July 9, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 321 Meeting of the Johnston County Board of Commissioners July 9 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 9 , 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 , and Tony Braswell Absent DeVan Barbour 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 Cookie Pope called the meeting to order at 6 00 pm and announced that Commissioner DeVan Barbour was absent due to an illness in the family The following business was transacted 1 Public Comments No one spoke at this time 2 Public Hearing – Land Development Code – Section 14 - 75 AR b Permitted Uses – Commercial Vehicles Advertised June 29 , 2007 and July 3 , 2007 The Smithfield Herald Chairman Cookie Pope opened the Public Hearing and called for Assistant Planning and Zoning Director Berry Gray to address the Board Mr Gray submitted Option # 3 to the Board regarding a revision to the Land Development Code – Section 14 - 75 AR b Permitted Uses related to commercial vehicles as follows Definition A “ commercial , industrial or construction truck or vehicle ” as used herein is defined as having a manufacturers rating of more than one 1 ton or a payload capacity of six thousand 6,000 pounds or more , whichever is greater For purposes of clarification , but without limitation , this definition includes dump trucks , tractor - trailers , tankers , tank trucks , buses , large panel vans , trailers and construction equipment or any part thereof Section 14 - 75 AR b Permitted uses Option # 3 Commercial Vehicles 1 Any commercial vehicle s being housed at a residence and driven by an occupant of the residence for the purpose of serving as the occupants primary transportation to a business located off - site shall be limited based on the following guidelines a If the business associated with the commercial vehicle is off - site and provides reasonable storage and after - hours parking of the associated commercial vehicles , then no commercial vehicle is allowed on the residential property b On internal subdivision streets , public or private , and dead - end public or private roads , only one commercial vehicle is allowed unless subsection a above applies and or restrictive covenants are in place restricting the storage of commercial vehicles The vehicle is required to be setback 70 ’ from the front property line and 50 ’ from the interior property lines c On all other streets and roads , there are no limits on the number of commercial vehicles as long as Section 1 above applies The vehicle s are required to be setback 500 ’ from the front property line and 250 ’ from the interior property lines OR c On all other streets and roads , any more than two commercial vehicles is required a special use permit with the vehicle s setback 500 ’ from the front property line and 250 ’ from the interior property lines 2 This regulation shall not be interpreted to prohibit commercial vehicles from loading or unloading within a reasonable time in any residential district 3 This is not to include any such commercial vehicles used , manufactured , or designed for hazardous waste which are prohibited from residential districts Note Any commercial vehicle s associated with a commercial business operation , not specifically identified as a permitted use in this section , which is not a legally grandfathered nonconforming use , is not allowed unless a Special Use Rezoning is granted by the County Mr Gray stated the definition is the same that the Board has been considering over the last several months and reviewed the remainder of Option # 3 with the Commissioners Mr Gray noted this option would regulate if a person has a business somewhere offsite from the personal residence and the commercial vehicle is being used as the primary transportation to and from the business Mr Gray stated if the primary residence is being used as the place of business , then the Planning Department can address those situations as zoning violations under the current ordinance Option # 3 would address those people who are using commercial vehicles for personal use to and from work Mr Gray reviewed with the Board items a – c and noted item cPage322 July 9 , 2007 – 6 00 pm Continued contained an alternate choice that would provide for a special use application Mr Gray pointed out that Option # 3 would address a potential grandfather issue He stated that staff is hoping the amendment would provide the ability to regulate commercial vehicles being used as a primary source of transportation County Attorney Mark Payne stated Option # 3 is staff’s attempt in trying to record all the feedback received regarding the amendment and asked if there were any questions Ken Billings , 100 Exeter Drive , Zebulon , stated he was pleased with Option # 3 ; however , he had two concerns Mr Billings informed the Board there needed to be some type of language concerning the prohibition of maintenance on commercial vehicles and asked the Commissioners to be as restrictive as possible when considering the number of allowed commercial vehicles Mr Billings noted he feels there may be a possible violation to the Clean Water Act that could occur through the maintenance on these trucks Mr Billings thanked the Board for their attention to this matter Commissioner Jeffrey P Carver asked Mr Billings what was his definition of “ maintenance ” Mr Billings stated “ maintenance ” to him would include oil changes and truck washing Mr Billings noted through his own experience with construction , truck washing of heavy commercial vehicles requires the use of special drainage pans or other special provisions on a construction site He stated this also applies to truck washing facilities for commercial tractor trailers Hubert Brooks , 512 Dogwood Drive , Selma , addressed the Board and expressed his concern regarding the amendment Mr Brooks stated he was a former Burlington Mills worker for 25 years who had lost his job when the plant closed Mr Brooks reported he now operates his own commercial truck which he parks at his residence and he was worried about the impact of the amendment on his business Mr Brooks expressed his concerns for employment opportunities in Johnston County and stated he felt something must be worked out to satisfy everyone on the amendment Mr Brooks stated that with fuel costs , many truck operators could not afford to park their vehicles in a rented place away from their residence Commissioner Wade M Stewart asked Mr Brooks how the amendment would affect him personally Mr Brooks stated he felt eventually the amendment would only allow for one truck Commissioner Allen L Mims , Jr asked Mr Brooks to further clarify how the amendment would affect him personally Mr Brooks stated he currently has one truck at his residence , but he is concerned about the ability to perform maintenance on that truck Mr Brooks further noted that he does not perform oil changes , nor does his wash the truck at his home ; however , he may from time to time perform small part repairs to the truck Commissioner Stewart stated the Commissioners were looking for examples of how people will be affected by an amendment to help the Board in their deliberations Commissioner Stewart thanked Mr Brooks for stepping forward and explaining his situation Commissioner Stewart further inquired if Mr Brooks lived in a subdivision or had neighbors that were affected by his business Mr Brooks reported he does have neighbors and wanted to point out that there are some citizens in Johnston County who have multiple cars in their yards that are leaking oil and could possibly be causing contamination issues Chairman Cookie Pope informed Mr Brooks that the Board appreciated his feedback and noted this would help them in their deliberations The Chairman inquired if Mr Brooks knew of other people who had more than one truck in their yard Mr Brooks reported he knew of other people who had more than one truck in their yard and stated those people could not afford to park them somewhere else In response to a question from Commissioner Tony Braswell , Mr Brooks reported he is within city limit boundaries Commissioner W Ray Woodall stated the County had no jurisdiction over policies within city limits and the amendment under consideration by the Board would have no affect on a municipality Willie Faison , 1400 Old Sanders Road , Smithfield , stated the amendment would affect him Mr Faison informed the Board that he has three trucks that stay in his yard Mr Faison noted he is gone on one truck most of the time and asked if , by leaving two trucks in his yard while he is gone , this would be considered a violation Page323 July 9 , 2007 – 6 00 pm Continued Commissioner Mims stated Mr Faison’s situation would depend on whether or not he lived in a subdivision Mr Faison reported for the last three years , he has been badgered by different people calling him complaining about the commercial trucks along with the Sheriff’s Department sending letters to his house Mr Faison asked how he could comply with the zoning He stated he felt that his personal vehicles were being classified as commercial when they are not Mr Faison expressed the need to have a definition of what is considered commercial as well as guidelines for complying , before fines are issued Commissioner Stewart informed Mr Faison that the Board was trying to understand and address those definitions and guidelines He noted the Board wanted what is fair to everyone and stated there was no simple answer Mr Payne stated he had spoken with Mr Faison and informed him the County would make sure Mr Faison had an opportunity to review the basis for a citation Mr Payne reported the County’s goal is to get compliance for the zoning and would consider a settlement on civil penalties Mr Payne stated he wanted to work out something everyone could understand and agree with Chairman Cookie Pope stated she appreciated Mr Faison’s willingness to work on compliance Mr Faison expressed concern with maintenance on commercial vehicles and asked would his area of residence be classified as a subdivision Mr Payne reported that Mr Faison is within the County’s jurisdiction and his residence would fall within the internal subdivision street category Mr Faison expressed his concern with complaints coming from individuals who do not live in his subdivision or neighborhood Commissioner Mims noted the issue is compliant driven and stated he felt most of the complaints received would be from a neighbor or someone who lived close by Commissioner Mims further noted he felt this is mainly driven by those who operate larger trucks in the early hours of the morning and the noise associated with those trucks He stated while Mr Faison feels he has a right to operate his trucks on his property , the neighbors also feel they have a right to peace and quiet on their property Commissioner Mims informed Mr Faison the Board is trying to find a happy medium for all and stated the County would work with him on the fines He noted the County is experiencing major growth and because of this growth , the commercial trucks are becoming an issue In response to additional concerns by Mr Faison regarding people complaining who do not live in the neighborhood , Commissioner Mims stated that even if a person does not live there , if they own property there , they do have a right to complain Commissioner Braswell inquired if the number of commercial vehicles at one location is the main point of concern for Mr Faison Mr Faison stated most truck operators he knew of owned a backup truck and they cannot afford to own a shop to store the backup truck Commissioner Braswell stated the Board is trying to determine the right number of allowed trucks to satisfy the needs of everyone Upon a question from Commissioner Woodall , Mr Payne verified that Mr Faison does live in a subdivision Mr Faison stated there were no covenants that he knew of in his subdivision regarding trucks WR Lambert , 509 N Lincoln Street , Benson , stated he keeps three to four vehicles on his property at all times as well as tractors and dump trucks related to his subdivision business at his residence Mr Lambert reported he is near the Town of Benson and has received no complaints from his neighbors Mr Lambert reported he could possibly be affected by the amendment as well as he has a neighbor that is a veterinarian who keeps three to four trucks with trailers for his use Mr Lambert stated he sees both sides of the issue Debbie Wall , 1727 Swift Creek Road , Smithfield , stated she and her husband own land at 1380 Old Sanders Road in Smithfield , directly beside Mr Faison Ms Wall stated there are restrictive covenants for thisPage324 July 9 , 2007 – 6 00 pm Continued subdivision referenced earlier Ms Wall informed the Board that she and her husband were informed of the covenants when they were thinking of purchasing Mr Faison’s home Ms Wall reported they purchased the land directly beside Mr Faison’s home with the intentions of building a house Ms Wall expressed her concern regarding Mr Faison’s trucks and noted her husband has witnessed the power - washing and servicing of the trucks at the residence Ms Wall spoke of what is involved in maintaining commercial trucks and stated she is concerned for the spring - fed lake near the property and the potential run - off from power - washing the trucks Ms Wall reviewed with the Board the vehicles owned by Mr Faison and stated she was not trying to cause problems ; however , she was trying to protect her land and the lake Ms Wall noted a few establishments that do offer storage for commercial trucks Ms Wall produced a copy of the restrictive covenants for her subdivision and verified they have been recorded Jim Wear , 1727 Swift Creek Road , Smithfield , stated he is the husband of Debbie Wall and noted they are hoping to begin building their house in December at 1380 Old Sanders Road Mr Wear informed the Board he and his wife have contemplated selling the land due to this problem ; however , they have decided to go forward with building their house Mr Wear expressed his concern regarding the lake near the subdivision as well as a recently approved subdivision across the lake and how the new homeowners in that subdivision may view the trucks Mr Wear asked for clarification regarding someone who runs a business in the home as opposed to someone whose business is away from home and they simple use the vehicles for transportation to and from work Mr Gray reported in the Agricultural Residential District , which the Faison Property is , a person can have an in - home occupation , but only certain uses are allowed as in - home occupations Mr Gray noted the commercial trucks use is not considered one of the uses acceptable under the in - home occupations Therefore , operating a business that includes the storage of commercial vehicles in an Agricultural Residential District is not permitted Mr Gray noted the ordinance amendment being discussed would address those who drive the commercial vehicles to and from work for businesses located off - site Percy Davis , 1360 Old Sanders Road , Smithfield , expressed his concern regarding the commercial trucks leaking oil into the pond behind his house Mr Davis stated Mr Faison is aware of the restrictive covenants in the subdivision Mr Davis noted he is friends with Mr Faison ; however , he would like for him to take care of the trucks Mr Faison stated he has never seen the covenants for his subdivision and requested a copy of them Staff was instructed to provide Mr Faison with a copy of the covenants Carlton Martin , 328 Old Murphy Road , Zebulon , thanked the Board and staff for their help with this issue Mr Martin stated he believed Option # 3 should be adopted There being no further comments , the Chairman closed the public hearing Discussion by the Board Commissioner Braswell inquired from Mr Gray what the thought process was behind the setbacks proposed in Option # 3 of the amendment Mr Gray reported staff had reviewed all the zoning districts and looked at the most stringent setbacks in order to make a recommendation regarding the commercial vehicles amendment Commissioner Mims noted that everyone cannot be pleased ; however , he feels the Board has made a step in the right direction Commissioner Mims stated people chose to live in subdivisions to raise families there and the truck traffic is an issue he believes can be alleviated by the amendment He further stated he would like to see the second item c in the amendment and add a possible statement to address maintenance issues Commissioner Mims reminded everyone that this would only govern the County jurisdiction and not municipalities In response to a question from Commissioner Carver , Commissioner Mims clarified the second item c option in the amendment would require a special use with two or more trucks Commissioner Mims stated if someone has more than two trucks then it is likely that person is running a business and would need to come in and apply for the proper zoning whereupon special conditions can be applied Chairman Cookie Pope stated everyone on the Board has concerns regarding the language of the proposed amendment PagePage pageNumber5325 July 9 , 2007 – 6 00 pm Continued After further discussion , Commissioner Carver stated he believed the special use requirement of the amendment would help to address some of the issues being heard and it was better than nothing Commissioner Stewart stated this was no easy matter and he personally had difficulty in defining what is a subdivision or a close knit neighborhood Commissioner Stewart reported he needed to give the amendment more thought and noted he needed to understand the language better before he could vote one way or the other Commissioner Carver noted the County is receiving complaints and this was an opportunity to do something about those complaints Commissioner Braswell stated the Board has been reviewing the issue for six months and although he recognized the proposed amendment would not solve everything , he agreed with Commissioner Carver that this was a good starting point Chairman Pope noted she is from the Cleveland Community where much of the growth is taking place and stated the area is still rural enough in some areas that she has concerns with the amendment language as proposed Motion and Vote Commissioner Allen L Mims , Jr noted the language proposed in Option # 3 can be changed and made a motion to adopt Option # 3 with the second item c as follows , changes highlighted Definition A “ commercial , industrial or construction truck or vehicle ” as used herein is defined as having a manufacturers rating of more than one 1 ton or a payload capacity of six thousand 6,000 pounds or more , whichever is greater For purposes of clarification , but without limitation , this definition includes dump trucks , tractor - trailers , tankers , tank trucks , buses , large panel vans , trailers and construction equipment or any part thereof Section 14 - 75 AR b Permitted uses Option # 3 Commercial Vehicles 1 Any commercial vehicle s being housed at a residence and driven by an occupant of the residence for the purpose of serving as the occupants primary transportation to a business located off - site shall be limited based on the following guidelines a If the business associated with the commercial vehicle is off - site and provides reasonable storage and after - hours parking of the associated commercial vehicles , then no commercial vehicle is allowed on the residential property b On internal subdivision streets , public or private , and dead - end public or private roads , only one commercial vehicle is allowed unless subsection a above applies and or restrictive covenants are in place restricting the storage of commercial vehicles The vehicle is required to be setback 70 ’ from the front property line and 50 ’ from the interior property lines c On all other streets and roads , any more than two three commercial vehicles is required a special use permit with the vehicle s setback 500 ’ 250 ’ from the front property line and 250 ’ 200 ’ from the interior property lines 2 This regulation shall not be interpreted to prohibit commercial vehicles from loading or unloading within a reasonable time in any residential district 3 This is not to include any such commercial vehicles used , manufactured , or designed for hazardous waste which are prohibited from residential districts 4 This is not intended to allow the maintenance , as in changing of hazardous fluids and washing of contamination onto the ground , of the commercial vehicle parked on a residential lot Note Any commercial vehicle s associated with a commercial business operation , not specifically identified as a permitted use in this section , which is not a legally grandfathered nonconforming use , is not allowed unless a Special Use Rezoning is granted by the County Commissioner Tony Braswell seconded the motion , which carried by the following vote Ayes Commissioners Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , and Tony Braswell Nays Commissioners Cookie Pope and Wade M Stewart The vote failed to carry by unanimous vote , therefore , a second vote will take place at the August 6 , 2007 6 00 pm board meeting The Board took a five minute recess 3 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – June 29 , 2007 and July 3 , 2007 Certified letters were mailed to adjoining property owners on June 28 , 2007 Notices were posted at the locations on May 1 , 2007 for Cases 07 - 13 , 07 - 14 , 07 - 15 , 07 - 16 , 07 - 17 , 07 - 18 , 07 - 19 , and 07 - 20 PagePage pageNumber6326 July 9 , 2007 – 6 00 pm Continued The Chairman opened the Rezoning Hearing for Case 07 - 13 Case 07 - 13 Petition to rezone 2548 acres of a 3797 acre tract located just west of the southwest corner of Lake Wendell Road SR 1716 and NC Hwy 96 in Wilders Township from Community Business CB to Agricultural Residential AR Tax ID 16L03045B Applicant Ned Coleman Owner Julian N Barham Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone 2548 acres of a 3797 acre tract located just west of the southwest corner of Lake Wendell Road SR 1716 and NC Hwy 96 in Wilders Township from Community Business CB to Agricultural Residential AR Mr Gray noted this property was located near the Corinth Holders School Mr Gray reported to the Board the applicant is approved for a subdivision on this tract and noted the tract is currently zoned Community Business which does not allow for residential and the Planning Board had stated the applicant must rezone that part of the property to Agricultural Residential which would be for the residential use Mr Gray informed the Board that years ago there was a small store on this property and at the time , the County rezoned the entire tract Community Business even though only a small part of the property was being used as a store He noted that part of the property would remain as Community Business ; however , the section proposed for residential would need to be rezoned to Agricultural Residential Applicant Ned Coleman , 10406 Covered Bridge Road , Zebulon , stated he would answer any questions the Board had In response to a question from Commissioner Allen L Mims , Jr , Mr Coleman stated he believed the property was better suited for housing than community business Mr Coleman informed the Board he would decide on a possible community business use at a later date for the section of the property that will remain zoned Community Business Mr Gray reported the Planning Board recommended approval of Case 07 - 13 from Community Business to Agricultural Residential There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 13 Decision on Rezoning Case 07 - 13 Case 07 - 13 Petition to rezone 2548 acres of a 3797 acre tract located just west of the southwest corner of Lake Wendell Road SR 1716 and NC Hwy 96 in Wilders Township from Community Business CB to Agricultural Residential AR Tax ID 16L03045B Applicant Ned Coleman Owner Julian N Barham Commissioner Allen L Mims , Jr moved the Board approve rezoning case 07 - 13 , to rezone 2548 acres of a 3797 acre tract located just west of the southwest corner of Lake Wendell Road SR 1716 and NC Hwy 96 in Wilders Township from Community Business CB to Agricultural Residential AR Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 07 - 14 Case 07 - 14 Petition to rezone 107 acres of a 156 acre tract located on 1598 Steven’s Chapel Road SR 2310 approximately 1 10 of a mile south of its intersection with US Hwy 70 East in Boon Hill Township Request is to rezone from Agricultural Residential AR to General Business Tax ID 12M11032J Applicant Owner Rita Stallings Perry The Chairman accepted a request from Commissioner Tony Braswell to abstain from voting on Rezoning Case 07 - 14 Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone 107 acres of a 156 acre tract located on 1598 Steven’s Chapel Road SR 2310 approximately 1 10 of a mile south of its intersection with US Hwy 70 East in Boon Hill Township from Agricultural Residential AR to General Business Mr Gray noted the northern part of this property is zoned General Business while the southern part of the property is zoned Agricultural - Residential Mr Gray pointed out the northern part of the property is within the 500 ft General Business Overlay District of Hwy 70 He stated there is an existing building within the General Business zoning section that the applicant is using as a business and the applicant wishes for the entire property to be zoned General Business to accommodate the additional area including the parking lot PagePage pageNumber7327 July 9 , 2007 – 6 00 pm Continued In response to a question from Commissioner Jeffrey P Carver , Mr Gray verified that the northern part of the property which is zoned General Business is within the 500 ft General Business Overlay District of Hwy 70 and the applicant already has an existing business there Applicant Rita Perry , PO Box 115 , Pine Level , stated she would like for the entire parcel to be zoned General Business and noted she would operate a seasonal business for the purpose of selling tropical plants from February to June during the year Mr Gray reported the Planning Board recommended approval of Case 07 - 14 from Agricultural - Residential to General Business There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 14 Decision on Rezoning Case 07 - 14 Case 07 - 14 Petition to rezone 107 acres of a 156 acre tract located on 1598 Steven’s Chapel Road SR 2310 approximately 1 10 of a mile south of its intersection with US Hwy 70 East in Boon Hill Township Request is to rezone from Agricultural Residential AR to General Business Tax ID 12M11032J Applicant Owner Rita Stallings Perry Commissioner Allen L Mims , Jr moved the Board approve rezoning case 07 - 14 , to rezone 107 acres of a 156 acre tract located on 1598 Steven’s Chapel Road SR 2310 approximately 1 10 of a mile south of its intersection with US Hwy 70 East in Boon Hill Township from Agricultural Residential AR to General Business Commissioner Jeffrey P Carver stated he seconded the motion based on the fact that part of the property is a contiguous tract to land that is already within the 500 ft General Business Overlay District of Hwy 70 , otherwise , he would have asked for the applicant to consider a special use The motion carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , and W Ray Woodall Abstain Tony Braswell The Chairman reopened the Rezoning Hearing for Case 07 - 15 Case 07 - 15 Petition to rezone a 398 acre 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 06D02003 Owner Lottie D Gurganus Applicant Son - Lan Development Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone a 398 acre 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 Mr Gray noted the surrounding zoning is Agricultural Residential and the property is directly across from a request previously heard by the Board last month for General Business near Creekside Subdivision Mr Gray further noted the property was located where Old Drug Store Road empties out onto NC Hwy 50 and the potential realignment of Old Drug Store Road would fall completely within the subject property Curk Lane , True Line Surveying , representing the applicant , informed the Board that the area around the property regarding Rezoning Case 07 - 15 has had some discussion in the past concerning the realignment of Old Drug Store Road and NC Hwy 50 Mr Lane stated the applicant is proposing to realign in conjunction with the Department of Transportation , the intersection of Old Drug Store Road and NC Hwy 50 further north along NC Hwy 50 to allow for greater site distance and provide the storage distance needed for the necessary turn lanes to address the increase in traffic Mr Lane noted the applicant believes this would be a good location for a commercial use Mr Lane requested the Board consider rezoning the property General Business Special Use District and rather than the straight General Business classification Chairman Cookie Pope and Commissioner Wade M Stewart asked for clarification on the request from Mr Lane regarding the consideration of a General Business Special Use District classification Mr Lane verified that the applicant was requesting General Business Special Use District and noted with this classification , the applicant would have to come back before the Board and receive approval on a specific use for the property PagePage pageNumber8328 July 9 , 2007 – 6 00 pm Continued Commissioner Stewart noted that the proposed realignment of Old Drug Store Road and NC Hwy 50 had been discussed at previous meetings and asked for clarification on exactly where the subject property is located in reference to the proposed realignment and also requested assurances that the realignment would take place Mr Lane verified that the subject property is on the south side of what would be the newly realigned intersection and stated the only assurances he could provide were that the surveying and engineering for the realignment has been completed , the Department of Transportation has assigned a project number , and the funding is in place for that project Commissioner Stewart inquired if the applicant had reviewed the revised request of a General Business Special Use District classification with the Planning Department staff Mr Gray reported he had not discussed the revised request with the applicant Chairman Pope expressed concern that the General Business Special Use District request had not been heard by the Planning Board County Manager Rick Hester stated with the Special Use District zoning , specific uses for the subject property would be heard by the Planning Board as well as the Board of Commissioners prior to approval for construction Commissioners Jeffrey P Carver and Tony Braswell called on Mr Gray to address whether or not the Commissioners could approve a General Business Special Use District request that had not been heard by the Planning Board Mr Gray stated the Commissioners could approve the rezoning to General Business Special Use District even though the request that had been heard by the Planning Board was a straight General Business request and noted this had happened on one other occasion However , Mr Gray noted that on the other occasion , the Planning Board had specifically recommended the Special Use District requirement where in Case 07 - 15 , the Planning Board had only recommended denial of a straight General Business classification Mr Gray requested that if the Board chooses to approve a General Business Special Use District , a special condition be placed on the permit that would coincide with the requirements of the Land Development Code , which states the applicant would have one year to submit a specific use for the property Mr Hester noted the Board had considered very few similar situations over the years , but the revised request of General Business Special Use District could be approved , if the Board so chooses Commissioner Carver inquired about a piece of property in the area that would possibly be affected by the realignment of the intersection Mr Lane noted the gentleman that owned the property on the opposite side of what would be the newly created intersection was in the audience and stated there were two access points to that property on a map previously submitted Commissioner Carver stated on the maps that the Commissioners had been provided , he was unable to see the access points referenced by Mr Lane Brian Oldham , 2671 Old Drug Store Road , Garner addressed the Board and stated he was representing his step - father , Mr John Barbour , who owned the property referenced by Commissioner Carver that would be affected by the realignment of the intersection Mr Oldham stated his biggest concern was the realignment would cut off the property and cause a dead - end road which Mr Oldham felt would landlock Mr Barbour’s property Mr Oldham informed the Board that currently , Mr Barbour’s property is at a major intersection and in time would become a valuable asset ; however , if it is cut off and placed at the end of a dead - end road , then the property would not be worth as much In response to a question from Commissioner Stewart , Mr Oldham stated the property is currently accessed from Old Drug Store Road and there was no access on NC Hwy 50 Mr Oldham reviewed with the Board how the property access would change if the project is approved Commissioner Stewart stated he was concerned with how Mr Barbour’s access to his property would be affected and noted Rezoning Case 07 - 15 had become convoluted Commissioner Stewart further stated the Commissioners were used to the requests being reviewed by the Planning staff with recommendations coming from the Planning Board and noted he did not understand the information enough to vote on it There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 15 PagePage pageNumber9329 July 9 , 2007 – 6 00 pm Continued Decision on Rezoning Case 07 - 15 Case 07 - 15 Petition to rezone a 398 acre 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 06D02003 Owner Lottie D Gurganus Applicant Son - Lan Development Commissioner Wade M Stewart made a motion for the applicant to take the revised request of General Business – Special Use District back to the Planning Board for review in advance of a decision by the Board of Commissioners Commissioner Jeffrey P Carver agreed that the issue has become complicated and seconded the motion , which carried by unanimous vote Announcement on Rezoning Case 07 - 16 The Chairman announced that the applicant for Rezoning Case 07 - 16 a petition to rezone the underlying zoning district of a 2678 acre tract from Industrial - 2 I - 2 to General Business Special Use District GB - SUD and to rezone 2822 acres of a 4703 acre tract , for a total of 55 acres , from General Business GB to General Business Special Use District GB - SUD located at 4717 NC 42 Hwy W which is approximately 3 10 of a mile east of its intersection with Cleveland Crossing Drive SR 1628 in Cleveland Township had asked to table their request earlier in the day to allow more time to gather additional information regarding traffic at the proposed location The Chairman reopened the Rezoning Hearing for Case 07 - 17 Case 07 - 17 Petition to rezone approximately 25 acres of a 753 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD located at 16425 Buffalo Road SR 1003 , th which is approximately 3 10 of a mile south of the Wake County Line in Wilders Township Tax ID 16J01008 Applicant Frank Davis Owners Charles Bowman and Annette Brown Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone approximately 25 acres of a 753 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD th located at 16425 Buffalo Road SR 1003 , which is approximately 3 10 of a mile south of the Wake County Line in Wilders Township Mr Gray noted there was a special use application associated with this case to allow for the construction of an office and warehouse building for a commercial roofing company Mr Gray stated the surrounding zonings were Agricultural Residential and noted a few commercial establishments nearby that was grandfathered in which included an automotive repair shop one mile north of the property and a community business special use district to the south at the nearest intersection of Turnip Seed Road and Maggie Way for a plumbing contractor’s office Mr Gray informed the Board the property is within a small subdivision called the Village at Tuscan which was approved by the Planning Board in 2006 as a residential subdivision Applicant Frank Davis , 101 Thomas Place , Knightdale , stated he is the President and Owner of Capital City Roofing and provided the Board with a background on his company Mr Davis noted he began the company in 1999 and has been in the same location for eight years ; however , their landlord passed away a few months ago , hence the reason for the move Mr Davis submitted a letter to the Board dated July 2 , 2007 written by Christy Brinkley , daughter of the previous landlord which describes what type of tenant Capital City Roofing has been Mr Davis informed the Board he has approximately 30 years of roofing experience and currently employs twenty people on four crews with four trucks On an average work week , the crews report to work on Monday morning and do not return until Thursday afternoon due to jobs being scattered across the State of North Carolina Mr Davis noted there had been some concerns regarding materials being delivered to his shop by trucks ; however , he stated most of the materials are delivered directly to the job sites Mr Davis reported the operating hours for the administrative employees would be Monday through Thursday 7 00 am until 5 00 pm and on Friday 8 00 am until 12 00 pm and very seldom did they experience weekend work Mr Davis submitted to the Board a letter of support dated June 25 , 2007 from Joe Poole , Maintenance Director for Caterpillar , who is a client of Capital City Roofing Mr Davis stated in an effort to address the concerns of the neighbors , he felt his character and the character of his company would be hard to equal and noted there are three other businesses within 3 10 of a mile from the proposed site Mr Davis submitted pictures of the businesses in the area that included the tire store and a nursery Mr Davis reported he realized the Planning Board did not recommend approval of the rezoning ; however , he stated that of the twelve adjoining property owners notified only two had showed up in opposition at the Planning Board meeting Page0330 July 9 , 2007 – 6 00 pm Continued Teresa Davis , wife of Frank Davis and Corporate Secretary for Capital City Roofing , addressed the Board and noted after the Planning Board meeting , she realized that people simply did not know who the company was and what they did Mrs Davis informed the Board that she and her husband are property owners in Wake County as well as Carteret County She submitted a letter dated June 1 , 2007 from Mr Wilton Williams who is her neighbor in Wake County , describing the type of neighbor that she and her husband have been Ms Davis also submitted a letter dated July 2 , 2007 from Mr Ellis Bedsworth who is a neighbor in Carteret County describing how the Davis ’ maintain their property in Carteret County Mrs Davis stated if they were allowed to construct their business on the subject property , they would take care of the property to ensure positive advertising for current and future business Richard Thonus , 16733 Buffalo Road , Wendell , stated he was located next to the subject property Mr Thonus informed the Board that when he purchased his property two years ago there were four building lots at the location that were all zoned Agricultural Residential Mr Thonus noted the family that owns one of the lots to the right of the subject property is planning to build a house on the lot Mr Thonus stated there is a house on his lot and the lot to the left of his property is under construction for a house Mr Thonus further stated that he knew of the existing businesses and the cellular tower in the area when he purchased his property ; however , if he had been aware of the Capital City Roofing business on the lot next to him , he would not have purchased his property Mr Thonus expressed his concerns regarding the effect an adjacent commercial business would have on his property values In response to a question from Commissioner Allen L Mims , Jr , Mr Thonus verified the location of his property on a map for the Commissioners Annette Brown , 1212 Golden Field Drive , Knightdale , owner of the subject property , informed the Board that she was familiar with Capital City Roofing and she was unable to see where this business would be a nuisance to the surrounding area Ms Brown stated she had checked the past business of the company and found them to show professionalism in their operations Ms Brown felt Capital City Roofing would provide jobs to the community as well as an increase to the tax base in the County Commissioner Jeffrey P Carver inquired as to how long Ms Brown had owned the subject property Ms Brown reported they had owned the property for approximately one year and verified that the property was originally zoned for residential use Ms Brown stated the property contains approximately 300 feet of road frontage , nothing was located to the right of the land , and the tire store as well as plumbing business is across the road from the subject property Upon a question from Commissioner Tony Braswell , Ms Brown stated she had purchased the property with mixed intentions of possibly storing landscaping equipment for their business , but at the time they were remodeling their own house and have decided to sell the property for financial reasons Commissioner Mims asked if there were any restrictive covenants associated with the lot Ms Brown verified there were none Mr Gray reported the Planning Board recommended denial of Case 07 - 17 from Agricultural Residential to Industrial - 1 Special Use District for the reason that the use did not fit with the residential subdivision There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 17 Decision on Rezoning Case 07 - 17 Case 07 - 17 Petition to rezone approximately 25 acres of a 753 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD located at 16425 Buffalo Road SR 1003 , th which is approximately 3 10 of a mile south of the Wake County Line in Wilders Township Tax ID 16J01008 Applicant Frank Davis Owners Charles Bowman and Annette Brown Commissioner Allen L Mims , Jr stated he tended to agree with the recommendation by the Planning Board and noted the area is not what he would call a commercial or industrial type area Commissioner Mims stated he is aware of the cellular tower as well as a couple of businesses near the intersection ; however , the subject property is part of a subdivision and he believes residential is what was intended Commissioner Mims further stated there are many places in the County that are already zoned properly for such a business as Capital City Roofing and while it may be more expensive than the rural area , this is what was discussed in growth management Commissioner Mims informed everyone he felt it was time the Board protect some of the rural character of the County and moved the Board deny rezoning case 07 - 17 , to rezone approximately 25 acres of aPage1331 July 9 , 2007 – 6 00 pm Continued 753 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD located at th 16425 Buffalo Road SR 1003 , which is approximately 3 10 of a mile south of the Wake County Line in Wilders Township Commissioner Wade M Stewart noted all decisions are tough ; however , he stated this area was originally envisioned as a subdivision , houses are being built , and with that knowledge , he seconded the motion , which carried by the following vote Ayes Commissioners Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , and Tony Braswell Nays Commissioners Cookie Pope and W Ray Woodall The Chairman reopened the Rezoning Hearing for Case 07 - 18 Case 07 - 18 Petition to rezone approximately a 174 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD located at 14882 NC Hwy 50 N , which is th approximately 2 10 of a mile north of its intersection with Old Drugstore Road SR 1524 in Cleveland Township Tax ID 06D02006A Applicant Owner EM Development Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone an approximately 174 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD th located at 14882 NC Hwy 50 N , which is approximately 2 10 of a mile north of its intersection with Old Drugstore Road SR 1524 in Cleveland Township Mr Gray noted the accompanying special use permit would allow for the construction of a storage building and for contractors offices to include a lawn maintenance , land development , and concrete finishing companies Mr Gray pointed out the subject property is near the intersection of Old Drug Store Road and NC Hwy 50 as well as there is an existing home on the site which would be used as an office Mr Gray stated at this time , there does not appear to be very many industrial or commercial businesses in the area and the subject property is located directly across from Creekside Subdivision WR Lambert , 509 N Lincoln Street , Lambert Surveying , Benson , stated he was contacted by the applicants today and was asked to speak at the meeting on their behalf Mr Lambert informed the Board that one of the applicants has a landscaping business and a concrete finishing business as well as the applicants jointly operate a land development business Mr Lambert noted the applicants were requesting the rezoning for the purpose of operating their businesses In response to a question from Commissioner Jeffrey P Carver , Mr Lambert verified that the applicant does own four to five three - quarter ton pickup trucks , lawn mowers which would be housed in a facility to be constructed , as well as equipment associated with the cement finishing business He noted trailers would possibly be attached to the trucks Charles Gregory , 14980 NC Hwy 50 , stated his home is just north of the subject property Mr Gregory expressed his concern regarding the use proposed for the property , especially the cleaning and storing of concrete equipment Mr Gregory informed the Board that he had hoped to develop his land directly behind the subject property into residential lots and he asked the Board to take into consideration that the area has basically been residential and he was concerned of what uses would be added to the area if the rezoning were approved Jay Fuller , 133 Leach Drive , Creekside Subdivision , addressed the Board and expressed his concerns regarding traffic in the area Mr Fuller noted the area was mainly residential and he did not feel the proposed use was good idea for the area Mr Gray reported the Planning Board recommended approval of Case 07 - 18 from Agricultural Residential to Industrial - 1 Special Use District There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 18 Decision on Rezoning Case 07 - 18 Case 07 - 18 Petition to rezone approximately a 174 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD located at 14882 NC Hwy 50 N , which is th approximately 2 10 of a mile north of its intersection with Old Drugstore Road SR 1524 in Cleveland Township Tax ID 06D02006A Applicant Owner EM Development Page2332 July 9 , 2007 – 6 00 pm Continued Commissioner W Ray Woodall moved the Board deny rezoning case 07 - 18 , to rezone an approximately 174 acre tract from Agricultural Residential AR to Industrial - 1 Special Use District I - 1 - SUD located at th 14882 NC Hwy 50 N , which is approximately 2 10 of a mile north of its intersection with Old Drugstore Road SR 1524 in Cleveland Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 07 - 19 Case 07 - 19 Petition to rezone 234 acres of a 4545 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located at the intersection of NC Hwy 42 East and NC Hwy 39 in O’Neal’s Township Tax ID 11N04017J Applicant Amin M Saleh Owner Ozie B Narron Life Estate c o Timothy Narron Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone 234 acres of a 4545 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located at the intersection of NC Hwy 42 East and NC Hwy 39 in O’Neal’s Township Mr Gray noted the accompanying special use permit was to allow for the construction and operation of a convenience store with carwash Mr Gray stated primarily the area surrounding the subject property is Agricultural Residential and noted there were residential properties to the east of the subject property Commissioner Tony Braswell noted that the Planning Board had reached a tie vote , yet a recommendation of denial was submitted to the Commissioners and called on Mr Gray to elaborate Mr Gray reported in the case of the Planning Board , if a tie vote is achieved , the request is automatically denied County Attorney Mark Payne stated the action of the Planning Board did coincide with the Roberts Rules of Order and noted the Planning Board has had a number of tie votes over the years Mr Payne verified that in the event of a tie vote by the Commissioners , the motion would fail Curk Lane , True Line Surveying , stated he was representing the applicant who was out of the country due to a family illness Mr Lane informed the Board that a convenience store is proposed and noted the applicant also manages a store at the intersection of NC Hwy 42 and NC Hwy 222 in the Stancil’s Chapel area Mr Lane stated the carwash that is being proposed would be a drive - through and not a manned or wand type operation Mr Lane noted there had been some questions from the neighbors regarding hours of operation , lighting , and which way the building would be facing Mr Lane stated the building would face NC Hwy 42 and he felt the other issues regarding lighting and hours of operation had previously been addressed In response to a question from Commissioner Jeffrey P Carver , Mr Lane verified that the applicant would continue to operate his existing store at NC Hwy 42 and NC Hwy 222 as well as the new store , if approved Upon a request from Commissioner W Ray Woodall , Mr Lane verified the exact location of the subject property as the southeast corner of Hwy 39 and Hwy 42 Eloise Stevens , 7024 NC Hwy 39 , Selma , noted the subject property is directly across the street from her Ms Stevens expressed her concerns regarding the hours of operation and noted she was speaking in opposition to the rezoning Commissioner Braswell asked Ms Stevens if she would feel more comfortable if the hours of operation were adjusted Ms Stevens stated she would not have as much objection if the hours were adjusted , provided the applicant operated a decent business Michelle Nadeau , 7138 NC Hwy 39 , stated she was located diagonally across from the subject property Ms Nadeau expressed several concerns on the rezoning involving the times of operation , the traffic at the intersection , and the potential noise the store would bring Brenda Creech , 7118 NC Hwy 39 , on the east side of the intersection , expressed her concerns regarding the potential traffic and noise that would be associated with the proposed use Ms Creech stated she did not feel this was a good idea for the area Tim Narron , 9160 NC Hwy 42 , owner of the subject property , addressed the Board and stated he lived next to the subject property Mr Narron reported he has been in the area since 1979 and he has heard otherPage3333 July 9 , 2007 – 6 00 pm Continued residents speak of the need for another store in the area Mr Narron reported he believed the store would be a nice addition to the community and stated the applicant is currently involved in the convenience store business and is sincere about wanting to make the new store a good place of business Mr Narron stated he was aware of the neighbors ’ concerns on the hours of operation and noted the applicant had changed the hours so the store would not be open 24 hours per day Sonny Johnson , 341 Sonny Road , Clayton , addressed the Board and stated he felt the area was a good location for a convenience store Mr Johnson reported that many of the small businesses cannot afford to buy property at places such as the I - 40 NC 42 interchange and community business in his opinion is designed to keep traffic off the road Joe Creech , 7118 NC Hwy 39 , stated he had lived in the area for 58 years and noted his family had a store in the area in the 1940s and 1950s when there was no houses around Mr Creech stated there are other community stores in the area and he expressed his concerns regarding the increase in traffic he felt would be associated with the proposed use Mr Gray reported the Planning Board recommended denial of Case 07 - 19 from Agricultural Residential to Community Business Special Use District for the reason that the use was incompatible with the surrounding area There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 19 Decision on Rezoning Case 07 - 19 Case 07 - 19 Petition to rezone 234 acres of a 4545 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located at the intersection of NC Hwy 42 East and NC Hwy 39 in O’Neals Township Tax ID 11N04017J Applicant Amin M Saleh Owner Ozie B Narron Life Estate c o Timothy Narron Commissioner W Ray Woodall stated he was very familiar with the area and noted that many accidents had occurred at the intersection Commissioner Woodall stated he did not believe this was the proper location to put a store , based on the number of accidents he was aware of and moved the Board deny rezoning case 07 - 19 , to rezone 234 acres of a 4545 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located at the intersection of NC Hwy 42 East and NC Hwy 39 in O’Neals Township Commissioner Tony Braswell seconded the motion Further Discussion Commissioner Allen L Mims , Jr stated he was torn on this issue and noted he did not believe it would create a lot more traffic ; however , he expressed concerns regarding the existing driveways and the current formation of the intersection Commissioner Mims stated he could support the denial based on the subject property’s relation to the intersection Commissioner Jeffrey P Carver stated the community needed to show support and say what is needed in their area Commissioner Carver noted he had only heard the applicant and the seller of the property say the store was needed in this case Commissioner Wade M Stewart stated he had been through the area many times and had often wondered why a convenience store was not located there Commissioner Stewart noted he felt that traffic would not be a significant problem and the store would possibly even slow traffic Commissioner Stewart asked where would the stores be put , if not at intersections , and stated he could not support the denial The motion carried by the following vote Ayes Commissioners W Ray Woodall , Allen L Mims , Jr , Jeffrey P Carver , and Tony Braswell Nays Commissioners Cookie Pope and Wade M Stewart The Chairman reopened the Rezoning Hearing for Case 07 - 20 Case 07 - 20 Petition to rezone a one 1 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located on Stevens Chapel Road SR 2310 ,Page4334 July 9 , 2007 – 6 00 pm Continued approximately a ¼ mile south of its intersection with US Hwy 70 East in Boon Hill Township Tax ID 04N12005C Applicant Timothy Overbee Owner Jordan Overbee Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone a one 1 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located on Stevens Chapel Road SR 2310 , approximately one fourth of a mile south of its intersection with US Hwy 70 East in Boon Hill Township Mr Gray reported the accompanying special use was to allow for the construction of a triplex Mr Gray stated this was the first request for a special use involving a multi - family unit that the Board has considered and noted that anything over a duplex required a special use permit in the Agricultural Residential District Mr Gray stated the surrounding area consisted of agricultural residential uses and noted the applicant’s family owned property adjacent to the proposed use Applicant Tim Overbee , PO Box 593 , Pine Level , stated his son is the owner of the land and he is the adjacent landowner Mr Overbee informed the Board he had received letters of support previously submitted to the Planning Board from the adjoining landowners He was aware of no opposition Mr Gray reported the Planning Board recommended approval of Case 07 - 20 from Agricultural Residential to Agricultural Residential Special Use District In response to a question from Commissioner Allen L Mims , Jr , Mr Gray reported the Planning staff was unaware of any restrictive covenants on the subject property Mr Overbee reported the subject property is the side lot to a subdivision ; however , the remaining lots are fully developed and there were no restrictive covenants There being no further comments , the Chairman closed the Rezoning Hearing for Case 07 - 20 Decision on Rezoning Case 07 - 20 Case 07 - 20 Petition to rezone a one 1 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located on Stevens Chapel Road SR 2310 , approximately a ¼ mile south of its intersection with US Hwy 70 East in Boon Hill Township Tax ID 04N12005C Applicant Timothy Overbee Owner Jordan Overbee Commissioner W Ray Woodall moved the Board approve rezoning case 07 - 20 , to rezone a one 1 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located on Stevens Chapel Road SR 2310 , approximately one fourth of a mile south of its intersection with US Hwy 70 East in Boon Hill Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 07 - 20 Case 07 - 20 Application to allow for the construction of a triplex Applicant Timothy Overbee Owner Jordan Overbee Those wishing to speak on Special Use Case 07 - 20 were sworn in by the Clerk to the Board Berry Gray , Assistant Planning and Zoning Director , introduced the special use case and stated the request is to allow for the construction of a triplex Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 20 on March 2 , 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 Page5335 July 9 , 2007 – 6 00 pm Continued • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On May 15 , 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning and Special Use Case 07 - 20 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Browder , and carried unanimously 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 07 - 20 , 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 Proposal of triplex will not have any negative impact to the public health , safety , or general welfare of the adjoining landowners and neighbors Staff The proposed development will be operated and constructed through proper permitting and inspections to continue to maintain and promote the safety , health , and general welfare of the public 2 That the use or developme