future Commissioner Mims further expressed concern that the Applicant asked for several changes to the special conditions at tonight’s meeting , which , in his opinion , should have been reviewed by the Planning Board before they made their recommendation to the Commissioners Vote The above motion carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The existing buildings will be used in the daily auction operations , to maintain and promote the public health safety and general welfare Rezoning property to General Business Special Use District withPagePage pageNumber528 January 2 , 2007 - 6 00 pm Continued conditions and upgrading shelter to commercial code requirements will maintain the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The existing buildings and auction operations will comply and meet all legal county regulations With the presence of General Business zoning to the north and east of the property , this development will continue to fit well and serve those residents located in the rural residential neighborhood Increasing the intensity of the zoning district to General Business Zoning District will require additional screening and to buffer neighboring properties 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The existing buildings and auction operations will maintain or enhance the value of contiguous property as well as promote the public health , safety , and general welfare This rezoning from the CB - SUD to GB - SUD will not change the scope of the use auction house and in conjunction with the current GB zoning districts near by and the nearness of the Interstate Highway Interchange District ; this suggests that the proposed Rezoning and modification of the SUP would be compatible with the neighborhood and the Land Development Code 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners This zoning will meet zoning requirements of Johnston County , for a commercial business has been for the past 20 years The development of the site will conform to all applicable Land Development Code requirements 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 Buffer Maintain existing vegetation 4 Operation hours Monday thru Sunday , 8 00 am – 10 00 pm 5 Signage Incorporate into existing sign 6 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 7 Any lighting features will have to be included in the detailed site plan provided to staff 8 Shelter must be upgraded to commercial codes prior to issuing or recording the Special Use Permit 9 Shelter will be solely used for loading unloading and storage of auction goods ; no sales , auctions , or other such events shall take place in this building until or unless the shelter meets Commercial Building Code and a valid permit is issued by Building Inspections Due to the similar nature and locations , the Chairman reopened the Rezoning Hearing for Cases 06 - 31 , 6 - 33 , 6 - 34 , and 6 - 35 Case 06 - 31 Petition to rezone 64 acres from Agricultural - Residential District AR to General Business District GB located at the intersection of Mt Pleasant Road SR 1533 and NC 50 North in Pleasant Grove Township Tax ID 13M99008J Applicant Son Lan Development Owners Son Lan Development Case 6 - 33 Petition to rezone one acre from Agricultural - Residential District AR to General Business District GB located on Mt Pleasant Road SR 1533 approximately 500 feet southwest of its intersection with NC 50 North in Pleasant Grove Township Tax ID 13M99008H Applicant Son Lan Development Owners Son Lan Development Case 6 - 34 Petition to rezone 56 acres from Agricultural - Residential District AR to General Business District GB located on Mt Pleasant Road SR 1533 approximately 400 feet southwest of its intersection with NC 50 North in Pleasant Grove Township Tax ID 13M99007E Applicant Son Lan Development Owners Son Lan Development Case 6 - 35 Petition to rezone five acres from Agricultural - Residential District AR to General Business District GB located on NC 50 North just south of its intersection with Mt Pleasant Road SR 1533 in Pleasant Grove Township Tax ID 13D02014B Applicant Son Lan Development Owners Victor Edsel Penny Berry Gray , Assistant Planning and Zoning Director , identified the properties on the GIS map He noted the requests are all adjacent to each other , and located at the intersection of Mt Pleasant Road and NC 50PagePage pageNumber629 January 2 , 2007 - 6 00 pm Continued North The Applicant is the same in all the cases , and owns three of the four properties Mr Gray pointed out Applicant requested rezoning to General Business District , however , the Planning Board recommended the Commissioners rezone the properties to General Business – Special Use District , with the specific uses to come back to the Planning Board for review and recommendation at a later date Sonny Johnson , representing Son - Lan Development , stated the company does own three of the properties , and the remaining property is under contract Plans are to develop all four properties under one master plan Son - Lan has spoken with NC DOT regarding driveway accesses to the development , and the intersection of Mt Pleasant Road and NC 50 He requested the Board rezone the property to General Business District , rather than General Business – Special Use District as recommended by the Planning Board Mr Johnson emphasized the property will be more difficult to lease with the special use zoning because he would not be able to inform interested people about what types of uses are allowed Commissioner Allen L Mims , Jr noted that some members of the Planning Board had a problem with the straight rezoning to General Business because they felt some things in this district would not be appropriate for the area With the special use district , the Board could condition the permit on specific uses In response to a question from Commissioner Wade M Stewart , Mr Gray stated that staff’s recommendation is for denial of the request for straight rezoning to General Business He noted this is the most intensive type of development , and the special use district allows staff and both boards to look at individual issues Commissioner Mims commented that there was considerable discussion at the Planning Board meeting about driveways and intersections Mr Johnson reiterated the traffic issues have been addressed with DOT , and District Engineer Tim Little confirmed improvements will not be necessary Mr Johnson emphasized if the Commissioners want Son - Lan to make traffic improvements , they will do so In response to a question from Commissioner Mims , Mr Johnson stated his company anticipates selling some of the property for a possible Dollar General and convenience store gas station , and leasing the remaining property Commissioner Mims suggested Son - Lan put all the parcels together with a master plan , and submit one special use permit request Commissioner Jeffrey P Carver commented that regardless of who owns the property , the zoning district approved by the Commissioners goes with land He stated , in his opinion , any decision made by the Commissioners should take into account the opinions and concerns of surrounding property owners Robert S Stephenson , Sr , 196 Mt Pleasant Road , Willow Springs , stated no objection to the rezoning request , however he was concerned about increased traffic the development will generate along Mt Pleasant Road James Askew stated that he has lived at 116 Fox Glenn Court , Willow Springs for seven years He expressed opposition to the rezoning request , and addressed numerous concerns including stormwater runoff that , in his opinion , based on the topography of the land will run directly into Milton Pond located in his subdivision Mr Askew noted the dam of the pond was rebuilt a few years ago at a substantial cost to the five neighbors who share the pond He also listed other concerns such as groundwater contamination , traffic accidents , crime , and light pollution James Williams , 112 Fox Glenn Court , Willow Springs , neighbor of Mr Askew , further elaborated on the stormwater runoff and groundwater contamination concerns Michael Stancil , 169 Mt Pleasant Road , Willow Springs , expressed opposition to a convenience store locating on the property , and reiterated the contamination concern John Finger , 119 Mt Pleasant Road , Willow Springs , asked the Board to take a close look at the rezoning request , specifically the size of the parcels and what types of businesses the Applicant could place at the site Mr Gray noted the Planning Board recommended the Commissioners rezone the properties to General Business – Special Use District , with the specific uses to come back to the Planning Board for review and recommendation at a later date PagePage pageNumber730 January 2 , 2007 - 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Cases 06 - 31 , 6 - 33 , 6 - 34 , and 6 - 35 Decision on Rezoning Cases 06 - 31 , 6 - 33 , 6 - 34 , and 6 - 35 Case 06 - 31 Petition to rezone 64 acres from Agricultural - Residential District AR to General Business District GB located at the intersection of Mt Pleasant Road SR 1533 and NC 50 North in Pleasant Grove Township Tax ID 13M99008J Applicant Son Lan Development Owners Son Lan Development Case 6 - 33 Petition to rezone one acre from Agricultural - Residential District AR to General Business District GB located on Mt Pleasant Road SR 1533 approximately 500 feet southwest of its intersection with NC 50 North in Pleasant Grove Township Tax ID 13M99008H Applicant Son Lan Development Owners Son Lan Development Case 6 - 34 Petition to rezone 56 acres from Agricultural - Residential District AR to General Business District GB located on Mt Pleasant Road SR 1533 approximately 400 feet southwest of its intersection with NC 50 North in Pleasant Grove Township Tax ID 13M99007E Applicant Son Lan Development Owners Son Lan Development Case 6 - 35 Petition to rezone five acres from Agricultural - Residential District AR to General Business District GB located on NC 50 North just south of its intersection with Mt Pleasant Road SR 1533 in Pleasant Grove Township Tax ID 13D02014B Applicant Son Lan Development Owners Victor Edsel Penny First Motion Commissioner Allen L Mims , Jr moved the Board approve Cases 06 - 31 , 6 - 33 , 6 - 34 , and 6 - 35 to rezone as General Business – Special Use District GB - SUD , with the specific uses to come back to the Planning Board and Commissioners for approval Discussion At the request of Commissioner Jeffrey P Carver , Mr Gray listed the acceptable uses in the Community Business District The motion made by Commissioner Mims failed to receive a second Commissioner Tony Braswell stated the he respects the concerns expressed by the nearby property owners , and also understand the Applicant’s reluctance to have the property zoned as General Business – Special Use District He commented that Community Business District might be an option the Board should consider Commissioner Mims stated , in his opinion , the Board should not be looking at rezoning cases as a speculative matter to help improve the sale of property , and it is the applicant’s responsibility to prove a need for the proposed use in the particular area Second Motion Commissioner Jeffrey P Carver moved the Board approve Cases 06 - 31 , 6 - 33 , 6 - 34 , and 6 - 35 to rezone as General Business – Special Use District GB - SUD , with the specific uses to come back to the Planning Board and Commissioners for approval Commissioner Allen L Mims , Jr seconded the motion Discussion Commissioner Wade M Stewart stated that he appreciates the neighbors ’ comments , and understands that they have a vested interest in the neighborhood He also appreciates Son - Lan Development trying to develop appropriately in the county , however , Commissioner Stewart expressed concern regarding the traffic congestion on Mt Pleasant Road and Highway 50 In his opinion , traffic improvements may not take place unless the Board approves the special use district designation Commissioner W Ray Woodall agreed with Commissioner Stewart PagePage pageNumber831 January 2 , 2007 - 6 00 pm Continued Vote The motion to rezone Cases 06 - 31 , 6 - 33 , 6 - 34 , and 6 - 35 to General Business – Special Use District GB - SUD , with the specific uses to come back to the Planning Board and Commissioners for approval carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , and Jeffrey P Carver Nays Commissioners DeVan Barbour and Tony Braswell The Chairman reopened the Rezoning Hearing for Case 06 - 37 Case 06 - 37 Petition to rezone 1789 acres from Agricultural - Residential District AR to Community Business District CB located on NC 50 North approximately ¼ of a mile south of its intersection with NC 210 in Pleasant Grove Township Tax ID 13D04064G Applicant MHB Development , LLC Owners MHB Development , LLC Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 1789 acres from Agricultural - Residential District AR to Community Business District CB located on NC 50 North approximately ¼ of a mile south of its intersection with NC 210 in the Pleasant Grove Township McGee’s Crossroads Elementary and Middle Schools are located directly across from the subject property , and several General Business and Community Business zoned properties are located to the north , including a CVS pharmacy Applicant Owner Mike Morrison , 2084 Stokes Drive , Clayton , requested the Board approve the rezoning request He noted that he is developing a subdivision behind the subject property Mr Morrison assured the Board that he is taking every measure necessary to create a nice community , and would like the opportunity to provide some commercial business to new residents in the area In response to a question from Commissioner Wade M Stewart , Mr Morrison stated he will do nothing to negatively affect the subdivision Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 37 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 37 Decision on Rezoning Case 06 - 37 Case 06 - 37 Petition to rezone 1789 acres from Agricultural - Residential District AR to Community Business District CB located on NC 50 North approximately ¼ of a mile south of its intersection with NC 210 in Pleasant Grove Township Tax ID 13D04064G Applicant MHB Development , LLC Owners MHB Development , LLC Commissioner Wade M Stewart moved the Board approve rezoning case 06 - 37 , to rezone 1789 acres from Agricultural - Residential District AR to Community Business District CB located on NC 50 North approximately ¼ of a mile south of its intersection with NC 210 in the Pleasant Grove Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 06 - 38 Case 06 - 38 Petition to rezone 647 acres from Industrial 1 District I1 to Industrial 2 Special Use District I2 - SUD located at 151 Uzzle Industrial Drive , which is located just south of US 70 in Wilson’s Mills Township Tax ID 17J07006R Applicant Manuel & Vicki Lynn Ruiz Owners Manuel & Vicki Lynn Ruiz Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 647 acres from Industrial 1 District I1 to Industrial 2 Special Use District I2 - SUD located at 151 Uzzle Industrial Drive , which is located just south of US 70 in the Wilson’s Mills Township The subject property is located within Uzzle Industrial Park , which is zoned Industrial , however , County Ordinance requires rezoning to Industrial 2 Special Use District for the accompanying special use request for a transfer facility The surrounding zone includes Industrial 1 and Industrial 2 Special Use District , specifically for an asphalt mix plant for ST Wooten PagePage pageNumber932 January 2 , 2007 - 6 00 pm Continued Applicant Owner Manny Ruiz , 233 Windsor Green Drive , Clayton , requested the Board approve the rezoning and accompanying special use requests He has been in the transfer facility profession for 18 years , and currently co - owns an industrial dumpster business in Raleigh Mr Ruiz emphasized the proposed business in Johnston County is completely different , and will keep recyclable material out of the landfill Jim Uzzle , 144 Uzzle Industrial Drive , Clayton , stated that he and his son’s residences are the only two homes near the subject property He commented they have no problem with what Mr Ruiz’s rezoning and special use requests Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 38 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 38 Decision on Rezoning Case 06 - 38 Case 06 - 38 Petition to rezone 647 acres from Industrial 1 District I1 to Industrial 2 Special Use District I2 - SUD located at 151 Uzzle Industrial Drive , which is located just south of US 70 in Wilson’s Mills Township Tax ID 17J07006R Applicant Manuel & Vicki Lynn Ruiz Owners Manuel & Vicki Lynn Ruiz Commissioner Jeffrey P Carver moved the Board approve rezoning case 06 - 38 , to rezone 647 acres from Industrial 1 District I1 to Industrial 2 Special Use District I2 - SUD located at 151 Uzzle Industrial Drive , which located just south of US 70 in the Wilson’s Mills Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 06 - 38 Case 06 - 38 Application to allow for the operation of a transfer facility sorting station for construction demolition Applicant Manuel & Vicki Lynn Ruiz Owners Manuel & Vicki Lynn Ruiz Those wishing to speak on Special Use Case 06 - 38 were sworn in by the Clerk to the Board Assistant Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to allow for the operation of a transfer facility , ie a sorting station for construction demolition He introduced the following summary of evidence into the record , and specifically pointed out conditions 4 , 5 , 7 , and 8 A pre - application consultation was held with the applicant for Case 06 - 38 on September 28 , 2006 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 November 21 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 38 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Browder , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 06 - 38 , based on and subject to the following Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant It is the intent of the applicant to operate an environmentally responsible transfer facility sorting station for construction debris demolition with the specific purpose of recycling , reclaiming and re - use of wood , cardboard , metal and other recyclable materials generated by construction and demolition The materials accepted at this facility will be limited to wood products treated , painted and clean wood , cardboard , metal ,Page033 January 2 , 2007 - 6 00 pm Continued aluminum , and inert soil debris The facility will meet the operational requirements of NC Division of Waste Management Rule 0402 The operation will be contained within chain link fenced area measuring not less than 8 ” in height Accepted materials will be off - loaded at a Central Deposit Area measuring 100x100 The Central Deposit Area is a raised and covered concrete pad where materials will be sorted by category and placed in construction debris containers 8x16 min 4 ton capacity Three sides of Central Deposit Area , to be protected by Catch Fencing not less than 8 ’ in height to contain wind blown items As capacity is reached by each container it will be transported to the respective repository by contract or agreement The operational plan of this facility dictates that materials be sorted and transferred off site in an expeditious manner , to insure that facility maintains adequate receiving space and limit the overall amount of material on site at any given time The facility will not accept materials or waste that include , but not limited to animal , animal waste , asbestos , contaminated soil , household garbage , commercial waste , liquids , chemicals or any material that may require special handling Rule 0402 requires an emergency plan for unacceptable materials found in debris It is the belief of the applicant that the operation of this facility would promote an environmental responsible attitude by recycling and reusing materials that would otherwise go directly into landfills and thereby helps to promote the general welfare The facility is to operate under and permit granted by The NC Division of Waste Management and must meet local development code and ordinance requirements prior to state approval The requested re - zoning is allowed under Sec 14 - 82 c 3 and is in keeping with the general industrial nature of the area and will provide a local alternative to Johnston County business seeking to be environmentally friendly It will reduce travel time for business already using this method of disposal thus keeping local dollars home A facility of this type will augment the local government solid waste message to Reduce , Reuse and Recycle thereby reducing waste stream Staff All state waste management requirements including environmental concerns will be addressed and enforced by the State as to operate in a safe manner to promote the public’s 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 It is the intent of the applicant to operate an environmentally responsible transfer facility sorting station for construction debris demolition with the specific purpose of recycling , reclaiming and re - use of wood , cardboard , metal and other recyclable materials generated by construction and demolition The materials accepted at this facility will be limited to wood products treated , painted and clean wood , cardboard , metal , aluminum , and inert soil debris The facility will meet the operational requirements of NC Division of Waste Management Rule 0402 The operation will be contained within chain link fenced area measuring not less than 8 ” in height Accepted materials will be off - loaded at a Central Deposit Area measuring 100x100 The Central Deposit Area is a raised and covered concrete pad where materials will be sorted by category and placed in construction debris containers 8x16 min 4 ton capacity Three sides of Central Deposit Area , to be protected by Catch Fencing not less than 8 ’ in height to contain wind blown items As capacity is reached by each container it will be transported to the respective repository by contract or agreement The operational plan of this facility dictates that materials be sorted and transferred off site in an expeditious manner , to insure that facility maintains adequate receiving space and limit the overall amount of material on site at any given time The facility will not accept materials or waste that include , but not limited to animal , animal waste , asbestos , contaminated soil , household garbage , commercial waste , liquids , chemicals or any material that may require special handling Rule 0402 requires an emergency plan for unacceptable materials found in debris It is the belief of the applicant that the operation of this facility would promote an environmental responsible attitude by recycling and reusing materials that would otherwise go directly into landfills and thereby helps to promote the general welfare The facility is to operate under and permit granted by The NC Division of Waste Management and must meet local development code and ordinance requirements prior to state approval The requested re - zoning is allowed under Sec 14 - 82 c 3 and is in keeping with the general industrial nature of the area and will provide a local alternative to Johnston County business seeking to be environmentally friendly It will reduce travel time for business already using this method of disposal thus keeping local dollars home A facility of this type will augment the local government solid waste message to Reduce , Reuse and Recycle thereby reducing waste stream Staff Rezoning and proposed use would keep with the intent of the Industrial - 2 zoning district by providing for public and private heavy industrial use Appropriate measures will be taken and required by the state to minimize any emissions of smoke , dust , fumes , noise , and vibrations resulting from such industrial activities Landscaping buffers will be required at all property lines 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 It is the intent of the applicant to operate an environmentally responsible transfer facility sorting station for construction debris demolition with the specific purpose of recycling , reclaiming and re - use of wood , cardboard , metal and other recyclable materials generated by construction and demolition The materials accepted at this facility will be limited to wood products treated , painted and clean wood , cardboard , metal , aluminum , and inert soil debris The facility will meet the operational requirements of NC Division of Waste Management Rule 0402 The operation will be contained within chain link fenced area measuring not less than 8 ” in height Accepted materials will be off - loaded at a Central Deposit Area measuring 100x100 The Central Deposit Area is a raised and covered concrete pad where materials will be sorted by category and placed in construction debris containers 8x16 min 4 ton capacity Three sides of Central Deposit Area , to be protected by Catch Fencing not less than 8 ’ in height to contain wind blown items As capacity is reached by each container it will be transported to the respective repository by contract or agreement The operational plan of this facility dictates thatPage134 January 2 , 2007 - 6 00 pm Continued materials be sorted and transferred off site in an expeditious manner , to insure that facility maintains adequate receiving space and limit the overall amount of material on site at any given time The facility will not accept materials or waste that include , but not limited to animal , animal waste , asbestos , contaminated soil , household garbage , commercial waste , liquids , chemicals or any material that may require special handling Rule 0402 requires an emergency plan for unacceptable materials found in debris It is the belief of the applicant that the operation of this facility would promote an environmental responsible attitude by recycling and reusing materials that would otherwise go directly into landfills and thereby helps to promote the general welfare The facility is to operate under and permit granted by The NC Division of Waste Management and must meet local development code and ordinance requirements prior to state approval The requested re - zoning is allowed under Sec 14 - 82 c 3 and is in keeping with the general industrial nature of the area and will provide a local alternative to Johnston County business seeking to be environmentally friendly It will reduce travel time for business already using this method of disposal thus keeping local dollars home A facility of this type will augment the local government solid waste message to Reduce , Reuse and Recycle thereby reducing waste stream Staff All parcels in this subdivision are either zoned I - 1 or I - 2 This development can also be seen as a public necessity as the nearest C & D collection site is approximately 9 miles away at the Town of Smithfield’s transfer station or 11 miles away at the Country Home Road C & D landfill site Appropriate landscape requirements will be enforced along rezoning lines to buffer from differing uses 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 is the intent of the applicant to operate an environmentally responsible transfer facility sorting station for construction debris demolition with the specific purpose of recycling , reclaiming and re - use of wood , cardboard , metal and other recyclable materials generated by construction and demolition The materials accepted at this facility will be limited to wood products treated , painted and clean wood , cardboard , metal , aluminum , and inert soil debris The facility will meet the operational requirements of NC Division of Waste Management Rule 0402 The operation will be contained within chain link fenced area measuring not less than 8 ” in height Accepted materials will be off - loaded at a Central Deposit Area measuring 100x100 The Central Deposit Area is a raised and covered concrete pad where materials will be sorted by category and placed in construction debris containers 8x16 min 4 ton capacity Three sides of Central Deposit Area , to be protected by Catch Fencing not less than 8 ’ in height to contain wind blown items As capacity is reached by each container it will be transported to the respective repository by contract or agreement The operational plan of this facility dictates that materials be sorted and transferred off site in an expeditious manner , to insure that facility maintains adequate receiving space and limit the overall amount of material on site at any given time The facility will not accept materials or waste that include , but not limited to animal , animal waste , asbestos , contaminated soil , household garbage , commercial waste , liquids , chemicals or any material that may require special handling Rule 0402 requires an emergency plan for unacceptable materials found in debris It is the belief of the applicant that the operation of this facility would promote an environmental responsible attitude by recycling and reusing materials that would otherwise go directly into landfills and thereby helps to promote the general welfare The facility is to operate under and permit granted by The NC Division of Waste Management and must meet local development code and ordinance requirements prior to state approval The requested re - zoning is allowed under Sec 14 - 82 c 3 and is in keeping with the general industrial nature of the area and will provide a local alternative to Johnston County business seeking to be environmentally friendly It will reduce travel time for business already using this method of disposal thus keeping local dollars home A facility of this type will augment the local government solid waste message to Reduce , Reuse and Recycle thereby reducing waste stream Staff Applicant will conform to all requirement and conditions as required by the Boards and Land Development Code 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 Applicant must submit and meet the operational requirements of NC Division of Waste Management rule 0402 and submit state permit and approval with any conditions to Planning Department 4 Operating Hours 6 am - 6pm Monday - Saturday 5 Only Construction and Demolition C & D debris will be accepted at transfer station No household trash or hazardous waste of any type will be accepted on site 6 Any proposed buildings must meet NC Commercial Building Codes 7 Any open storage must be enclosed in a solid fence or wall of no less than eight feet in height 8 Class B buffer 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet must be installed along northern and southern side property lines , and a Class C buffer 3 large trees , 6 small trees , and 16 shrubs every linear feet required at the eastern side rear property line Existing vegetation , if more intense than requirements , can remain undisturbed and serve as the required buffer Applicant Owner Manny Ruiz , 233 Windsor Green Drive , Clayton , requested the Board modify condition # 8 to require “ catch - screen ” fencing and a buffer around the work area only , which is approximately one acre , versus the entire 647 acres as recommended by the Planning Board In response to a question from Commissioner W Ray Woodall , Mr Gray added the fencing is required around the open storage , and the vegetative buffer is required around the fenced area , parking lot , etc This is required for all commercial site plans Page235 January 2 , 2007 - 6 00 pm Continued Jim Uzzle , 144 Uzzle Industrial Drive , Clayton , stated he has no problem with Mr Ruiz ’ request to modify condition # 8 Ken Cromartie , 4872 Auburn Church Road , Garner , President of Greenworks Engineering Consultants , noted the State permit will require “ catch - screen ” fencing around the actual work area to prevent material from blowing Mr Gray noted the Planning Board recommended approval of the special use request for Case 06 - 38 He stated that staff has no problem with the fencing and buffer around the work area only versus the entire 647 acres There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 38 Decision on Special Use Case 06 - 38 Case 06 - 38 Application to allow for the operation of a transfer facility sorting station for construction demolition Applicant Manuel & Vicki Lynn Ruiz Owners Manuel & Vicki Lynn Ruiz Based on the following findings of fact with revised special conditions attached , DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit to Applicants Owners Manuel & Vicki Lynn Ruiz to allow for the operation of a transfer facility sorting station for construction demolition at 151 Uzzle Industrial Drive in the Wilson’s Mills Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; It is the intent of the applicant to operate an environmentally responsible transfer facility sorting station for construction debris demolition with the specific purpose of recycling , reclaiming and re - use of wood , cardboard , metal and other recyclable materials generated by construction and demolition The materials accepted at this facility will be limited to wood products treated , painted and clean wood , cardboard , metal , aluminum , and inert soil debris The facility will meet the operational requirements of NC Division of Waste Management Rule 0402 The operation will be contained within chain link fenced area measuring not less than 8 ” in height Accepted materials will be off - loaded at a Central Deposit Area measuring 100x100 The Central Deposit Area is a raised and covered concrete pad where materials will be sorted by category and placed in construction debris containers 8x16 min 4 ton capacity Three sides of Central Deposit Area , to be protected by Catch Fencing not less than 8 ’ in height to contain wind blown items As capacity is reached by each container it will be transported to the respective repository by contract or agreement The operational plan of this facility dictates that materials be sorted and transferred off site in an expeditious manner , to insure that facility maintains adequate receiving space and limit the overall amount of material on site at any given time The facility will not accept materials or waste that include , but not limited to animal , animal waste , asbestos , contaminated soil , household garbage , commercial waste , liquids , chemicals or any material that may require special handling Rule 0402 requires an emergency plan for unacceptable materials found in debris The operation of this facility will promote an environmental responsible attitude by recycling and reusing materials that would otherwise go directly into landfills and thereby helps to promote the general welfare The facility is to operate under and permit granted by The NC Division of Waste Management and must meet local development code and ordinance requirements prior to state approval The requested re - zoning is allowed under Sec 14 - 82 c 3 and is in keeping with the general industrial nature of the area and will provide a local alternative to Johnston County business seeking to be environmentally friendly It will reduce travel time for business already using this method of disposal thus keeping local dollars home A facility of this type will augment the local government solid waste message to Reduce , Reuse and Recycle thereby reducing waste stream All state waste management requirements including environmental concerns will be addressed and enforced by the State as to operate in a safe manner to promote the public’s 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 ; It is the intent of the applicant to operate an environmentally responsible transfer facility sorting station for construction debris demolition with the specific purpose of recycling , reclaiming and re - use of wood , cardboard , metal and other recyclable materials generated by construction and demolition The materials accepted at this facility will be limited to wood products treated , painted and clean wood ,Page336 January 2 , 2007 - 6 00 pm Continued cardboard , metal , aluminum , and inert soil debris The facility will meet the operational requirements of NC Division of Waste Management Rule 0402 The operation will be contained within chain link fenced area measuring not less than 8 ” in height Accepted materials will be off - loaded at a Central Deposit Area measuring 100x100 The Central Deposit Area is a raised and covered concrete pad where materials will be sorted by category and placed in construction debris containers 8x16 min 4 ton capacity Three sides of Central Deposit Area , to be protected by Catch Fencing not less than 8 ’ in height to contain wind blown items As capacity is reached by each container it will be transported to the respective repository by contract or agreement The operational plan of this facility dictates that materials be sorted and transferred off site in an expeditious manner , to insure that facility maintains adequate receiving space and limit the overall amount of material on site at any given time The facility will not accept materials or waste that include , but not limited to animal , animal waste , asbestos , contaminated soil , household garbage , commercial waste , liquids , chemicals or any material that may require special handling Rule 0402 requires an emergency plan for unacceptable materials found in debris The operation of this facility will promote an environmental responsible attitude by recycling and reusing materials that would otherwise go directly into landfills and thereby helps to promote the general welfare The facility is to operate under and permit granted by The NC Division of Waste Management and must meet local development code and ordinance requirements prior to state approval The requested re - zoning is allowed under Sec 14 - 82 c 3 and is in keeping with the general industrial nature of the area and will provide a local alternative to Johnston County business seeking to be environmentally friendly It will reduce travel time for business already using this method of disposal thus keeping local dollars home A facility of this type will augment the local government solid waste message to Reduce , Reuse and Recycle thereby reducing waste stream All state waste management requirements including environmental concerns will be addressed and enforced by the State as to operate in a safe manner to promote the public’s health , safety , and general welfare 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 ; It is the intent of the applicant to operate an environmentally responsible transfer facility sorting station for construction debris demolition with the specific purpose of recycling , reclaiming and re - use of wood , cardboard , metal and other recyclable materials generated by construction and demolition The materials accepted at this facility will be limited to wood products treated , painted and clean wood , cardboard , metal , aluminum , and inert soil debris The facility will meet the operational requirements of NC Division of Waste Management Rule 0402 The operation will be contained within chain link fenced area measuring not less than 8 ” in height Accepted materials will be off - loaded at a Central Deposit Area measuring 100x100 The Central Deposit Area is a raised and covered concrete pad where materials will be sorted by category and placed in construction debris containers 8x16 min 4 ton capacity Three sides of Central Deposit Area , to be protected by Catch Fencing not less than 8 ’ in height to contain wind blown items As capacity is reached by each container it will be transported to the respective repository by contract or agreement The operational plan of this facility dictates that materials be sorted and transferred off site in an expeditious manner , to insure that facility maintains adequate receiving space and limit the overall amount of material on site at any given time The facility will not accept materials or waste that include , but not limited to animal , animal waste , asbestos , contaminated soil , household garbage , commercial waste , liquids , chemicals or any material that may require special handling Rule 0402 requires an emergency plan for unacceptable materials found in debris The operation of this facility will promote an environmental responsible attitude by recycling and reusing materials that would otherwise go directly into landfills and thereby helps to promote the general welfare The facility is to operate under and permit granted by The NC Division of Waste Management and must meet local development code and ordinance requirements prior to state approval The requested re - zoning is allowed under Sec 14 - 82 c 3 and is in keeping with the general industrial nature of the area and will provide a local alternative to Johnston County business seeking to be environmentally friendly It will reduce