May 7, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 200 Meeting of the Johnston County Board of Commissioners May 7 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 7 , 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 , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk Chairman Pope called the meeting to order at 6 00 pm , and the following business was transacted 1 Public Comments A Citizen Concern – Town of Clayton Proposed Sewer Line Installation Bonnie Haas , 550 Ryans Lane , Clayton , addressed the Board concerning an issue related to the Town of Clayton proposing to install a sewer line through her property and property belonging to some of her neighbors in order to connect the Clayton system to the Raleigh Wastewater Treatment Plant She is concerned over an eminent domain issue with the Town of Clayton and the possible sewer line project After considerable discussion , Commissioner DeVan Barbour asked Ms Haas had she taken the matter up with the Town Council of Clayton in which Ms Haas replied that she had Ms Haas stated that she is now here before the Johnston County Board of Commissioners to voice her concerns The Board thanked Ms Haas for appearing before them and noted her concerns B Citizen Concern – Stormwater Runoff Issues and Housing Pete Barnes , 2100 Castleberry Road , Clayton , addressed the Board concerning development on Castleberry Road with stormwater runoff problems He informed the Board this property was developed in the late 1980 ’ s and that although attempts have been made to correct the runoff problems , they are not working Mr Barnes felt that if more development occurs , then the problem could become worse Mr Tim Broome , PE – Director of Utilities & Engineering for Johnston County , stated that since the property was developed in the late 1980 ’ s it is not regulated under the stormwater program After considerable discussion , Vice Chairman Wade M Stewart asked Mr Barnes had he taken this issue to anyone else Mr Barnes reported that he has taken this matter to the State , and although has not heard back from them , he has been informed that the State is evaluating the situation Vice Chairman Stewart told Mr Barnes to continue to pursue this issue with the State and come back to the Board if he does not get a resolution Mr Barnes as Chief of the Archer Lodge Fire Department also expressed to the Board his concern related to housing that is being constructed in the area He noted that in one development he believed there to be 50 housing units on approximately 3 ½ acres of land He stated this is a fire hazard in his opinion He has been to the Insurance Commission as well as the Fire Marshall with this concern also The Board thanked Mr Barnes for his appearance and noted his concerns C Citizen Concern – Selma Involuntary Annexation Tony Tetterton , 428 Campground Road , Selma , appeared before the Board and presented a PowerPoint presentation which highlighted his concerns with the Town of Selma’s involuntary annexation The presentation included a petition signed by 169 people which according to Mr Tetterton , were County citizens affected by the Selma annexation Mr Tetterton stated he had asked the County Attorney as well as a 20 year employee with the Attorney General’s office to review his analysis of the annexation report that had been prepared by the Town of Selma Mr Tetterton stated that those individuals had commented there were material flaws within the annexation report The presentation also included concerns regarding the taxation of several properties that would be included in the annexation area as well as corresponding property values Mr Tetterton acknowledged the Board had no jurisdiction over this issue ; however , asked for the Board to review the matter and his concerns The Board thanked Mr Tetterton for his comments D Citizen Concern – Fox TrappingPage201 May 7 , 2007 – 6 00 pm Continued Jim Phillips , 272 Hawkins Road , Selma , came before the Board in opposition to House Bill 1185 which , according to Mr Phillips , allows for fox trapping Mr Phillips stated he represents the Johnston County Houndsmen Club which is a group of hunters who enjoy running hounds for animals such as rabbits , foxes , etc Mr Phillips noted that trapping was dangerous for animals due to traps being set incorrectly as well as children who can become caught in them He stated that the bill has passed in the House , but is currently held in the Senate at the Houndsmen Club’s request Mr Phillips stated that the Board had supported this legislation at one of their past meetings Mr Phillips asked the Board to reconsider this decision of support and contact their legislative delegation to request them to pull the bill from the North Carolina General Assembly’s consideration The Board thanked Mr Phillips for his appearance and would consider his request E Citizen Concern – Litter Problem Gerald Peedin , 346 Woodside Road , Selma , appeared before the Board to express his concern over the litter problem in Johnston County He stated he has lived in Johnston County most of his life ; however , he has traveled extensively to 80 other counties within the State of North Carolina He feels Johnston County has a serious litter problem and would like to see something done to remedy this situation Chairman Cookie Pope reported to Mr Peedin that Commissioners W Ray Woodall and Tony Braswell are spearheading a group to address the litter problem and the group has begun efforts on the cleanup Chairman Pope thanked Mr Peedin for his concerns County Manager Rick Hester asked Mr Peedin to provide his contact information to staff so that he would be notified of future meetings of this group 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – Friday , April 27 , 2007 and Tuesday , May 1 , 2007 Certified letters were mailed to adjoining property owners April 26 , 2007 Notices were posted at the locations on March 7 , 2007 for Cases 07 - 2 ; 07 - 4 ; 07 - 5 ; and 585 The Chairman opened the Rezoning Hearing for Case 07 - 2 Case 07 - 2 Petition to rezone 93 acres from Agricultural Residential Special Use District AR - SUD to General Business Special Use District GB - SUD located at 3547 South Shiloh Road SR th 1526 , which is approximately 1 10 of a mile southeast of its intersection with Cleveland Rd SR 1010 in Cleveland Township Tax ID 06E03007A Applicants Robert & Marjorie Venito Owner Monzery Ayesh Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted that this was a request to rezone 93 acres from Agricultural Residential Special Use District AR - SUD to General Business Special Use District GB - SUD located at 3547 South Shiloh Road SR 1526 , which is th approximately 1 10 of a mile southeast of its intersection with Cleveland Rd SR 1010 in Cleveland Township Mr Gray noted the applicants are Robert & Marjorie Venito and the owner is Monzery Ayesh The applicants are requesting an accompanying special use permit to allow for the operation of a full service automobile center with single automatic car wash Currently , the property is zoned Agriculture Residential Special Use District , which would not allow for the requested use It was rezoned several years ago to a special use district to allow for a daycare that was never built Mr Gray noted the property is surrounded to the southwest by residential developments including Presley Point , Lancaster Place , and Southgate subdivisions ; to the northeast is zoned General Business and under construction for a mini - storage facility ; and to the east is zoned General Business and used for a day care center There are various other small commercial areas located on Cleveland Road ; however , this property would be the only commercial establishment on South Shiloh Road Karen Cooper , 95 Elvis Drive in Presley Point , Cleveland Township , came before the Board to express opposition to the rezoning request Commissioner Allen L Mims , Jr inquired as to whether the applicant was present He stated that if the applicant is not present , then the Commissioners do not usually hear the case Mr Gray noted the Planning Department Staff spoke with the applicant today and he verbally requested to withdraw the case ; however , they were not able to receive the request in writing which is required Commissioner Wade M Stewart instructed Mr Gray to see if the applicant was present , at which Mr Gray determined they were not in attendance Page202 May 7 , 2007 – 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 2 Decision on Rezoning Case 07 - 2 Case 07 - 2 Petition to rezone 93 acres from Agricultural Residential Special Use District AR - SUD to General Business Special Use District GB - SUD located at 3547 South Shiloh Road SR th 1526 , which is approximately 1 10 of a mile southeast of its intersection with Cleveland Rd SR 1010 in Cleveland Township Tax ID 06E03007A Applicants Robert & Marjorie Venito Owner Monzery Ayesh Commissioner Jeffrey P Carver made the motion to table Rezoning Case 07 - 2 to rezone 93 acres from Agricultural Residential Special Use District AR - SUD to General Business Special Use District GB - SUD th located at 3547 South Shiloh Road SR 1526 , which is approximately 1 10 of a mile southeast of its intersection with Cleveland Rd SR 1010 in Cleveland Township along with the Special Use request for thirty days to allow the applicants to come back and present this application If the applicants fail to appear for a second time , the application will be denied The motion was seconded by Commissioner DeVan Barbour and carried by unanimous vote Commissioner Mims asked for a show of hands as to how many were in attendance that was opposed to this request Approximately ten people raised their hands and more were standing in the hall Commissioner Braswell instructed staff to try and reach the applicant to determine their intentions Chairman Pope instructed staff to notify Ms Cooper once word was received from the applicant The Chairman reopened the Rezoning Hearing for Case 07 - 4 Case 07 - 4 Petition to rezone 15424 acres of a 6159 tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D02005 Owner Applicant Son - Lan Development Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this was a request to rezone 15424 acres of a 6159 tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB He stated that the owner applicant is Son - Lan Development He noted this was a straight rezoning with no special use Mr Gray also informed the Board that Creekside Subdivision is located near the back of the area in question and there have been several lots approved for residential development that would tie into Creekside Subdivision , closer to the subject property Chairman Cookie Pope asked for a show of hands of those present in opposition to the rezoning case and approximately eight people raised their hands County Manager Rick Hester also noted there had been some e - mails sent to the County expressing concerns over this case Steve Templeton , 105 Kings Court , Garner , in the Creekside Subdivision , stated he had several concerns about this development , primarily traffic He noted the area in question is up against the Middle Creek Bridge and already traffic there is a limitation He stated that he has not seen any type of traffic or planning study performed to address matters associated with these limitations Further , Mr Templeton is concerned about the precedence this type of development would set and how it would reflect on the existing property values He asked for the Commissioners to deny the rezoning Mr Curk Lane of True Line Surveying , came forward to address the Board as a representative for the applicant , Son - Lan Development Mr Lane stated that Son - Lan Development is proposing a rezoning for general business in this area and they hope to buffer in between this commercial development and the existing residential neighborhood of Creekside with another residential development Mr Lane acknowledged that the traffic at this intersection is a concern and in conjunction with their development plan , they have contacted the North Carolina Department of Transportation with a proposal to realign the intersection of Old Drug Store Road and NC Hwy 50 He stated that the plan is moving forward and he was contacted today by a Department of Transportation subcontractor , Mr Steve Sanderson , to arrange to pick up surveying information concerning the realignment of this intersection Mr Lane noted the intersection of Old Drug Store Road and NC Hwy 50 would be realigned to the north of Middle Creek Bridge He informed the Board that Son - Lan has purchased a triangular shaped parcel at this intersection in order to provide larger visibility and also get the distance requiredPage203 May 7 , 2007 – 6 00 pm Continued for turn lanes and stoplights It is Son - Lan’s hope that this development will provide the residents in the area with community based businesses to decrease traffic by residents not having to travel as far to purchase items they need Commissioner Jeffrey P Carver inquired if there were any recent traffic counts for this intersection , whereupon Mr Lane stated there were not Berry Gray reported that the last counts received were from 2004 and they averaged approximately 11,000 average cars per day on NC Hwy 50 In response to a question from Commissioner Allen L Mims , Jr , Berry Gray reported the area is included in the Capital Area Metropolitan Planning Organization’s plan He stated it does recommend NC 50 as a 100 foot right - of - way with needed improvements to be identified Commissioner Wade M Stewart asked for clarification on the residential buffer in between the commercial and residential area of the existing Creekside homes Mr Lane reported that a residential plan has been approved which would provide this buffer He identified those lots on a map for the Commissioners to see He stated they hope to adjoin all of the Creekside development with homes Mr Lane pointed out the tract currently being considered for rezoning and showed where it was located in conjunction with the commercial development He stated that of the 6159 acre tract , approximately 45 acres would become residential with the remainder being commercial Commissioner Mims asked how many total homes would be in the Creekside development once the residential buffer homes are constructed Berry Gray reported it would be less than 200 In response to a question from Commissioner Stewart concerning sewer service for Creekside , Mr Lane reported that currently the homes in Creekside are not served by a sewer system , but have on - site septic tanks However , he noted the new commercial development would be served by sewer coming up on Old Drug Store Road and the new residential component would be on - site septic tanks Commissioner Mims asked if the last approval on the residential buffer was contingent on traffic having a second way out through the commercial development Mr Lane responded this was correct and it was shown on the preliminary plat maps Commissioner Carver questioned the distance of how far the realignment of the road to the existing Middle Creek Bridge is and the timeline Mr Lane reported that it is approximately 600 feet and he was unsure as to the timeline In response to a question from Commissioner W Ray Woodall asking if the DOT was planning to widen the Middle Creek Bridge , Mr Lane reported he was unsure He stated that the road would run uphill away from the environmental concerns and away from the 100 year flood further from the bridge to give them greater storage on the turn lanes on NC Hwy 50 They currently don’t have enough room for storage for the turn lanes in between the intersection and the bridge ; however , by realigning the intersection it would make the area safer Commissioner Stewart expressed his concerns that if the Board approves the rezoning request and the conditions to allow for the road realignment do not take place , then problems may arise with development later on Mr Lane informed the Board that Son - Lan would be happy to entertain an approval based upon a special condition of the Department of Transportation accepting the approval of the realignment of Old Drug Store Road and NC Hwy 50 ; however , Commissioner Mims noted that you could not place special conditions on a straight rezoning Commissioner Carver stated that the Commissioners have been through this same scenario before whereupon general business incorporates uses that possibly the citizens in the area don’t want He stated this is why special use is so important , that it allows the Commissioners to have control over what is constructed Commissioner Stewart noted that he felt if a developer constructs 45 acres of residential homes , then the commercial uses he develops will be conducive to the residents , otherwise , this would hurt his residential plans ; however , he stated that Commissioner Carver had a valid point PagePage pageNumber5204 May 7 , 2007 – 6 00 pm Continued Sonny Johnson , 341 Sonny Road , Clayton , owner and applicant came before the Board and expressed his frustration concerning this rezoning case He stated he has been in contact with the North Carolina Department of Transportation today and he would be willing to have the Board table the rezoning case until he can get something firm back from the Department of Transportation regarding the realignment There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 4 Decision on Rezoning Case 07 - 4 Case 07 - 4 Petition to rezone 15424 acres of a 6159 tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D02005 Owner Applicant Son - Lan Development Commissioner W Ray Woodall moved the Board table Case 07 - 4 to rezone 15424 acres of a 6159 tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB for thirty days to allow the applicant time to gather more information from the Department of Transportation Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Commissioner DeVan Barbour stated this is the second time in the last few months the Board has had an issue with the General Business zoning classification He stated he would like to see the Planning Board evaluate the General Business classification to see if it is still a viable option for someone to request Commissioner Wade M Stewart stated that he felt it would help the Commissioners if Assistant Planning and Zoning Director Berry Gray and some of the people in the development community would give the Commissioners an education on how difficult it is to develop under a special use condition because you are dealing with theoretical situations in the planning stages The Chairman reopened the Rezoning Hearing for Case 07 - 5 Case 07 - 5 Petition to rezone one acre from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on NC 50 North just south of its intersection with Mt Pleasant Road SR 1533 in Pleasant Grove Township Tax ID 13D02014A Applicant Son - Lan Development Owner Daniel Lee Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map and noted this is a request to rezone one acre from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on NC 50 North just south of its intersection with Mt Pleasant Road SR 1533 in Pleasant Grove Township He noted the applicant is Son - Lan Development He stated there was a special use identified with this case He recalled several months ago on Mt Pleasant there were several tracts that were rezoned General Business - Special Use District with a condition that they come back before the Board to request approval of the special use He stated the applicant is looking to add this lot to that proposal Mr Curk Lane of True Line Surveying , came forward to address the Board as a representative for the applicant , Son - Lan Development He stated this is a small tract of one acre that adjoins a previously approved rezoning and they wish to add this parcel to the entire project Mr Gray noted that the Planning Board had recommended approval of Case 07 - 5 There being no further comments , the Chairman closed the Rezoning Hearing for Case 07 - 5 Decision on Rezoning Case 07 - 5 Case 07 - 5 Petition to rezone one acre from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on NC 50 North just south of its intersection with Mt Pleasant Road SR 1533 in Pleasant Grove Township Tax ID 13D02014A Applicant Son - Lan Development Owner Daniel Lee Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 5 , to rezone one acre from Agricultural - Residential District AR to General Business Special Use District GB - SUD located on NC 50 North just south of its intersection with Mt Pleasant Road SR 1533 in Pleasant Grove Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote PagePage pageNumber6205 May 7 , 2007 – 6 00 pm Continued The Chairman opened the Special Use Hearing for Case 585 Case 585 Application to modify a Special Use Permit to allow for bait and tackle shop with office in the existing building originally approved for a full service florist and seasonal sales of bedding plants Property is located at 5876 Hwy 50 North Tax ID 07E07018D Owners Steven & Mary Johnson Applicant Chris Johnson Those wishing to speak on Special Use Case 585 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 to allow for a bait and tackle shop with an office in the existing building originally approved for a full service florist and seasonal sales of bedding plants He introduced the following summary of evidence into the record , and specifically pointed out conditions 3 , 4 , and 5 A pre - application consultation was held with the applicant for Case 585 on January 26 , 2007 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 20 , 2007 , the Johnston County Planning Board held a public hearing regarding Special Use Permit Modification Case 585 and made the following recommendations Upon a motion by Mr Schulz , 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 modification , Case 585 , 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 Modification will continue to protect the health , safety , and public welfare as currently Only change is a request for different retail business Staff Modified retail use will continue to protect the health , safety , and general welfare by adhering to the original special use conditions and by compiling with current day codes and requirements 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Bait & Tackle shop will use same building and site details as flower shop Proposed Bait & Tackle will not produce any traffic or noise problems Staff The retail bait and tackle shop is not a more intensive use than the retail flower shop and should not have an adverse affect on adjoining properties There is more intensive I - 1 zoned property just south of the subject property 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Proposed modification will provide a service to the immediate area Staff Since the original rezoning , landscape buffer requirements have increased and will be necessary to install as part of the modification 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 ; and Applicant Modification will continue to abide by all codes and conditions imposed by the boards and current special use permit Staff Proposed change of use and modification will follow all current building code and Land Development code requirements along with existing Special Use Conditions and future ones as imposed by the boards Special Conditions 1 Site Plan must meet Johnston County Development Ordinance 2 Operating hours 9am - 9pm Monday - Saturday and 1 00 - 6 00pm on Sunday 3 Must install a Class B landscape buffer which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines PagePage pageNumber7206 May 7 , 2007 – 6 00 pm Continued 4 Applicant must ensure all buildings used for the proposed business meet commercial building code 5 Proper signage advertising solely for the Bait & Tackle Shop will be allowed per our Sign Ordinance Note Modifications and additions to original permit Mr Gray noted that no additional buildings are proposed ; however , the applicant does possibly want to enclose a shelter at the front of the property as a new shop which is depicted on the site plan Applicant Chris Johnson , 270 Grace Road , Benson , requested the Board’s approval to turn the former florist into a bait and tackle shop He stated that his neighbors in the surrounding community have been asking for such a business in the area He further stated he would be happy to answer any questions from the Board Mr Gray stated the Planning Board recommended approval of Case 585 along with the findings of facts and the special use conditions with modifications and additions to conditions # 3 , # 4 , and # 5 of the original permit There being no further comments , the Chairman closed the Special Use Hearing for Case 585 Decision on Special Use Case 585 Case 585 Application to modify a Special Use Permit to allow for bait and tackle shop with office in the existing building originally approved for a full service florist and seasonal sales of bedding plants Property is located at 5876 Hwy 50 North Tax ID 07E07018D Owners Steven & Mary Johnson Applicant Chris Johnson Based on the following findings of fact and the special use conditions , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit to Applicant Chris Johnson to allow for a bait and tackle shop with office in the existing building originally approved for a full service florist and seasonal sales of bedding plants Property is located at 5876 Hwy 50 North Commissioner Wade M Stewart 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 ; Modification will continue to protect the health , safety , and public welfare as currently Only change is a request for different retail business Modified retail use will continue to protect the health , safety , and general welfare by adhering to the original special use conditions and by compiling with current day codes and requirements 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Bait & Tackle shop will use same building and site details as flower shop Proposed Bait & Tackle will not produce any traffic or noise problems The retail bait and tackle shop is not a more intensive use than the retail flower shop and should not have an adverse affect on adjoining properties There is more intensive I - 1 zoned property just south of the subject property 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Proposed modification will provide a service to the immediate area Since the original rezoning , landscape buffer requirements have increased and will be necessary to install as part of the modification 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 ; and Modification will continue to abide by all codes and conditions imposed by the boards and current special use permit Proposed change of use and modification will follow all current building code and Land Development code requirements along with existing Special Use Conditions and future ones as imposed by the boards Special Conditions 1 Site Plan must meet Johnston County Development Ordinance 2 Operating hours 9am - 9pm Monday - Saturday and 1 00 - 6 00pm on Sunday 3 Must install a Class B landscape buffer which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 4 Applicant must ensure all buildings used for the proposed business meet commercial building code 5 Proper signage advertising solely for the Bait & Tackle Shop will be allowed per our Sign Ordinance Chairman Pope announced that the Board would take a five minute recess at this point The Chairman also announced that due to a previous commitment she had this evening , Vice Chairman Stewart would be conducting the proceedings for the remainder of the meeting PagePage pageNumber8207 May 7 , 2007 – 6 00 pm Continued 3 Public Hearing Town of Pine Level Request to Extend ETJ Advertised April 27 , 2007 and May 1 , 2007 The Smithfield Herald Vice Chairman Wade M Stewart opened the public hearing and stated the hearing was to give the Town of Pine Level an opportunity to present a request to extend their ETJ and receive citizen input on the matter Mr Jeff Holt , Mayor of the Town of Pine Level , appeared before the Board to represent the Town Mayor Holt stated that Pine Level is the second fastest growing municipality in Johnston County and because of that statistic , the Town has become increasingly aware of the need to extend their boundaries He went on to say that growth is coming their way from the west and in following suit of the neighboring Towns of Smithfield and Selma as well as pursuant to an act the General Assembly adopted which states the Commissioners can allow municipalities to extend their current ETJ from one mile to two miles , they are now requesting approval to do that He stated that Pine Level has provided to the Commissioners a letter that addresses some of the concerns and stipulations the Board has set out , as follows • The Town of Pine Level has in place a comprehensive zoning ordinance and separate subdivision ordinance • The Town utilizes a professional engineer , retained through budgetary line item , to assist in the interpretation and implementation of the above mentioned ordinances • The Town employs a part - time zoning administrator and code enforcement officer • The Town has identified certain areas beyond our current town limits and existing ETJ as future growth areas , and has made significant investment in water sewer extensions to service these areas • The Town has a formally adopted water and sewer extension policy which addresses areas which are not currently served by existing public utilities • The Town recognizes the requested areas as being impacted by certain logical and social connections with the town , inasmuch as these areas are currently serviced by the town’s volunteer fire department , the Micro - Pine Level Elementary School , the Pine Level Post Office or rural route , the town’s recreational programs , etc Further , Mayor Holt stated Pine Level has met with the Towns of Princeton , Smithfield , and Selma to discuss some areas that may be overlapping and they have worked out arrangements with them so there will be no areas of conflict Also , Pine Level has provided letters from the Towns of Smithfield , Princeton , and Selma to address those areas that may overlap Mayor Holt stated that he feels the Town of Pine Level is prepared to provide service to the new area The Town has recently updated their existing zoning ordinance so it includes a subdivision ordinance The Town has also placed under contract a zoning administrator and they are utilizing a professional engineer on an as - needed basis The Town has also invested a significant amount of money over the last ten years to extend their services out beyond the existing one mile ETJ so they are currently providing services to areas that do not fall under their ETJ Mayor Holt noted they have provided a map that illustrates four major intersections near their existing boundaries where commercial growth is now beginning to happen He stated that for the developers to request service to those intersections they also must request annexation by the Town of Pine Level Mayor Holt explained it is difficult to annex property not in the current ETJ The Town is taking steps to expand their water capacity and plans are underway for the construction of a water tank Finally , he noted the area the Town is interested in is served by the Pine Level Fire Department , is within the Town’s school district , and many people live there who participate in the Town’s recreation department Donald Thompson , 1674 Thompson Woodard Road , Selma , passed out a petition to the Commissioners that had been signed by 53 people opposing the Town of Pine Level’s request to extend their ETJ to two miles Mr Thompson stated he has the utmost respect for the Town of Pine Level ; however , he disagrees with their decision to pursue extending the ETJ He noted that he had requested to see a map of the area in question , but has not been able to view that document yet Mr Thompson stated he would like to submit the petition for the record in opposition to the request Gerald Peedin , 346 Woodside Road , Selma , asked what would happen to the areas that potentially overlap between the Towns Commissioner Allen L Mims , Jr stated there would be a defined separation and the overlapping boundaries would be agreed upon between the Towns in advance There being no further comments , the Vice Chairman closed the public hearing In response to a question from Commissioner Tony Braswell , Vice Chairman Stewart reported that no action would be taken tonight The Board will hear the same request from all the municipalities whereupon more meetings will be scheduled to discuss further 4 Public Hearing Town of Princeton Request to Extend ETJPagePage pageNumber9208 May 7 , 2007 – 6 00 pm Continued Advertised April 27 , 2007 and May 1 , 2007 The Smithfield Herald Vice Chairman Wade M Stewart opened the public hearing and stated the hearing was to give the Town of Princeton an opportunity to present a request to extend their ETJ and receive citizen input on the matter Marla Ashworth , Town Clerk for the Town of Princeton , addressed the Board and stated the Town is requesting to extend their ETJ to two miles and noted they had provided a letter to the Board to address the concerns criteria set out by the Board , as follows 1 The area is within the statutory framework for granting ETJ The NC General Statutes allow the Johnston County Board of Commissioners to grant up to a 2 mile ETJ to its municipalities Princeton has met with Pine Level and both towns are in agreement with the proposed ETJ for each municipality 2 The town has a demonstrated commitment to sound planning Princeton has a Planning Board comprised of town citizens as well as representatives from the ETJ The Town uses a combination of full - time staff , a part - time consultant , and the services of the Division of Community Assistance , Department of Commerce in order to carry out its planning functions Princeton adopted a comprehensive land use plan in 2001 and a revised zoning ordinance in 2006 3 The town has made or is willing to make a commitment to sound planning as necessary to serve the area with managed services in the future Princeton is in the process of developing a water and sewer master plan The town is also in the process of updating its 20 - year capital improvement plan 4 The area has a logical , social , or geographic connection with the municipality The area under consideration for inclusion within a 2 - mile ETJ for Princeton lies mainly within the delivery area of the Princeton Post Office The majority of children in this area attend school in Princeton The eastern boundary of the proposed ETJ area is the Wayne County line Ms Ashworth noted that Princeton has a land use plan and a recently revamped zoning ordinance that follows the land use plan She informed the Board that Princeton has had some water and sewer issues in the past , but they have received grant monies to develop their systems and have addressed these problems Ms Ashworth also stated that the area of concern is within the Princeton School District , the majority of the Princeton Fire District , and the community of Princeton as a whole Commissioner Tony Braswell asked who performs the zoning violations for Princeton Ms Ashworth replied that currently she performs the enforcement for the Town Vice Chairman Stewart thanked Ms Ashworth for the Town of Princeton’s request and noted that no action would be taken tonight There being no further comments , the Vice Chairman closed the public hearing 5 Public Hearing Town of Selma Request to Extend ETJ Advertised April 27 , 2007 and May 1 , 2007 The Smithfield Herald Vice Chairman Wade M Stewart opened the public hearing and stated the hearing is to give the Town of Selma an opportunity to present a request to extend their ETJ and receive citizen input on the matter Mr Charles Hester , Mayor – Town of Selma , appeared before the Board to represent the Town of Selma Mayor Hester stated that the Town of Selma is requesting the Board to extend the Town’s ETJ to two miles and noted they had provided a map of the area to the Commissioners along with a letter outlining the criteria set by the Board , as follows 1 Is the area within the statutory framework for granting ETJ Certain Johnston County municipalities have special legislation allowing the county to approve a request for ETJ expansions up to two 2 miles ; the included map shows the area being considered to be within that criterion as denoted on the map 2 Has the Town demonstrated commitment to sound planning The Town of Selma has a thorough Development Ordinance , a professional staff , and a planning board made up of professionals in the Town of Selma’s city limits and current ETJ The Planning Board and Board of Commissioners hold routine public hearings to allow for interaction with the public in regards to the growth of the town 3 Has the Town made or is it willing to make a commitment to sound planning as necessary to serve the area with municipal services in the future Page0209 May 7 , 2007 – 6 00 pm Continued The Town of Selma has become very proactive in encouraging development in its ETJ by working with new developments and developers on expanding municipal services such as water and sewer Town is currently planning for sewer expansion that will need to be provided to one area north of Town within three 3 years by way of a recent annexation and expansion of town limits Fire protection is and will be adequate for future growth in the proposed expansion area 4 Does the area have a logical , social , or geographical connection with the municipality North Carolina Highways 39 and 96 , as well as US Highways 70 and 301 are four major thoroughfares that pass through the proposed expansion area and are current primary modes of traffic in the existing town limits and ETJ The proposed area is also within the Selma zip code and a majority of the proposed area is in the Selma fire district Mayor Hester informed the Board that the Town of Selma has worked out the details with Smithfield and Pine Level regarding overlapping boundaries He noted that Selma has somewhat of a boundary issue with the Town of Wilson’s Mills they are currently in discussions over and are working to overcome the difference Mayor Hester further explained that Selma’s Town Manager is also the code enforcement and the building inspector for the Town He stated they have a new unified development ordinance that was passed approximately 3 years ago covering zoning , planning , and building requirements that replaced the original unified development code written in 1978 Mayor Hester feels the Town has a strong ordinance in place to help them manage the ETJ extension He noted they have had citizens to voluntarily request annexation which includes approximately 1,000 acres towards Wilson’s Mills which is the area in question concerning the boundary discussions with Wilson’s Mills Mayor Hester stated that Selma wants to cooperate with everyone to a point but also protect their own interests Commissioner Tony Braswell asked Mayor Hester about the timetable on which they hope to have the issue with Wilson’s Mills resolved Mayor Hester reported that he did not have an answer at this time ; however , they have had several meetings with the Mayor of Wilson’s Mills and his staff He noted that while they have not worked the issue out yet , he would anticipate having it resolved within 2 to 3 months Vice Chairman Stewart stated that the Board would like to act uniformly concerning the ETJ requests by the Towns and he emphasized the other towns have worked out their differences regarding boundaries Vice Chairman Stewart informed Mayor Hester that any hold up between Selma and Wilson’s Mills could delay the entire process He encouraged the Mayor to try and resolve the issue as soon as possible Commissioner Allen L Mims , Jr asked did the map provided by the Town of Selma show the area in question with Wilson’s Mills Mayor Hester reported that he did not believe it highlighted the area He reiterated again he believed the matter can be resolved Tony Tetterton , 428 Campground Road , Selma , came forward to address the Board regarding the Selma ETJ extension request Mr Tetterton expressed his concern over this issue and noted examples of areas currently within the city limits of Selma that he stated are not served by Selma Utilities Mr Tetterton reviewed with the Board , pictures from a PowerPoint presentation containing an example of a subdivision that he stated was constructed with no design standards , is served with septic tanks , and is currently within the city limits of Selma He felt that it is unfair for this area to be annexed , yet not served by Selma utilities Mr Tetterton stated that while Towns such as Clayton had a legitimate concern , Selma does not He requested the Board of Commissioners deny Selma’s request to extend their ETJ Vice Chairman Stewart informed those present that all of the information heard to date from the Towns for an ETJ extension have been duly noted and will be discussed by the Board at the appropriate time He noted that the discussions will take place at a date to be scheduled in the future Commissioner DeVan Barbour instructed the Planning Department staff to create one large map with all of the Towns highlighted and note the areas requested for ETJ extensions to assist with the discussions Betty Eason , 109 Eason Lane , Selma , approached the Board and wanted to know which Town had jurisdiction over the area in which she lived After discussion concerning this request from Ms Eason , County Manager Rick Hester reported he would have Mr Pete Connet , Town Manager for Smithfield contact Ms Eason to discuss the area in which she lives Mayor Jeff Holt of Pine Level wanted to clarify that the Board of Commissioners at this time are only hearing the requests from the Towns for the ETJ extensions He noted the Commissioners have the authority to allow the Towns to extend their boundaries from one mile to two miles That is not to say the Towns will extend out the full two miles After hearing the concerns from the citizens present tonight , Mayor Holt noted that the final decision to extend will stay with the respective Town Councils and the Towns are ultimatelyPage1210 May 7 , 2007 – 6 00 pm Continued responsible for notifying all the property owners affected He stated each Town will hold their own public hearings to receive citizen comment and those comments will be taken under consideration There being no further comments , the Vice Chairman closed the public hearing 6 Public Hearing County Code of Ordinances – Section 14 - 504 Signs Exempt from Permit Requirements Advertised April 27 , 2007 and May 1 , 2007 The Smithfield Herald Vice Chairman Wade M Stewart opened the public hearing and stated that this hearing is to consider public comment on the possible amendment to the County Code of Ordinances – Sec 14 - 504 Signs exempt from permit requirements The proposed amendment extends the 30 day limit to 60 days for political advertising signs Berry Gray , Assistant Planning and Zoning Director , stated that during the past election , there was concern with the 30 day limit for political advertising with signs Therefore , staff has determined extending the time frame to 60 days may be appropriate He noted the Johnston County Planning Board has recommended approval of this adjustment In response to a question from Commissioner Allen L Mims , Jr , Mr Gray reported this adjustment pertains to signs on private property and not within the Department of Transportation right - of - way Commissioner Mims reported the DOT has issues with these signs due to mowing , but reiterated that this amendment only concerns signs on private property Commissioner Tony Braswell noted that since there are so many policies out there with what the County has and the municipalities have , that staff needs to notify the Towns of the Board’s decision and hope they follow the same Commissioner Mims reported he believes this amendment is also what the municipalities would like to adopt County Manager Rick Hester reported that across the County , the rules vary from town to town from no regulations to 60 days ; however , some of the towns have indicated they are going to look to the County and follow suit Vice Chairman Stewart inquired from Mr Gray if he was comfortable with this adjustment and wanted to know would it help to eliminate confusion Mr Gray reported he believes it will lessen the confusion because the 60 day period will actually start around Labor Day which he believes is a good time for the signs to start being put out County Manager Hester also stated that this decision would be forwarded to the Board of Elections Office for distribution to candidates in upcoming elections Pine Level Mayor Jeff Holt asked Mr Gray if this ordinance pertains to mobile signs , such as signs that are pulled behind vehicles Mr Gray reported they had a situation like this in the past and he was not sure if this was something they could enforce In response to a question from Commissioner Mims , asking does the Planning Department enforce private sector advertising signs , Mr Gray reported they do not Commissioner Mims noted that an issue with billboards and political advertisements was discussed recently and it was determined that billboards are regulated separately and if you wanted to advertise all year on a billboard , then you had the permission to do so He reiterated the discussion tonight pertained to yard signs only County Attorney Mark Payne stated that when the County was faced with the mobile sign issue , the County took the approach that those were not signs within the ordinance Mayor Holt stated the reason for bringing the issue of mobile signs up was that Pine Level’s ordinance does address it and does not allow it They have tried to enforce it , but have received comments from citizens that the County does not address it , nor does the State of North Carolina Mayor Holt wants to make sure that Pine Level adopts the same ordinance as the County There being no further comments , the Vice Chairman closed the public hearing Page2211 May 7 , 2007 – 6 00 pm Continued Decision and Vote – County Code of Ordinances – Section 14 - 504 Signs Exempt from Permit Requirements Commissioner Tony Braswell moved the Board adopt the amendment to the County Code of Ordinances – Sec 14 - 504 Signs exempt from permit requirements , to extend the 30 day limit to 60 days for political advertising signs Commissioner W Ray Woodall seconded the motion which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not Voting Cookie Pope Section 14 - 504 Signs exempt from permit requirements 12 Political signs advertising candidates or issues , provided such signs are not erected prior to 30 60 days before the date of the appropriate election , and are removed within seven days after the election Such political signs shall be mounted on poles and stakes and shall not be erected and located within any public right - of - way or within any sight distance triangle easement of intersections Such signs shall not be placed on trees or utility poles Such signs shall not exceed forty - eight 48 square feet in area per display face or eight 8 feet in height if freestanding The setback shall be at least ten 10 feet 7 Public Hearing Western Johnston County Comprehensive Transportation Plan Advertised April 27 , 2007 and May 1 , 2007 The Smithfield Herald Vice Chairman Wade M Stewart opened the public hearing and stated the hearing was to receive public comment on the potential endorsement of the Western Johnston County Comprehensive Transportation Plan The Capital Area Metropolitan Planning Organization CAMPO is requesting the County of Johnston endorse the recommendations before finalizing the plan Berry Gray , Assistant Planning and Zoning Director stated the Western Johnston County Comprehensive Transportation Plan was developed by CAMPO and it is a new type of plan that the Department of Transportation is now recognizing He noted this is standard across the State as far as definitions for freeways , expressways , boulevards , and what public right - of - ways are needed for those types of projects He pointed out two maps showing one right - of - way with recommendations in western Johnston County and the other showing improvements needed that were developed by CAMPO He stated that he believes the Town of Clayton has already reviewed their area of the CAMPO plan He asked the Board to keep in mind this plan does not put any regulations into place at this point If this plan is adopted , the County would then need actual ordinance amendments to follow up as well as appropriate right - of - ways would need to be designated with future subdivisions based on the plan or the County will need to set aside certain land areas for future projects In response to a question from Commissioner Allen L Mims , Jr , County Attorney Mark Payne recommended that the County should fold this plan into the ordinance to be used as a guideline Specific changes would be addressed by pulling out changes and placing them into the ordinance where appropriate Mr Payne indicated the County will have to walk - through the ordinance and the CAMPO plan side by side to see where specific changes need to take place , rather than say “ approval has to be consistent with the CAMPO plan ” In response to a question from Commissioner W Ray Woodall , Mr Gray reported that NC Hwy 42 has been identified as a four lane project County Attorney Mark Payne noted there are more general provisions , especially with subdivision approval in the development ordinance that need to be taken into consideration regarding the future impact of the community and the necessary right - of - ways concerning a four lane highway project Commissioner Tony Braswell noted that if the County doesn’t have the plan in place , then down the road the County will not have the ability to make the necessary transportation improvements Commissioner Woodall commented the Board must take into consideration how the improvements will affect existing residential developments on NC Hwy 42 There being no further comments , the Vice Chairman closed the public hearing Page3212 May 7 , 2007 – 6 00 pm Continued Decision and Vote – Endorsement of the Western Johnston County Comprehensive Transportation Plan Vice Chairman Wade M Stewart noted the Board is being asked to endorse the recommendations and that a final plan will be sent back to the Commissioners for review at a later date Commissioner Allen L Mims , Jr moved the Board endorse the recommendations , seconded by Commissioner Tony Braswell which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not Voting Cookie Pope 8 Call for Public Hearing County Code of Ordinances – Section 14 - 75 AR b Permitted Uses – Commercial Vehicles Vice Chairman Wade M Stewart stated the Planning Board has recommended an adjustment to allow two commercial vehicles , with up to six if the vehicles are located greater than 250 feet from a property line or enclosed within a building Therefore , staff requests the Board of County Commissioners call for a public hearing for the June 2007 6 00 pm meeting to consider the proposed amendment to the Johnston County Code of Ordinances Section 14 - 75 AR b Permitted uses Commissioner Jeffrey P Carver moved the Board schedule a public hearing for the June 4 , 2007 6 00 pm meeting immediately following the rezoning and special use cases to consider an amendment to the Johnston County Code of Ordinances Section 14 - 75 AR b Permitted Uses – Commercial Vehicles Commissioner W Ray Woodall seconded the motion which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not Voting Cookie Pope 9 Manager Reports and Comments A Land Use Permit Fee County Manager Rick Hester informed the Board that he was in the process of reviewing fee structures within the County He noted currently the Planning Department charges a land use permit fee once a site plan for a new industrial or commercial development has been submitted He stated that the site plan is then sent out to several agencies for review Mr Hester has spoken with Assistant Planning and Zoning Director Berry Gray concerning the land use permit fee Mr Hester recommended to the Board that they consider keeping the fee structure for this permit in place ; however , establishing a ceiling of 2,500 per application until another fee schedule can be developed at a later date In response to a question from Commissioner Allen L Mims , Jr regarding the 2,500 cap , Mr Hester noted that on occasions , with the fee structure in place now , this fee has been greater than 2,500 Mr Hester informed the Board he has received several calls on the matter and feels the fee needs to be evaluated The fee is normally based on the value of the project , but Mr Hester believes this should be looked at further Mr Hester suggested putting the 2,500 cap in place until such time as another fee structure can be implemented Commissioner W Ray Woodall moved the Board approve keeping the land use fee structure in place ; but placing a ceiling of 2,500 per application Commissioner Tony Braswell seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not Voting Cookie Pope 10 Board Reports and Comments A Public Hearing for Proposed FY 07 - 08 BudgetPage4213 May 7 , 2007 – 6 00 pm Continued Commissioner Jeffrey P Carver inquired as to the Public Hearing on the proposed FY 07 - 08 budget Mr Hester stated the Public Hearing will be held on June 4 , 2007 at 10 30 AM and on that day , the Board will establish the dates for the night meetings to discuss budget items Vice Chairman Wade M Stewart asked for the same Commissioners from last year’s workgroup to review any fire district tax increases in the upcoming budget Commissioners DeVan Barbour , Tony Braswell , and Jeffrey P Carver agreed to serve on the workgroup again this year B Resolution Supporting Local Legislation Establishing the Bentonville Battlefield Fund Commissioner Tony Braswell asked the Board had they considered the resolution supporting local legislation establishing The Bentonville Battlefield Fund he had distributed at the 10 00 am meeting that day Commissioner W Ray Woodall moved the Board adopt the following resolution supporting local legislation establishing The Bentonville Battlefield Fund in the NC Department of Cultural Resources , Division of State Historic Sites Commissioner Tony Braswell seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not Voting Cookie Pope Resolution Supporting Local Legislation Establishing The Bentonville Battlefield Fund In the NC Department of Cultural Resources , Division of State Historic Sites WHEREAS , The Civil War Battle of Bentonville , the largest ever fought in North Carolina , took place in Johnston County during the three days of March 19 - 21 , 1865 ; and WHEREAS , On March 21 , 1965 , during the centennial anniversary of the battle , the State of North Carolina recognized the statewide historical significance of the battlefield establishing a state historic site on the original battlefield and by dedicating a visitor center during the centennial anniversary of the battle ; and WHEREAS , Bentonville Battlefield State Historic Site is one of the best preserved battlefields of the War Between the States in the country ; and WHEREAS , The Battlefield is visited by tens of thousands of school children and adults from all over the world annually seeking educational and heritage tourism opportunities ; and WHEREAS , The economic impact of these visitors to the Battlefield on the County are great ; and WHEREAS , House Bill 129 and Senate Bill 358 have been introduced in the 2007 Session of the General Assembly of North Carolina ; and WHEREAS , These bills support and enhance Bentonville Battlefield’s future operation , interpretation , maintenance , preservation and development ; THEREFORE , The Johnston County Board of Commissioners does hereby support the introduction and encourage all efforts in pursuant of passage be taken There being no further business , Commissioner W Ray Woodall moved the Board adjourn at 8 05 pm Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays None Not Voting Cookie Pope ____________________________ Cookie Pope , Chairman ____________________________ Wade M Stewart , Vice Chairman ____________________________ Paula G Woodard , Clerk to the BoardPage