September 4, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 402 Meeting of the Johnston County Board of Commissioners September 4 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 4 , 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 No one spoke at this time 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – August 24 and August 28 , 2007 Certified letters were mailed to adjoining property owners on August 23 , 2007 Notices were posted at the locations on July 3 , 2007 for Cases 07 - 25 ; 07 - 26 ; and 04 - 41 The Chairman opened the Rezoning Hearing for Case 07 - 25 Case 07 - 25 Petition to rezone a 165 acre tract from General Business GB to Industrial - 1 Special Use District I - 1SUD , located at 4241 US Hwy 70 E , which is approximately 1 10th of a mile east of its intersection with Country Store Road in Pine Level Township Tax ID 12N11018B Applicant Clyde L Hunt , Jr Owners Commercial Trust & Mike Smith Trustee Planning Director Berry Gray stated this was a petition to rezone a 165 acre tract from General Business GB to Industrial - 1 Special Use District I - 1SUD , located at 4241 US Hwy 70 E , which is approximately 1 10th of a mile east of its intersection with Country Store Road in Pine Level Township Mr Gray noted there was a special use application associated with the rezoning to allow for the operation of ChemStation , which is the manufacturing blending of water - based cleaning solutions , for container - less delivery to its customers Mr Gray overviewed the surrounding area and stated the company would be operating in an existing building that had been recently vacated Mr Gray noted the applicant is proposing the new use which would require an Industrial - 1 classification and the use would blend in with the neighboring properties Applicant Clyde L Hunt , Jr of ChemStation , addressed the Board and stated his company began their operation in 1958 in Greensboro Approximately two years ago , the company opened another facility in Tennessee and they would now like to open a facility in Johnston County in order to support their eastern North Carolina customers He noted instead of manufacturing , the company blends different raw materials to form floor soaps and truck washes who they deliver to customers such as Seymour Johnson Air Force Base In response to questions from Commissioner Wade M Stewart , Mr Hunt verified this would be a new location for Johnston County as well as in eastern North Carolina and the company would employ approximately five to six people , all hired locally Mr Hunt introduced his sons in the audience who will also be involved in the business Commissioner Stewart voiced his appreciation to ChemStation for wanting to open a facility in Johnston County Mr Hunt expressed his concern to the Commissioners regarding the Department of Transportation’s requirement that ChemStation install a deceleration lane in front of their facility on Hwy 70 and noted he did not feel the deceleration lane is warranted at this time The cost for the deceleration lane is estimated at approximately 50,000 to 70,000 Mr Hunt asked for advice from the Board regarding this requirement He stated the operation will only have one truck that will leave out at 7 00 am and would not return until 6 00 pm Page403 September 4 , 2007 – 6 00 pm Continued Mr Hunt further stated the only other traffic associated with the company would be his employees going to and from work Chairman Cookie Pope inquired as to the size of the company’s truck Mr Hunt reported it was a single axle box truck Commissioner Stewart asked if the company already had a driveway at the facility and if so , how the subject of a deceleration lane came up Mr Hunt replied they did have an existing driveway ; however , the DOT has determined the company must install the deceleration lane Upon questions from Commissioners Allen L Mims , Jr and Stewart , Mr Gray reported staff sends all applications to the review agencies which includes the DOT At that point , when the DOT reviewed the application , they determined that a deceleration lane would be required Commissioner DeVan Barbour questioned whether this was a recommendation or a requirement by the DOT Mr Hunt verified he was told it was a requirement Commissioner Tony Braswell stated it was his understanding that the Hwy 70 Business Corridor Commission is trying to close up as many of the exits off Hwy 70 that they can , and for those exits that cannot be closed , the Corridor Commission is requiring deceleration lanes Commissioner Braswell inquired who at the DOT had made the recommendation Mr Gray reported the DOT representative was Mr Tim Little Mr Hunt stated if the company had five or six trucks and more employees , he could justify the deceleration lane ; however , with just one truck he could not Commissioner Jeffrey P Carver stated he felt that the DOT was probably requiring something they thought the Board of Commissioners would have asked for and noted in the past the Board has required deceleration lanes for subdivisions He further noted the DOT may be requiring the deceleration lane to address future concerns Commissioner Mims stated the Board could add a condition that a deceleration lane may not be required for only one truck and when the second or third truck comes on line , then the Board would recommend for a deceleration lane to be installed Commissioner Mims noted that the DOT may still require the deceleration lane ; however , they may take the Board’s action into consideration Commissioner Stewart stated it may not hurt for Chairman Cookie Pope to contact Mr Little and express the Board’s concerns with the matter Commissioner Stewart noted the DOT staff may not have all the information they should regarding ChemStation’s operation Chairman Pope stated she would be glad to contact the DOT and express the concerns of the Board Mr Gray reported the Planning Board recommended approval of Case 07 - 25 from General Business GB to Industrial - 1 Special Use District I - 1SUD There being no further comments , the Chairman closed the Rezoning Hearing for Case 07 - 25 Decision on Rezoning Case 07 - 25 Case 07 - 25 Petition to rezone a 165 acre tract from General Business GB to Industrial - 1 Special Use District I - 1SUD , located at 4241 US Hwy 70 E , which is approximately 1 10th of a mile east of its intersection with Country Store Road in Pine Level Township Tax ID 12N11018B Applicant Clyde L Hunt , Jr Owners Commercial Trust & Mike Smith Trustee Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 25 , to rezone a 165 acre tract from General Business GB to Industrial - 1 Special Use District I - 1SUD , located at 4241 US Hwy 70 E , which is approximately 1 10th of a mile east of its intersection with Country Store Road in Pine Level Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 07 - 25 Page404 September 4 , 2007 – 6 00 pm Continued Case 07 - 25 Application to allow for the operation of ChemStation , the manufacturing blending of water - based cleaning solutions , for container - less delivery to its customers Applicant Clyde L Hunt , Jr Owners Commercial Trust & Mike Smith Trustee Those wishing to speak on Special Use Case 07 - 25 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 ChemStation , which includes the manufacturing blending of water - based cleaning solutions for container - less delivery to its customers Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 25 on May 29 , 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 July , 17 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 25 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr DeLaine , and carried by a unanimous vote of 9 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 07 - 25 , 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 We propose to move into this present building with a few changes to it , begin blending water - based cleaners , and deliver these to our on - site tanks throughout eastern NC , all with great care not to disrupt the status - quo in the area Staff The applicant will be up fitting the existing commercial building with heat , and building an interior perimeter dike to contain any potential pollution spill or container failure Cleaning products for blending are water - based and non - toxic 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant This is a no waste manufacturing process , no drums make their way to the local landfill , and we use a limited or controlled usage of our products by installing proportioners Only water - based chemicals are used in the blending process Staff This location , on an arterial street , will be able to provide for private and public uses of manufacturing and distribution to serve the needs of the county This is consistent with the intent of the Industrial - 1 district 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant We have included information relative to an ethics award we earned from the Central NC Better Business Bureau We are all native Tar Heels , we appreciate and respect our “ Ole North State ” and will do all possible to enhance and enrich it Staff Landscape buffering requirements will need to be upgraded to today’s standards There is a 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 Will abide by all conditions and requirements as placed by the boards 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 Page405 September 4 , 2007 – 6 00 pm Continued 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Existing landscaping must be upgraded to today’s standards of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet 4 Hours of Operation 6 00am - 9 00pm Monday - Saturday 5 No hazardous materials , solvents , or supplies will be used or stored on site 6 Signage must comply with the sign code and obtain proper permits 7 Must comply with any traffic improvements as required by NCDOT 8 Any outside storage will require an 8 ’ opaque fence or wall and must be shown on the site plan Mr Gray noted information in the staff comments as well as referenced supplemental information regarding how the company plans to install a dike so that if there is a spill , the spill would be contained indoors Mr Gray further noted awards had been received by the company that demonstrate their ethics in the market place and stated the operation would contain no hazardous waste in that all the company’s materials are water - based Mr Gray pointed out special conditions related to updating the existing landscaping , the hours of operation , and that no hazardous raw materials may be stored on site County Manager Rick Hester questioned the hours of operation Mr Gray reported the hours of operation were 6 00 am until 9 00 pm Monday through Saturday Commissioner W Ray Woodall questioned special condition # 5 regarding the hazardous materials Commissioner Allen L Mims , Jr stated this condition pertained to the raw materials the client is working with Applicant Clyde Hunt , Jr stated he would appreciate the Board’s consideration of the request Mr Hunt noted the company is very careful in their processes and they have experienced zero spills in their history Mr Hunt further noted that they are an environmentally friendly company and because ChemStation is a container - less delivery system , approximately 200,000 fifty - five gallon drums did not end up in the landfill last year 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 - 25 to allow for the operation of ChemStation , which is the manufacturing blending of water - based cleaning solutions , for container - less delivery to its customers There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 25 Decision on Special Use Case 07 - 25 Case 07 - 25 Application to allow for the operation of ChemStation , the manufacturing blending of water - based cleaning solutions , for container - less delivery to its customers Applicant Clyde L Hunt , Jr Owners Commercial Trust & Mike Smith Trustee The Commissioners briefly discussed options as well as the pros and cons of changing special condition # 7 to reflect the deceleration lane to be required if the volume of trucks and employees increases Commissioner Allen L Mims , Jr stated the Board could possibly table the item to allow more time to gather traffic count information Commissioner Jeffrey P Carver stated he would not vote against changing special condition # 7 ; however , he asked that the Board be mindful of the traffic on Hwy 70 in making a decision Based on the following findings of fact and the special use conditions with revisions to special condition # 7 attached , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to Applicant Clyde L Hunt , Jr to allow for the operation of ChemStation , which is the manufacturing blending of water - based cleaning solutions , for container - less delivery to its customers on a 165 acre tract located at 4241 US Hwy 70 E , which is approximately 1 10th of a mile east of its intersection with Country Store Road in Pine Level 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 ; Applicant proposes to move into this present building with a few changes to it , begin blending water - based cleaners , and deliver these to our on - site tanks throughout eastern NC , all with great care not to disrupt the status - quo in the area The applicant will be up fitting the existing commercial building with heat , and building anPagePage pageNumber5406 September 4 , 2007 – 6 00 pm Continued interior perimeter dike to contain any potential pollution spill or container failure Cleaning products for blending are water - based and non - toxic 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; This is a no waste manufacturing process , no drums make their way to the local landfill , and applicant uses a limited or controlled usage of products by installing proportioners Only water - based chemicals are used in the blending process This location , on an arterial street , will be able to provide for private and public uses of manufacturing and distribution to serve the needs of the county This is consistent with the intent of the Industrial - 1 district 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant has included information relative to an ethics award earned from the Central NC Better Business Bureau Applicant is all native Tar Heels , and appreciates and respects the “ Ole North State ” and will do all possible to enhance and enrich it Landscape buffering requirements will need to be upgraded to today’s standards There is a 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 Will abide by all conditions and requirements as placed by the boards 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 Existing landscaping must be upgraded to today’s standards of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet 4 Hours of Operation 6 00am - 9 00pm Monday - Saturday 5 No hazardous materials , solvents , or supplies will be used or stored on site 6 Signage must comply with the sign code and obtain proper permits 7 When the enterprise has 3 or more delivery trucks in its fleet and 10 or more employees in its facility then the Board of Commissioners would recommend a deceleration lane to be installed 8 Any outside storage will require an 8 ’ opaque fence or wall and must be shown on the site plan Chairman Cookie Pope welcomed ChemStation to Johnston County Commissioner Stewart reminded the applicant that by the Board changing condition # 7 , this was not a guarantee that the DOT would follow the recommendation of the Board Announcement on Rezoning Case 07 - 26 The Chairman announced that the applicant for Rezoning Case 07 - 26 petition to rezone a 190 acre tract from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD , located at 120 Ander Lane in Leach Acres , which is approximately 2 10th of a mile east of its intersection with Dupree Road SR 1541 in Pleasant Grove Township Tax ID 13B01006H Applicant Owner Artis and Lola Mae Leach had asked to table their request earlier in the day The Chairman reopened the Special Use Hearing for Case 04 - 41 Case 04 - 41 Application to modify the Special Use Permit for the batting cage s and athletic training facility to include a community pool with covered picnic area and bathrooms Property is located at 9180 Cleveland Road SR 1010 Tax ID 06F04022V Owner Double DJ Properties , LLC Applicant Denton F Lee III Those wishing to speak on Special Use Case 04 - 41 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is a modification to the original permit to include a community pool Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 41 on May 29 , 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 PagePage pageNumber6407 September 4 , 2007 – 6 00 pm Continued • 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 July , 17 2007 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 41 and made the following recommendations Upon a motion by Mr DeLaine , seconded by MrHines , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 04 - 41 , 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 ; Staff Modified recreational use will continue to protect the health , safety , and general welfare by adhering to the original special use conditions and by complying with current day codes and requirements 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Staff Modified recreational use will continue to protect the health , safety , and general welfare by adhering to the original special use conditions and by complying with current day codes and requirements 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 ; Staff The county recognizes the need for recreation within the county This modified recreational use will continue to provide and offer another alternative to help meet the recreational needs of the county 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and Staff Proposed modification and inclusion of a community pool will follow all current building code and Land Development code requirements along with existing Special Use Conditions and future ones as imposed by the boards Special Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submittal of a detailed site plan for review and approval by Planning and Zoning Staff 3 Installation of a Class B buffer 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet 4 Operation hours Monday through Saturday 9 00am to 10 00pm , Sunday 1 00pm to 9 00pm ; Pool hours Monday - Saturday 6 00 am to 11 00 pm , Sunday 1 00 pm to 9 00 pm 5 Signage Monument Sign or Ground Sign no more than 6 feet from the ground to the top ; not to exceed 025 square feet per linear foot of road frontage 6 All lighting to be engineered as to not point towards residential uses 7 Proof of liability insurance in an amount no less than 1 million ; and a copy be kept on file in the Planning Office 8 Must revise stormwater plan with Public Utilities 9 Must comply with required traffic improvements as required by NCDOT 10 Environmental Health must approve the pool from site plan stage to inspections stage 11 No additional signage will be allowed with addition of pool [ Note Modifications and additions noted in bold and italics ] Mr Gray noted the original permit was for a batting cage and athletic training facility on Cleveland Road The modification to the permit would allow for a community pool , picnic area , and bathrooms He mentioned the site plan and the location of the existing batting cages in relation to the proposed pool area Mr Gray noted the surrounding uses being mainly agricultural residential in nature however ; the Community College annex is nearby as well as the Cleveland Athletic Association Mr Gray reviewed with the Board the added and modified conditions , including the revised pool hours , the need for the applicant to revise the stormwater plan , the applicant to comply with traffic improvements as required by NCDOT , that Environmental Health must approve the pool , and no additional signage will be allowed with the addition of a pool Chairman Cookie Pope inquired into the condition regarding no additional signage Mr Gray reported under the current code , only one free - standing sign is allowed ; however , the applicant could modify the sign to incorporate the pool , if they choose PagePage pageNumber7408 September 4 , 2007 – 6 00 pm Continued Applicant Denton Lee , 155 McLemore Road , Clayton , addressed the Board and stated he felt the area needed a community pool Mr Lee informed the Board he is a lifelong resident and noted the McGee’s Crossroads community has a pool that keeps a waiting list Mr Lee believed the addition of a pool at this location would fit the recreational needs of the County Mr Lee noted one issue regarding parking that he felt would possibly be a concern for the Board He stated the parking shown on the site plan performed by Southwind & Surveying showed 25 existing spaces Mr Lee stated with the additional planned parking the count would increase to an additional 61 spaces Mr Lee submitted and reviewed a handout titled “ Local Community Pool Traffic Counts ” and based on this handout , he noted at some of the nearby community pools , the highest count he has observed was 42 cars at a facility at one time Mr Lee stated he felt the parking situation was adequately addressed and asked for any questions Mr Gray reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the modification to the special use application for case 04 - 41 to modify the Special Use Permit for the batting cage s and athletic training facility to include a community pool with covered picnic area and bathrooms There being no further comments , the Chairman closed the Special Use Hearing for Case 04 - 41 Decision on Special Use Case 04 - 41 Case 04 - 41 Application to modify the Special Use Permit for the batting cage s and athletic training facility to include a community pool with covered picnic area and bathrooms Property is located at 9180 Cleveland Road SR 1010 Tax ID 06F04022V Owner Double DJ Properties , LLC Applicant Denton F Lee III Based on the following findings of fact and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to modify the Special Use Permit 04 - 41 for the batting cage s and athletic training facility to include a community pool with covered picnic area and bathrooms 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 ; Modified recreational use will continue to protect the health , safety , and general welfare by adhering to the original special use conditions and by complying with current day codes and requirements 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Modified recreational use will continue to protect the health , safety , and general welfare by adhering to the original special use conditions and by complying with current day codes and requirements 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 county recognizes the need for recreation within the county This modified recreational use will continue to provide and offer another alternative to help meet the recreational needs of the county 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and Proposed modification and inclusion of a community pool will follow all current building code and Land Development code requirements along with existing Special Use Conditions and future ones as imposed by the boards Special Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submittal of a detailed site plan for review and approval by Planning and Zoning Staff 3 Installation of a Class B buffer 3 large trees , 4 small trees , and 12 shrubs per 100 linear feet 4 Operation hours Monday through Saturday 9 00am to 10 00pm , Sunday 1 00pm to 9 00pm ; Pool hours Monday - Saturday 6 00 am to 11 00 pm , Sunday 1 00 pm to 9 00 pm 5 Signage Monument Sign or Ground Sign no more than 6 feet from the ground to the top ; not to exceed 025 square feet per linear foot of road frontage 6 All lighting to be engineered as to not point towards residential uses 7 Proof of liability insurance in an amount no less than 1 million ; and a copy be kept on file in the Planning Office 8 Must revise stormwater plan with Public Utilities 9 Must comply with required traffic improvements as required by NCDOT 10 Environmental Health must approve the pool from site plan stage to inspections stage 11 No additional signage will be allowed with addition of pool [ Note Modifications and additions noted in bold and italics ]PagePage pageNumber8409 September 4 , 2007 – 6 00 pm Continued 3 Public Hearing Town of Four Oaks Request for ETJ Extension Advertised – In The Smithfield Herald – August 24 and August 28 , 2007 The Chairman opened the public hearing and stated the hearing was to give the Town of Four Oaks an opportunity to present a request to extend their ETJ and receive citizen input on the matter Four Oaks Mayor Linwood Parker addressed the Board and referenced the documentation from the Town as follows concerning the criteria established by the Board for ETJ extension requests 1 Is the area within the statutory framework for granting ETJ • NC General Statutes allow the Town of Four Oaks to request from the County Board of Commissioners an ETJ extension up to two miles from existing corporate limits 2 Has the Town demonstrated commitment to sound planning • Since 1989 , when Four Oaks made the first zoning upgrade , we have demonstrated a commitment to good planning and strong zoning enforcement • The Town of Four Oaks has recently added to existing development ordinances new overlay ordinances We have contracted with an engineering firm and are moving planning and zoning from the clerk’s office • We utilize such agencies as the Institute of Government , the Division of Community Assistance , and the League of Municipalities • Local citizens play a major role through our planning Board and Development Committee • We work closely with developers , and a comprehensive land use plan should strengthen our planning program 3 Has the town made or is it willing to make a commitment to sound planning as necessary to serve the area with municipal services in the future • In 1999 Four Oaks , in conjunction with the County , carried sewer and water under I - 95 to serve areas along US 701 and NC 96 east of the interstate • In 2005 the Town again expanded sewer service along US 301 just north of town and near US 701 Both projects traveled under CSX Railroad and connected to existing systems on Sanders Street and Thunder Road , respectively • The Town will continue to work with the County Economic Development Office , the NC Department of Commerce , the Rural Center , and other agencies to grow responsibly City and county water systems along with placement of new sewer investments are indicators of the town’s willingness to serve surrounding areas • We feel growth and change are imminent and that managing growth’s needs and services require intense comprehensive planning 4 Does the area have a logical , social , or geographical connection with the municipality • The area considered for inclusion within a two - mile ETJ , for the most part , is served by Four Oaks ’ post office , fire department , elementary and middle schools , and the town’s recreation program • Transportation arteries linking the corporate limits to this area are US 301 , I - 95 , US 701 , NC 96 , and CSX Railroad Mayor Parker noted the Town of Four Oaks did have a small area under contention with the Town of Smithfield ; however , the two municipalities have since resolved the issue Mayor Parker stated ETJ’s are important and the Town believes planning is best done by the communities where people live and the rural character of the County is better if it is kept rural Mayor Parker stated it is the hopes of the Town that the Board will approve the extension request He informed the Board that Four Oaks has demonstrated a commitment to planning and noted the Town’s Planning Ordinance was updated in 1989 In 1996 , when water and sewer was needed across Interstate 95 near the Town , even though that area was not within the ETJ of Four Oaks , the Town partnered with the County to pay for water and sewer extensions to the area He noted the area is now within the Town’s ETJ Mayor Parker also informed the Board that this past year , Four Oaks created a moratorium so that no subdivisions could be approved until the Town reviewed the subdivision ordinance Commissioner Wade M Stewart asked for Mayor Parker to verify Four Oaks did not have any boundary issues with other municipalities Mayor Parker verified the property that was under contention with Smithfield had been resolved He noted part of the area was within the Town’s fire district ; however , the two municipalities have agreed to split the area Chairman Cookie Pope asked if the moratorium on subdivisions was still in place Mayor Parker stated the Town has just completed the review process of the subdivision ordinance approximately two months ago and have lifted the moratorium There being no further comments , the Chairman closed the public hearing PagePage pageNumber9410 September 4 , 2007 – 6 00 pm Continued Chairman Cookie Pope announced that no decision would be made tonight and the request from Four Oaks would be considered along with requests from all the other municipalities at a later date The Chairman accepted a request from Commissioner Wade M Stewart to be excused from the remainder of the meeting due to previous engagements 4 Public Hearing County Code of Ordinances – Section s 14 - 504 ; 14 - 507 ; 14 - 508 ; 14 - 509 ; 14 - 510 - Signs Advertised August 24 and August 28 , 2007 The Smithfield Herald Chairman Cookie Pope opened the public hearing and stated this hearing is to consider public comment on the possible amendment to the County Code of Ordinances – Section s 14 - 504 ; 14 - 507 ; 14 - 508 ; 14 - 509 ; 14 - 510 – Signs Planning Director Berry Gray stated if approved , the amendments would make the ordinances less restrictive The amendment was initiated at the Board’s request after discussions concerning wall signs for commercial developments Mr Gray noted the Planning Board did recommend that wall signage be increased from a 100 sq ft maximum to 200 sq ft Commissioners W Ray Woodall and Allen L Mims , Jr questioned the setbacks in relation to DOT right - of - ways on secondary roads Mr Gray noted it is difficult to find the right - of - way on some secondary roads ; however , for political signs , yard sale signs , and other temporary signs , as long as the sign is on the opposite side of the ditch than the road , the Planning Department has no issue Mr Gray reviewed the remainder of the amendments with the Board and asked if there were any questions There being no further comments , the Chairman closed the public hearing Commissioner DeVan Barbour moved the Board adopt the amendments to the County Code of Ordinances – Section s 14 - 504 ; 14 - 507 ; 14 - 508 ; 14 - 509 ; 14 - 510 – Signs as presented Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote ARTICLE IX SIGNS __________ Cross References Zoning districts , § 14 - 51 et seq Sec 14 - 504 Signs exempt from permit requirements The following signs are exempt from permit requirements under this article , provided such signs comply with the provisions of sections 14 - 505 and 14 - 506 1 Signs bearing only property identification numbers and names , post office box numbers , names of occupants of the premises on which the signs are located , or other identification of premises not of a commercial nature , provided the signs are not illuminated Such signs shall not exceed two 2 square feet in area per display face or six 6 feet in height if freestanding The setback shall be at least ten 10 feet 2 Flags and insignia of a government , when not displayed in connection with a commercial promotion Such signs shall not exceed one hundred 100 square feet in area per display face or seventy - five 75 feet in height if freestanding The setback shall be at least ten 10 feet 3 Legal notices , identification and information signs , and traffic directional or regulatory signs erected by or on behalf of a governmental body Such signs shall have no limitation as to sign area , height , or setback 4 Memorial signs or tablets , and names and construction dates of buildings when cut into any masonry surface Such signs shall meet the sign area , height , or setback limitations for wall or freestanding signs , as appropriate 5 Signs directing or guiding traffic and parking on private property on which the signs are located , provided such signs are not illuminated , or are indirectly illuminated , bear no advertising matter On private property , such signs shall not exceed four 4 square feet in area per display face or six 6 feet in height if freestanding The setback shall be at least ten 10 feet Such signs shall have no limitation as to sign area , height , or setback when located on public property 6 Real estate signs advertising the sale , rental , or lease of the premises on which the signs are located , provided such signs are removed immediately after sale , rental , or lease of the premises Such residential real estate signs shall not exceed sixteen 16 square feet in area per display face or six 6 feet in height if freestanding The setback shall be at least ten 10 feet Such non - residential real estate signs shall not exceed thirty - two 32 square feet in area per display face or eight 8 feet in height if freestanding The setback shall be at least ten 10 feet 7 Construction site identification signs whose message is limited to project name , identification of architects , engineers , contractors , and other individuals or firms involved with the construction ; the name of the building development , the intended purpose of the building development , and the expected completion date , provided such signs are removed within seven 7 days of the issuance of the certificate of occupancy Such signs shall not exceed twenty 20 square feet in area per display face and shall meet the height or setback limitations for wall or freestanding signs , asPage0411 September 4 , 2007 – 6 00 pm Continued appropriate 8 Yard or garage sale signs announcing yard or garage sales , provided such signs are removed within seven days of the sale Such signs shall not exceed four 4 square feet in area per display face or four 4 feet in height if freestanding The setback shall be at least ten 10 feet 9 Public event announcements by public or nonprofit organizations of special events or activities of interest to the general public , provided such signs are removed within seven 7 after the event Such signs shall not exceed thirty - two 32 square feet in area per display face or eight 8 feet in height if freestanding The setback shall be at least ten 10 feet 10 Signs announcing grand openings of new business only , provided such signs are attached to the building in which the business is located and are displayed for a period not to exceed thirty 30 days Such signs shall not exceed thirty - two 32 square feet in area per display face and shall meet the height or setback limitations for banner , wall , or freestanding signs , as appropriate 11 Signs stating that a business is open or closed , provided that there is no more than one such sign per business establishment Such signs shall not exceed four 4 square feet in area per display face and shall meet the height or setback limitations for wall or freestanding signs , as appropriate 12 Political signs advertising candidates or issues provided such signs are not erected prior to 60 days before the date of the appropriate election , and are removed within seven days after the election Such political signs shall be mounted on poles and stakes and shall not be erected and located within any public right - of - way or within any sight distance triangle easement of intersections Such signs shall not be placed on trees or utility poles Such signs shall not exceed forty - eight 48 square feet in area per display face or eight 8 feet in height if freestanding The setback shall be at least ten 10 feet Signs not permitted by this article or not removed in a timely manner will be removed by the county with the cost of removal assessed to the property owner Ord of 7 - 10 - 2000 , § 115 Sec 14 - 507 Sign area , height , setbacks , and number a The area of a display surface of a sign shall be computed as including the entire area visible from any one point , within a regular geometric form or combination of forms , comprising all of the display area of the surface and including all of the elements within the display area and the sign frame Structural members not bearing a sign message shall not be included in the computation of sign area b For the purpose of determining the number of signs , a sign shall be considered to be a single display device containing elements organized , related , and composed to form a unit Where elements are displayed in a random manner without organized relationship , each element shall be considered a single sign c The height of any freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground to the top - most element of the sign , including any architectural features , antennas , or other attachments A freestanding sign on a man - made base shall be measured from the original grade of that base , the original grade of the graded earth mound , or the nearest street , drive , or parking area , whichever is lowest d All sign setbacks shall be measured from the public right - of - way , street easement if there is no right - of - way , or pavement edge if there is no right - of - way or street easement , unless otherwise stated in this article Except for window signs and wall signs , all signs in all districts shall have at least a ten - foot 10 setback Ord of 7 - 10 - 2000 , § 118 Sec 14 - 508 Signs in residential districts and planned development - housing developments No sign shall be erected or displayed in any residential district or planned development - housing except as allowed below 1 Development identification signs containing the name and or logo of a subdivision , multifamily development , mobile home park , or planned development , provided such signs are limited to one freestanding sign at each principal point of access to the development , as follows a Pole sign 40 square feet and a maximum height of fifteen 15 feet above finished grade b Monument sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six feet 6 above finished grade c Ground sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six 6 feet above finished grade 2 Home occupation signs identifying a home occupation , provided such signs are not illuminated and are limited to one wall sign per zoning lot and a maximum display surface area of four 4 square feet , or one ground sign per zoning lot at a maximum height of three feet and a maximum size of three 3 square feet The setback shall be at least twenty 20 feet 3 A place of worship bulletin board or sign not exceeding 48 square feet for the purpose of displaying the name of the institution and other related information Such signs shall be set back at least 20 feet from the street right - of - way or easement line , at a maximum height of six 6 feet for ground and monument signs , fifteen 15 feet for pole signs , and the roofline for wall signs 4 Non - residential signs identifying non - residential uses permitted as a principal or special use in residential districts or as an accessory use in planned development - housing developments , provided such signs are limited to one freestanding or wall sign per zoning lot and sixteen 16 square feet in area per display , at a maximum height of six 6 feet for ground and monument signs , fifteen 15 feet for pole signs , and the roofline for wall signs 5 Lighting of signs in residential districts and in planned development - housing developments is permitted if illumination levels are low , all fixtures are concealed , and spill - over of light is minimal Ord of 7 - 10 - 2000 , § 119 Sec 14 - 509 Signs in OI , GB , CB , I - 1 , I - 2 and IHI districts and shopping centers a Signs ; erection and display ; exceptions No sign shall be erected or displayed in the office and institutional , general business , community business , industrial - 1 or industrial - 2 district , interstate highway interchange district , and shopping centers , except as provided below for the type of sign and zoning district in which it is located b Specific sign regulations , on - premises signs 1 Wall fascia sign Wall signs include awnings and canopies a Size No more than 25 percent of the area of any wall [ window signs new subpart 3 – see below ] may be devoted to signs , up to a maximum of 100 200 square feet b Number More than one wall sign may be erected , provided the total surface area regulation is notPage1412 September 4 , 2007 – 6 00 pm Continued exceeded c Height No sign shall extend above the parapet wall , eave line , or above the roofline of buildings without parapet walls d Projection clearance No sign may project more than 12 inches from the building wall e Illumination Wall signs may be illuminated provided such signs shall be lighted from behind to silhouette letters and figures , or those utilizing floodlighting or other non - internally illuminated light sources shall be contained within a concealed fixture and angled so as to prevent a direct view of the light source from a public street or adjacent property f Location Wall signs shall not cover up or interrupt major architectural features 2 Freestanding signs Pole , monument , and ground signs are permitted as set forth in this section a Size The maximum surface area of a freestanding sign shall be 1 Pole sign , 40 square feet 2 Monument sign , 60 square feet 3 Ground sign , 60 square feet b Number One freestanding sign shall be allowed on any lot , subject to the regulations in this section , provided a pole sign shall only be allowed on a lot which contains 100 feet or more of frontage on the street to which such sign is oriented If a unified sign plan is approved by the planning department , two freestanding signs may be allowed on a lot or development having a minimum frontage of 300 feet on each of two adjacent streets or more than 600 lineal feet of frontage on a single street , but only one may be a pole sign When more than one freestanding sign is to be constructed , the total amount of freestanding sign area shall not exceed 025 square feet per linear foot frontage on the adjacent street or greatest length c Setback No portion of any freestanding sign may extend over any property line or into any public right - of - way , or be located within 15 feet of any interior side lot line Further , no ground or monument sign may be constructed within 20 feet of a right - of - way of a collector street or within 30 feet of a right - of - way of an arterial street , while no pole sign may be constructed within 30 feet of a right - of - way of a collector street or within 40 feet of a right - of - way of an arterial street d Height No pole sign nor any part of a pole sign , including base or apron , supporting structures , and trim may exceed 15 feet in height Further , no monument sign or ground sign may exceed 6 feet in height e Illumination All freestanding signs may be illuminated either internally or externally All external light sources shall be contained within a concealed fixture or box and angled so as to prevent a direct view of the light source from a street and or adjacent property f Landscaping Shrubs , flowers or ground covers , or any combination thereof , shall be planted around the entire base of any freestanding sign The minimum planting area shall be equal to one - half of the sign area 3 Window sign Window signs shall comply with the following a Size Within any given pane of glass , window signs shall cover no more than 25 percent of the glass area b Number More than one window sign may be placed on , in front of , or behind any given pane of glass c Projection clearance No window sign may project more than one 1 inch from any given pane of glass d Illumination Window signs may be illuminated , provided such signs shall be neon , lighted internally or from behind to silhouette letters and figures , or externally - illuminated from within a concealed fixture and angled so as to prevent a direct view of the light source from a public street or adjacent property Window signs shall not use LED lighting , have changeable copy , or flash or other use motion c Interstate interchange highway district IHI freestanding sign In place of a freestanding sign , as allowed in Section 14 - 509 b 2 , one freestanding sign may be erected and displayed on a zoning lot within the interstate highway interchange district IHI in accordance with the following provisions 1 The maximum area per display surface for freestanding signs shall be one hundred 100 square feet per sign face [ moved to # 5 below ] 2 Any such freestanding sign shall have no more than two 2 sign faces upon which sign information can be placed ; 3 The maximum height of a pole sign shall be 50 feet , 16 feet for a monument sign , and 12 feet for a ground sign ; 4 Ground signs may be illuminated , provided such illumination shall be limited to internal illumination , lighted from behind to silhouette letters and figures Ord of 7 - 10 - 2000 , § 1110 ; Ord of 11 - 13 - 2000 , § 11101 Sec 14 - 510 Signs in planned development - mixed use No sign intended to be read from outside a planned development - mixed use , or from any public streets within the development , shall be permitted within such development except as provided below 1 Development identification signs containing the name and trademark of a planned development , provided such signs are limited to one ground sign at each principal point of access to the development , as follows a Pole sign 40 square feet and a maximum height of fifteen 15 feet above finished grade b Monument sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six feet 6 above finished grade c Ground sign 60 square feet or two signs mounted on wooden , brick or stone entry walls , 30 square feet per display surface , and a maximum height of six 6 feet above finished grade 2 Office building identification signs containing only the name of a building or building complex and the nature of the establishments therein , provided such signs are limited to one wall sign per building with a display area not exceeding one square foot per linear foot of the building , up to a maximum area of twenty 20 square feet 3 All commercial uses are subject to the provisions of sections 14 - 509 b and 14 - 511 Ord of 7 - 10 - 2000 , § 1111 5 Manager Reports and Comments A Request for a Public Hearing – Town of Smithfield SHARP County Manager Rick Hester reported the Town of Smithfield has requested a public hearing to be held at the October 1 , 2007 Board meeting for the purposes of discussing the Smithfield Historical Area Revitalization Plan , or SHARP Upon a motion by Commissioner DeVan Barbour , seconded byPage2413 September 4 , 2007 – 6 00 pm Continued Commissioner W Ray Woodall and carried unanimously , the public hearing was scheduled for the October 1 , 2007 10 00 am meeting B Update on PODS County Manager Rick Hester reminded the Board that several months ago , the issue of an amendment to the Code of Ordinances related to PODS was discussed Staff is now requesting to submit new information related to the issue of PODS for the Commissioners to review After discussion on this matter , the Chairman called for a public hearing to be held at the October 1 , 2007 6 00 pm meeting for the purposes of considering an amendment to the Code of Ordinances related to PODS 6 Board Reports and Comments A ETJ Extension Requests Commissioner Tony Braswell commented that the requests from the municipalities for extensions of their ETJ’s will be a tremendous undertaking and should be considered soon He noted the Town of Wilson’s Mills does not currently have an ETJ and should be discussed as soon as possible County Manager Rick Hester reported there are still some boundary issues under discussion as well as the Town of Micro may be coming forward with their request B Blue Ribbon Committee Report Community Meetings The Commissioners briefly discussed the next steps regarding the Blue Ribbon Committee Report findings Commissioner Tony Braswell reminded the Board that at the 10 00 am meeting , Committee Co - Chair Sammy Jackson had commented on the usefulness of town hall or community meetings in determining citizen input on various issues Commissioner Braswell stated perhaps the Board should schedule some community meetings It was the unanimous consent of the Board to schedule some community meetings across the County to get feedback from the different areas as to the Blue Ribbon Committee report as well as a potential comprehensive land use plan Commissioner Allen L Mims , Jr passed out copies of the proposed strategic growth plan that was looked at in 1999 and 2002 for the Board to review in advance of future discussions There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Jeffrey P Carver 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