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

10 360 Meeting of the Johnston County Board of Commissioners August 6 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 6 , 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 Cookie Pope called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Johnston County Schools – Designation of Lottery Revenue tabled item from the 10 00 am meeting Ann Williams , Associate Superintendent of Facilities Services for Johnston County Schools , provided requested information to the Board regarding the designation of lottery revenue , concerning how the funds would be spent on the specific projects Ms Williams submitted and reviewed the following information with the Board Budget Transfer Requests Requesting that lottery proceeds 2,153,457 be transferred into the following accounts a Micro Pine Level - 100,000 for new standing seam metal roof for K - 1 building b Cooper Elementary - 200,000 for cafeteria furniture , new gym floor , and new gym bleachers c South Smithfield - 100,000 for new classroom furniture , cafeteria furniture , admin furniture , and media center furniture d Archer Lodge Middle School - 770,523 to fund Part II of Coats Grading contract e Archer Lodge Middle School - 982,934 to fund i Classroom , media , admin , cafeteria furniture - 376,000 ii Library books - 120,000 iii Computers - 186,934 iv Other Technology - 100,000 v Athletic equipment - 50,000 vi Instructional equipment - 150,000 Commissioner Allen L Mims , Jr questioned if lottery funds could be used for furniture , books , etc Ms Williams reported lottery funds can be used for construction , anything related to new construction , and also for debt service In response to a question from Commissioner Jeffrey P Carver , Ms Williams reported the items related to Archer Lodge Middle School have been ordered and are being received Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Jeffrey P Carver and carried by unanimous vote , the Board approved the designation of lottery revenue , as follows with corresponding budget revision Micro – Pine Level Elementary 100,00000 Cooper Elementary 200,00000 South Smithfield Elementary 100,00000 Archer Lodge Middle 1,753,45700 Total 2,153,45700Page361 August 6 , 2007 – 6 00 pm Continued FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 63001050 Lottery Projects – School 2,153,45700 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 2,153,45700 B Proclamation – Greater Cleveland Chamber of Commerce Strawberry Festival Day tabled item from the 10 00 am meeting Don Wells , representing the Board of Directors of the Greater Cleveland Chamber of Commerce , provided background information to the Board regarding the annual Strawberry Festival held in the Cleveland area of Johnston County Mr Wells informed the Board that over the last eight years , the Strawberry Festival has grown to an estimated 10,000 festival goers each year Mr Wells reported that due to the increase in size of attendance , the Department of Transportation has indicated the festival date should be formally declared by the Board of Commissioners He requested the Board consider proclaiming the fourth Saturday in April as “ Strawberry Festival Day ” and asked if there were any questions Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner DeVan Barbour and carried unanimously , the Board declared the fourth Saturday in April as “ Strawberry Festival Day ” by adoption of the following proclamation P R O C L A M A T I O N STRAWBERRY FESTIVAL DAY WHEREAS , for the past eight years , the Greater Cleveland Chamber of Commerce has held the annual Strawberry Festival in April ; and WHEREAS , the residents of the Cleveland Community in Johnston County , North Carolina and the surrounding area are privileged to enjoy the annual Strawberry Festival ; and WHEREAS , the Strawberry Festival draws approximately 10,000 festival - goers each year to partake in the celebration NOW , THEREFORE , the Johnston County Board of Commissioners does hereby proclaim the fourth Saturday in April as “ Strawberry Festival Day ” in the Cleveland Township of Johnston County , and urges our citizens to commend its observance th Proclaimed this the 6 day of August , 2007 2 Second Vote – Land Development Code – Section 14 - 75 AR b Permitted Uses – Commercial Vehicles Planning Director Berry Gray outlined the amendment for the Board The vote to approve the proposed amendment was not unanimous at the July 9 , 2007 meeting ; therefore a second vote was required Commissioner W Ray Woodall moved the Board approve the amendment to the County Code of Ordinances , Land Development Code Section 14 - 75 AR b Permitted Uses – Commercial Vehicles , seconded by Commissioner Jeffrey P Carver and carried by the following vote Ayes Commissioners Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays Commissioners Cookie Pope and Wade M Stewart 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 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 Page362 August 6 , 2007 – 6 00 pm Continued 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 three commercial vehicles is required a special use permit with the vehicle s setback 250 ’ from the front property line and 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 3 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – July 27 and July 31 , 2007 Certified letters were mailed to adjoining property owners on July 26 , 2007 Notices were posted at the locations on June 5 , 2007 for Cases 07 - 21 ; 07 - 22 ; and 07 - 23 The Chairman opened the Rezoning Hearing for Case 07 - 21 Case 07 - 21 Petition to rezone approximately 6028 acres of a 7771 acre tract from Agricultural Residential AR to General Business Special Use District GB - SUD located on US 701 South , which is approximately ½ of a mile south of its intersection with Barefoot Road SR 1132 in Bentonville Township Tax ID 02K17024A Applicant K Robin Canady Owner Susan Aiken Canady Planning Director Berry Gray stated this was a petition to rezone approximately 6028 acres of a 7771 acre tract from Agricultural Residential AR to General Business Special Use District GB - SUD located on US 701 South , which is approximately one half of a mile south of its intersection with Barefoot Road SR 1132 in Bentonville Township Mr Gray noted there was a special use application associated with the rezoning to allow for the construction and operation of an automobile sales service business Mr Gray reported the surrounding area was rural and there was minimal development Applicant Robin Canady , 48 Tangueray Drive , Smithfield , addressed the Board and stated the land belonged to his family and he would be glad to answer any questions In response to a question from Commissioner Allen L Mims , Jr , Mr Canady reported he would be operating the proposed business Mr Gray reported the Planning Board recommended approval of Case 07 - 21 from Agricultural Residential AR to General Business Special Use District GB - SUD There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 21 Decision on Rezoning Case 07 - 21 Case 07 - 21 Petition to rezone approximately 6028 acres of a 7771 acre tract from Agricultural Residential AR to General Business Special Use District GB - SUD located on US 701 South , which is approximately ½ of a mile south of its intersection with Barefoot Road SR 1132 in Bentonville Township Tax ID 02K17024A Applicant K Robin Canady Owner Susan Aiken Canady Commissioner Wade M Stewart moved the Board approve rezoning case 07 - 21 , to rezone approximately 6028 acres of a 7771 acre tract from Agricultural Residential AR to General Business Special Use District GB - SUD located on US 701 South , which is approximately one half of a mile south of its intersection with Barefoot Road SR 1132 in Bentonville Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Page363 August 6 , 2007 – 6 00 pm Continued The Chairman opened the Special Use Hearing for Case 07 - 21 Case 07 - 21 Application to allow for the construction and operation of an automobile sales service business Applicant K Robin Canady Owner Susan Aiken Canady Those wishing to speak on Special Use Case 07 - 21 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the construction and operation of an automobile sales service business Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 21 on June 1 , 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 June 19 , 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 21 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Edwards , and carried by a unanimous vote of 5 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 07 - 21 , based on and subject to the following findings of fact and special conditions 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 Hwy 701 is a high traffic area This development is better on the road frontage than current residential and much safer than family homes Staff The proposed auto service center will practice safe handling of any automotive fluids , lubricants , etc Security lighting will be installed , and normal hours of operation will promote the public health , safety , and general welfare 2 That the use or development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant This development allows for a transition area from high traffic road frontage to future residential development Staff This location , on an arterial street , will be able to serve the daily convenience and personal service needs of an immediate area , and countywide or regional commercial and service needs as the General Business District in intended to do 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Hwy 701 is a high traffic area This site will provide space for local business owners to take advantage of the location Staff Landscape buffering requirements , 40 ’ max building height limitation and special use conditions will be enforced to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Hwy 701 is a major roadway providing a direct access to Smithfield for I - 40 and Newton Grove High traffic makes it better suited for commercial use Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff PagePage pageNumber5364 August 6 , 2007 – 6 00 pm Continued 3 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet May leave existing natural vegetation if more intense than the buffer requirement 4 Hours of Operation 8 00am - 6 00pm Monday - Saturday 5 No overnight , outdoor storage of vehicles awaiting repair unless surrounded by an 8 ’ high opaque fence 6 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 7 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 8 Signage must comply with the sign code and obtain proper permits 9 Must obtain commercial driveway permit and comply with any traffic improvements as required by NCDOT 10 No painting or body work will take place on site Mr Gray reported the surrounding area was very rural in nature and contained a natural vegetative buffer around the property Mr Gray noted one of the special use conditions pertained to a buffer ; however , due to the natural vegetation being more intense , it could be substituted for the planting of a buffer Mr Gray stated there would not be any painting or bodywork that would take place on the property There will be some cleanup of vehicles before they are put on the lot for sale ; however , it would not include any heavy maintenance , based on the application Applicant Robin Canady stated he understood the special use conditions and noted the driveway application has been sent to the Department of Transportation Commissioner Allen L Mims , Jr inquired as to the number of vehicles the applicant intended on having on the lot at one time Mr Canady reported the business is a slow process and would not be a full dealership in the beginning Mr Canady stated there may be approximately ten vehicles at the most Mr Gray reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the special use application for case 07 - 21 to allow for the construction and operation of an automobile sales service business There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 21 Decision on Special Use Case 07 - 21 Case 07 - 21 Application to allow for the construction and operation of an automobile sales service business Applicant K Robin Canady Owner Susan Aiken Canady Based on the following findings of fact and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant Robin Canady to allow for the construction and operation of an automobile sales service business on approximately 6028 acres of a 7771 acre tract located on US 701 South , which is approximately one half of a mile south of its intersection with Barefoot Road SR 1132 in Bentonville Township Commissioner Tony Braswell 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 ; Hwy 701 is a high traffic area This development is better on the road frontage than current residential and much safer than family homes The proposed auto service center will practice safe handling of any automotive fluids , lubricants , etc Security lighting will be installed , and normal hours of operation will promote the public health , safety , and general welfare 2 That the use or development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; This development allows for a transition area from high traffic road frontage to future residential development This location , on an arterial street , will be able to serve the daily convenience and personal service needs of an immediate area , and countywide or regional commercial and service needs as the General Business District in intended to do 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Hwy 701 is a high traffic area This site will provide space for local business owners to take advantage of the location Landscape buffering requirements , 40 ’ max building height limitation and special use conditions will be enforced to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners PagePage pageNumber6365 August 6 , 2007 – 6 00 pm Continued Hwy 701 is a major roadway providing a direct access to Smithfield for I - 40 and Newton Grove High traffic makes it better suited for commercial use Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet May leave existing natural vegetation if more intense than the buffer requirement 4 Hours of Operation 8 00am - 6 00pm Monday - Saturday 5 No overnight , outdoor storage of vehicles awaiting repair unless surrounded by an 8 ’ high opaque fence 6 All automotive fluids and lubricants must be recycled or disposed of in the appropriate manner as required by law 7 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 8 Signage must comply with the sign code and obtain proper permits 9 Must obtain commercial driveway permit and comply with any traffic improvements as required by NCDOT 10 No painting or body work will take place on site The Chairman reopened the Rezoning Hearing for Case 07 - 22 Case 07 - 22 Petition to rezone approximately 311 acres of a 1697 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located at 3735 NC 50 South , Benson , which is approximately ¾ of a mile northwest of its intersection with Five Points Road SR 1176 in Banner Township Tax ID 01G12060E Applicant Joe E Godwin , Sr Owner Joe E Godwin , Sr Planning Director Berry Gray stated this was a petition to rezone approximately 311 acres of a 1697 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located at 3735 NC 50 South , Benson , which is approximately ¾ of a mile northwest of its intersection with Five Points Road SR 1176 in Banner Township Mr Gray noted there was a special use application associated with the rezoning to allow for the operation of a wine and fruit production and processing business Mr Gray reported the production of grapes is exempt from code under Agricultural Residential ; however , since the applicant is proposing to open a retail store at the location and sell product , then the structure would be deemed a business and therefore the rezoning is required Mr Gray stated the surrounding area consisted of agricultural residential as well as a general business use for an automobile sales lot Applicant Joe Godwin , Sr , 7778 Meadowbrook Road , Benson , addressed the Board and stated he wished to open a winery and sell product at some point and would require the rezoning to do so Mr Gray reported the Planning Board recommended approval of Case 07 - 22 from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 22 Decision on Rezoning Case 07 - 22 Case 07 - 22 Petition to rezone approximately 311 acres of a 1697 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located at 3735 NC 50 South , Benson , which is approximately ¾ of a mile northwest of its intersection with Five Points Road SR 1176 in Banner Township Tax ID 01G12060E Applicant Joe E Godwin , Sr Owner Joe E Godwin , Sr Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 22 , to rezone approximately 311 acres of a 1697 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD located at 3735 NC 50 South , Benson , which is approximately ¾ of a mile northwest of its intersection with Five Points Road SR 1176 in Banner Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 07 - 22 Case 07 - 22 Application to allow for the operation of a wine and fruit production and processing business Applicant Joe E Godwin , Sr Owner Joe E Godwin , Sr Those wishing to speak on Special Use Case 07 - 22 were sworn in by the Clerk to the Board PagePage pageNumber7366 August 6 , 2007 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a wine and fruit production and processing business Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 22 on April 27 , 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 June 19 , 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 22 and made the following recommendations Upon a motion by Mr Hines , seconded by Mr Moore , and carried by a unanimous vote of 5 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 07 - 22 , based on and subject to the following findings of fact and special conditions 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 No determent to the public health and general welfare of the general public will be affected by the change in use of this property Security lighting will be provided Staff Normal hours of operation along with proper permits acquired from both state and local officials will maintain and promote the public health , safety , and general welfare 2 That the use or development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant No change in the intended use of this property is expected with regards to farming agricultural products All local , state , and federal regulations will be followed Staff The proposed development seems to be compatible with the rural , agricultural nature of the neighborhood Growing grapes , blueberries , etc and the processing of such goods are all allowed in the AR district When money is collected and the public is brought on site for such things as a winery , a Special Use is required 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The use of this property will be performed in such a manner that will only enhance the value of the contiguous properties Staff This project will have minimal impact both visually or environmentally The Special Use Conditions listed below will provide measures to protect surrounding residences and land to help maintain the value of contiguous property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The use of this development will comply with all codes and conditions that may be placed in this development by the Board of Commissioners Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 4 Signage must comply with the sign code and obtain proper permits 5 Must obtain commercial driveway permit and comply with any traffic improvements as required by NCDOT 6 Installation of at least a Class B buffer along the rear property rezoning line 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet ; provided all rezoning lines remain buffered at equal or greater intensity 7 Hours of Operation 8 30am - 10 00pm Monday - Saturday 8 Must obtain proper permits from the State ABC department 9 No sewer availability Must obtain commercial sized septic from Environmental Health 10 Must fence around irrigation pond PagePage pageNumber8367 August 6 , 2007 – 6 00 pm Continued Mr Gray specifically noted special condition # 6 and stated the Planning Board adjusted this condition so the Class B buffer will only be required for the rear property line since the agricultural use of the vineyard will be a sufficient buffer in itself on all other rezoning lines Mr Gray also noted the irrigation pond on the site plan and stated the Planning Board recommended special condition # 10 to allow for fencing around the irrigation pond Commissioner Wade M Stewart questioned how close the irrigation pond was to the proposed use Mr Gray reported the pond was directly adjacent , hence the special use requirement for a fence around the pond Applicant Joe Godwin , Sr stated he understood the special use conditions Mr Gray reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the special use application for case 07 - 22 to allow for the operation a wine and fruit production and processing business There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 22 Decision on Special Use Case 07 - 22 Case 07 - 22 Application to allow for the operation of a wine and fruit production and processing business Applicant Joe E Godwin , Sr Owner Joe E Godwin , Sr Based on the following findings of fact and the special use conditions , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Applicant Joe E Godwin , Sr to allow for the operation of a wine and fruit production and processing business on approximately 311 acres of a 1697 acre tract located at 3735 NC 50 South , Benson , which is approximately ¾ of a mile northwest of its intersection with Five Points Road SR 1176 in Banner Township Commissioner DeVan Barbour 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 ; No determent to the public health and general welfare of the general public will be affected by the change in use of this property Security lighting will be provided Normal hours of operation along with proper permits acquired from both state and local officials will maintain and promote the public health , safety , and general welfare 2 That the use or development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; No change in the intended use of this property is expected with regards to farming agricultural products All local , state , and federal regulations will be followed The proposed development seems to be compatible with the rural , agricultural nature of the neighborhood Growing grapes , blueberries , etc and the processing of such goods are all allowed in the AR district When money is collected and the public is brought on site for such things as a winery , a Special Use is required 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The use of this property will be performed in such a manner that will only enhance the value of the contiguous properties This project will have minimal impact both visually or environmentally The Special Use Conditions listed below will provide measures to protect surrounding residences and land to help maintain the value of contiguous property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The use of this development will comply with all codes and conditions that may be placed in this development by the Board of Commissioners Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 4 Signage must comply with the sign code and obtain proper permits 5 Must obtain commercial driveway permit and comply with any traffic improvements as required by NCDOT 6 Installation of at least a Class B buffer along the rear property rezoning line 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet ; provided all rezoning lines remain buffered at equal or greater intensity 7 Hours of Operation 8 30am - 10 00pm Monday - Saturday 8 Must obtain proper permits from the State ABC department PagePage pageNumber9368 August 6 , 2007 – 6 00 pm Continued 9 No sewer availability Must obtain commercial sized septic from Environmental Health 10 Must fence around irrigation pond The Chairman reopened the Rezoning Hearing for Case 07 - 23 Case 07 - 23 Petition to rezone approximately 383 acres of a 6247 acre tract from Agricultural Residential AR to Industrial 1 Special Use District I1 - SUD located off of Covered Bridge Road SR 1700 , which is just east of its intersection with Old Eason Road SR 1739 in Wilders Township Tax ID 16L03012 Applicant Julian Barham Owners Julian N Barham and wife Planning Director Berry Gray stated this was a petition to rezone approximately 383 acres of a 6247 acre tract from Agricultural Residential AR to Industrial 1 Special Use District I1 - SUD located off Covered Bridge Road SR 1700 , which is just east of its intersection with Old Eason Road SR 1739 in Wilders Township Mr Gray noted there was a special use application associated with the rezoning to allow for the operation of a wood chipping business Mr Gray reported the property was located well off the main road and was completely surrounded by the applicant’s property He noted surrounding zonings of agricultural residential and stated the nearest residence , not owned by the applicant’s family , was ¼ of a mile away Ned Coleman , 10406 Covered Bridge Road , Clayton , stated he was representing the applicant due to a death in the family Mr Coleman asked if the Board had any questions Commissioner Jeffrey P Carver wanted to clarify that this operation would not be a stump dump , in that the business would be a wood chipping operation where material is received , processed , and sent back out Mr Coleman stated nothing would be buried on the property , and that material would come in for processing and be sent back out In response to a question from Commissioner Allen L Mims , Jr , Mr Coleman stated the applicant’s current permit allows 6,000 cubic yards of material in and out of the site each quarter with a maximum of 6,000 cubic yards of material on - site at any given time He noted if the rezoning were approved , then in the future they could allow for a larger permit Mr Coleman stated the applicant does not wish to have a stockpile ; however , some is necessary Mr Coleman informed the Board that the small operation currently existing has been more of pallets and smaller pieces of wood from a truss plant , rather than land clearing debris Commissioner Mims expressed a concern with stockpiling material more than 10 feet high and noted there was a potential fire hazard with this scenario Mr Coleman stated the operation must have some debris on site at all times ; however , the permit would dictate how much would be allowed He noted the idea is to have machinery onsite to process material in an adequate interval Mr Gray reported the Planning Board recommended approval of Case 07 - 23 from Agricultural Residential AR to Industrial 1 Special Use District I1 - SUD There being no further comments , the Chairman closed the Rezoning Hearing for Case 07 - 23 Decision on Rezoning Case 07 - 23 Case 07 - 23 Petition to rezone approximately 383 acres of a 6247 acre tract from Agricultural Residential AR to Industrial 1 Special Use District I1 - SUD located off of Covered Bridge Road SR 1700 , which is just east of its intersection with Old Eason Road SR 1739 in Wilders Township Tax ID 16L03012 Applicant Julian Barham Owners Julian N Barham and wife Commissioner Tony Braswell moved the Board approve rezoning case 07 - 23 , to rezone approximately 383 acres of a 6247 acre tract from Agricultural Residential AR to Industrial 1 Special Use District I1 - SUD located off of Covered Bridge Road SR 1700 , which is just east of its intersection with Old Eason Road SR 1739 in Wilders Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 07 - 23 Page0369 August 6 , 2007 – 6 00 pm Continued Case 07 - 23 Application to allow for the operation of a wood chipping business Applicant Julian Barham Owners Julian N Barham and wife Those wishing to speak on Special Use Case 07 - 23 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a wood chipping business Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 23 on March 21 , 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 June 19 , 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 23 and made the following recommendations Upon a motion by Mr DeLaine , seconded by Mr Hines , and carried by a unanimous vote of 5 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 07 - 23 , based on and subject to the following findings of fact and special conditions 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 To be used for mulch chipping Staff The nearest resident is over a ¼ mile away Site is not located within a floodplain , wetlands , or special environmental area Barham Farm is surrounding the proposed location and all state and local regulations will be followed to maintain the public health , safety , and general welfare 2 That the use or development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Is in current compliance Staff There are no specific standards within our Land Development Code for a Land Clearing Debris Treatment and Processing , however , the applicant will be required to abide by all NCDENR requirements under 15A NCAC 14B 0300 Mr Barham does currently have state approval for a two acre facility of the same nature on a separate parcel of land near his greenhouse and hog farm 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 Property does not harm adjoining property Staff Due to recent closing of a facility , the county does have a present need for a recycling facility of this nature A local stump dump will reduce the amount of yard waste , limbs , and trees , brought to the county’s landfill 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Use is industrial agricultural Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation limited to 7am - 7pm Monday thru Saturday 4 Any dyes used will be of non - toxic and organic nature 5 Applicant must obtain all necessary state permits and fulfill all requirements with the state’s Solid Waste Management 6 Applicant will sell wood chips and mulch to wholesalers only 7 No walk - in traffic or retail sales will be allowed on site 8 Land Clearing Waste to include stumps , trees , limbs , and leaves only 9 No burying will be allowed on site All materials must be recycled and hauled off site Page1370 August 6 , 2007 – 6 00 pm Continued Mr Gray outlined the special use conditions and noted regarding item # 8 , the land clearing waste would include stumps , trees , limbs , and leaves only and would consist of no actual construction debris Commissioner Wade M Stewart questioned special condition # 8 regarding no actual construction debris when it amounts to wood Mr Gray reported the Planning Board went by the applicant’s request Chairman Cookie Pope stated she thought she had heard the applicant reference construction debris by mentioning pallets Mr Coleman stated the applicant was mainly looking at a facility for land clearing debris and noted under the permit they have now from the State , construction debris that is only non - treated wood is allowable which includes pallets , two by fours , or stick lumber Mr Coleman stated treated or painted lumber is not allowed ; that they could only receive wood products that have not been treated or painted Mr Coleman asked for clarification on what exactly is allowed under the rezoning and special use permit County Attorney Mark Payne stated the Board could revise the special conditions to make sure the applicant could accept land clearing waste to include stumps , trees , limbs , and leaves only ; including non - hazardous wood products Mr Gray reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the special use application for case 07 - 23 to allow for the operation a wood chipping business and stated staff would have no concerns with the adjustment of condition # 8 to address non - hazardous wood products There being no further comments , the Chairman closed the Special Use Hearing for Case 07 - 23 Decision on Special Use Case 07 - 23 Case 07 - 23 Application to allow for the operation of a wood chipping business Applicant Julian Barham Owners Julian N Barham and wife Based on the following findings of fact and the special use conditions with revisions to special condition # 8 attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant Julian Barham to allow for the operation of a wood chipping business on approximately 383 acres of a 6247 acre tract located off of Covered Bridge Road SR 1700 , which is just east of its intersection with Old Eason Road SR 1739 in Wilders Township Commissioner Tony Braswell 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 ; To be used for mulch chipping The nearest resident is over a ¼ mile away Site is not located within a floodplain , wetlands , or special environmental area Barham Farm is surrounding the proposed location and all state and local regulations will be followed to maintain the public health , safety , and general welfare 2 That the use or development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Is in current compliance There are no specific standards within our Land Development Code for a Land Clearing Debris Treatment and Processing , however , the applicant will be required to abide by all NCDENR requirements under 15A NCAC 14B 0300 Mr Barham does currently have state approval for a two acre facility of the same nature on a separate parcel of land near his greenhouse and hog farm 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 ; Property does not harm adjoining property Due to recent closing of a facility , the county does have a present need for a recycling facility of this nature A local stump dump will reduce the amount of yard waste , limbs , and trees , brought to the county’s landfill 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 Page2371 August 6 , 2007 – 6 00 pm Continued Use is industrial agricultural Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation limited to 7am - 7pm Monday thru Saturday 4 Any dyes used will be of non - toxic and organic nature 5 Applicant must obtain all necessary state permits and fulfill all requirements with the state’s Solid Waste Management 6 Applicant will sell wood chips and mulch to wholesalers only 7 No walk - in traffic or retail sales will be allowed on site 8 Land Clearing Waste to include stumps , trees , limbs , and leaves only ; including non - hazardous wood products 9 No burying will be allowed on site All materials must be recycled and hauled off site 4 Public Hearing Town of Kenly Request for ETJ Extension Advertised – In The Smithfield Herald – July 27 and July 31 , 2007 The Chairman opened the public hearing and stated the hearing was to give the Town of Kenly an opportunity to present a request to extend their ETJ and receive citizen input on the matter Kenly Town Manager Scott Shelton and Kenly Mayor HL Hales addressed the Board and stated the Town of Kenly is requesting an extension of their ETJ Mr Shelton outlined the Town’s responses to the criteria established by the Board when considering such requests as follows 1 The area is within the statutory framework for ETJ Certain Johnston County municipalities have special legislation allowing the county to approve a request for ETJ expansions up to 2 miles ; the included map shows the area being considered to be within that criterion as denoted on the map 2 The town has demonstrated a commitment to sound planning The Town of Kenly has a Planning Board comprised of town citizens as well as representatives from the ETJ that meets on a regular basis to review our Zoning Ordinances and discuss the long term growth of the area The Town of Kenly recently began funding a part - time employee to enforce zoning and public nuisance regulations 3 The town has made a commitment to sound planning as necessary to serve the area with managed services in the future The Town of Kenly has provided water and sewer service to portions of this area for several years The Town has also begun a major renovation and upgrade of its sewer lift stations in order to accommodate future growth 4 The area has a logical , social , or geographic connection with the municipality The area under consideration lies mainly within the delivery lines of the Kenly Post Office The majority of children in this area attend the same schools as children from Kenly Many of these children and their parents are active in Kenly area churches and recreation programs Mr Shelton stated he as well as Mayor Hales would be glad to answer any questions the Board had Commissioner Tony Braswell questioned the area around Exit # 105 on Interstate 95 near Bagley Road Mr Shelton reported the property belonging to Big Boys Truck Stop , Waste Industries , as well as Aycock Auto Auction is satellite annexed into the Town of Kenly limits In response to questions from Commissioner Braswell regarding the boundary outline of the proposed ETJ expansion , Mr Shelton stated the unusual pattern on the map submitted to the Board probably had to do with not splitting up properties Upon a question from Commissioner DeVan Barbour , Mr Shelton verified that the County’s Geographic Information Service office created the maps at the request of the Town of Kenly Mr Shelton verified to the Board that Kenly had no boundary issues with any other municipalities in Johnston County At the request of County Manager Rick Hester , Mr Shelton further verified that if the Town of Kenly wanted to extend their ETJ within Wilson County , the Kenly Town Council would have to address Wilson County Mr Shelton noted if approved by the Johnston County Commissioners , the Town’s ETJ would consist of two miles inside Johnston County and remain one mile inside Wilson County Commissioner Allen L Mims , Jr asked Mr Shelton to comment on how recent the Town of Kenly’s zoning ordinance is as well as the part - time employee situation enforcing zoning and public nuisance matters Page3372 August 6 , 2007 – 6 00 pm Continued Mr Shelton reported the zoning ordinance was adopted in 1994 and various amendments have been made since that time Mr Shelton stated depending on the nature of the project , the Town would bring in an outside consultant to assist with projects such as a strategic plan or a downtown development plan Commissioner Mims questioned if the citizens would be better served by County staff versus a part - time person Mr Shelton acknowledged the Town does not have as many people appropriated to planning as the County does Mr Shelton stated he believed based on the area the Town is currently serving , the current ordinance was adequate ; however , noted the new area may require further study because this is where most of Kenly’s growth is coming from Mr Shelton stated Exits # 105 and # 106 on Interstate 95 provided a large amount of sales tax receipts for the Town of Kenly Mr Shelton informed the Board that if the request is approved , one of the first items of business would be to have the Town’s Planning Board study the area to see what needs to be done Mayor HL Hales stated on behalf of the Kenly Town Council , he appreciated the Board’s consideration in the matter Commissioner Jeffrey P Carver stated he felt Kenly was doing a good job addressing the infrastructure needs in the Town He encouraged the Town to continue their efforts Commissioner Carver informed everyone that nothing would be decided tonight ; that all the ETJ extension requests would be considered together and the issue would be addressed equally and fairly to all municipalities in the next few months There being no further comments , the Chairman closed the public hearing 5 Call for Public Hearing Sign Code Amendment Planning Director Berry Gray requested the Board schedule a public hearing to discuss proposed Sign Code amendments and noted at the March 2007 meeting , the Board of County Commissioners requested staff to look into rewording the sign code to remove the maximum wall sign square footage of 100 sq ft The Chairman called for the public hearing to be scheduled for the September 4 , 2007 6 00 pm meeting 6 Informational Item General Business vs Community Business Comparison Mr Gray reported staff has provided a comparison of the General Business zoning versus the Community Business zoning at request of the Board of Commissioners The evaluation has been shared with the Planning Board , which requested that staff forward the evaluation to the Commissioners for review Mr Gray outlined the comparison as follows , and noted no action is requested by the Planning Board or staff at this time Bolded under the General Business column are the uses allowed within that district that are specifically not allowed within the Community Business District GENERAL BUSINESS COMMUNITY BUSINESS 1 Adult day care 2 Automotive repair 3 Automotive parts sales 1 Automotive Parts Sales 4 Automotive sales 2 Automotive Sales 5 Bank 3 Bank 6 Barber beauty shop 4 Barber beauty shop 7 Building materials supply 5 Building materials supply 8 Business , office type 6 Business , office type 9 Business , retail and wholesale 7 Business , retail and wholesale 10 Campgrounds 11 Car wash 8 Car wash 12 Child day care 9 Child day care 13 Club 14 College university school 15 Funeral home 10 Funeral Home 16 Group care facility 17 Hospital 18 Hotel or motelPage4373 August 6 , 2007 – 6 00 pm Continued 19 Kennel 20 Libraries museums art galleries 11 Libraries museums art galleries 21 Ministorage facilities 22 Mobile homes and recreation vehicles sales lot 23 Physical culture and reducing salons 12 Physical culture and reducing salons 24 Place of worship 13 Place of worship 25 Public use facility 14 Public use facility 26 Publishing and or printing 27 Recreation facility , indoor 15 Recreation facility , indoor 28 Research activities , nonmanufacturing 29 Residential dwelling unit at a density of two units 16 Residential dwelling unit at a density of two units per acre when located within a commercial per acre when located within a commercial building as an accessory use to the commercial building as an accessory use to the commercial development development 30 Restaurants , including drive - up windows 17 Restaurants , including drive - up windows 31 Service station convenience store 18 Service station convenience store 32 Theaters 33 Veterinary hospital 19 Veterinary hospital 34 Customary accessory uses and structures 20 Customary accessory uses and structures Intent To provide for the development of commercial and Intent To provide for the development of commercial and service centers that are accessible to the general public and service areas that serve the daily convenience and personal from surrounding neighborhoods Businesses in this district service needs of a surrounding area are intended to serve the daily convenience and personal service needs of an immediate area , and countywide or regional commercial and service needs 7 Manager Reports and Comments A Scheduling Special Meeting to Discuss Potential County Tax Referenda County Manager Rick Hester inquired if the Board had consulted their calendars regarding scheduling the special meeting to discuss conducting an advisory referendum for the purpose of determining citizen input on either a land transfer tax on all real property sales in Johnston County or a one - quarter cent county sales and use tax in Johnston County It was the unanimous consent of the Board to schedule the special meeting for Tuesday , August 14 , 2007 at 6 00 pm in the Commissioners Meeting Room B Consent Agenda Discussion County Manager Rick Hester called on Clerk to the Board Paula Woodard to present to the Board a request to consider the use of consent agendas at future 10 00 am meetings Ms Woodard stated the consent agenda process involved grouping items that are non - controversial in nature as one item on the agenda The items under the consent agenda would require no discussion and would be approved in one motion ; however , if a Commissioner wishes to discuss an item under the consent agenda , that Commissioner would make a motion to pull that item out and discuss Ms Woodard also stated the items under the consent agenda would be reviewed each month with the County Manager and the Chairman to determine if changes need to be made in advance of the meeting Staff believes by using the consent agenda , it would save valuable time during the 10 00 am meetings It was the unanimous consent of the Board to try the consent agenda for the September meeting ; however , financial items are to be reviewed as separate actions 8 Board Reports and Comments Commissioner Wade M Stewart commented on the recent selection of Acting Planning Director Berry Gray as the permanent Planning Director for Johnston County and noted this was a good decision by County Manager Rick Hester Page5374 August 6 , 2007 – 6 00 pm Continued There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 7 00 pm ____________________________ Cookie Pope , Chairman Paula G Woodard , Clerk to the BoardPage