May 1, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 477 Meeting of the Johnston County Board of Commissioners May 1 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 1 , 2006 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , Deva C Holt , Deputy Clerk , and J Mark Payne , County Attorney 1 Public Comments A Recognition of Boy Scout Chairman Pope recognized Jay Pearson , and his son Rob , from Boy Scout Troop 77 Jay attended the meeting as a requirement for a communications merit badge 2 Public Hearing Voluntary Agricultural District Ordinance Advertised – In The Smithfield Herald – April 18 , 25 , 2006 The purpose of the public hearing is to hear public comment on a proposed Voluntary Agricultural District Ordinance pursuant to authority conferred by the NCGS Section 106 - 735 through 106 - 744 and Chapter 153A The proposed ordinance authorizes the creation of a Voluntary Agricultural District in order to promote farmland preservation The Chairman opened the public hearing , and invited anyone who wished to speak on the matter to come forward Ellen Sprague , vice - chairman of the group that developed the proposed ordinance , stated the ordinance would allow the creation of an awareness program to inform the general public where agriculture is located throughout the county Further , those areas designated as voluntary agricultural districts would be recorded as such on tax and land records Ms Sprague noted the group had spent a considerable amount of time and effort adjusting the ordinance to fit Johnston County On behalf of the group , she requested the Board’s approval of the Voluntary Agricultural District Ordinance Commissioner Allen L Mims , Jr questioned the procedure for appointment to the board April Byrd , Clerk to the Board , noted , as outlined in the ordinance , the advisory board would consist of seven to nine members , with at least five of the members being actively engaged in farming , and additional members with a special interest , experience , or education in agriculture and or rural land preservation Recommendations for the five members actively engaged in farming would come from a list of names suggested by representatives from the Johnston County Soil and Water District , the USDA – Natural Resources Conservation Service , the Cooperative Extension Service , the Farm Services Agency County Committee , and the Johnston County Farm Bureau There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Wade M Stewart , seconded by Allen L Mims , Jr and carried by unanimous vote , the Board adopted the following Voluntary Agricultural District Ordinance , and instructed the Clerk to advertise for appointment to the advisory board JOHNSTON COUNTY VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE 1 ARTICLE I TITLE 2 ARTICLE II AUTHORITY 3 ARTICLE III PURPOSE 4 ARTICLE IV DEFINITIONS 5 ARTICLE V AGRICULTURAL ADVISORY BOARD A Creation B Membership C Membership Requirements D Tenure E VacanciesPage478 May 1 , 2006 - 6 00 pm Continued F Removal G Funding H Advisory Board Procedures I Duties 6 ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS A Implementation B Education C Addition and Withdrawal 7 ARTICLE VII CERTIFICATION AND QUALIFICATION OF FARMLAND A Requirements 8 ARTICLE VIII APPLICATION , APPROVAL , AND APPEAL PROCEDURE A Application Procedure B Approval Process C Appeal 9 ARTICLE IX REVOCATION AND RENEWAL OF CONSERVATION AGREEMENT A Revocation B Renewal 10 ARTICLE X PUBLIC HEARINGS A Public Hearings B Procedure 11 ARTICLE XI NOTIFICATION A Record of Proximity to Voluntary Agricultural District B Signage C Maps 12 ARTICLE XII SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW 13 ARTICLE XIII WAIVER OF WATER AND SEWER ASSESSMENTS A No Connection Required B Abeyance C Termination of Abeyance D Suspension of Statute of Limitations E Other Statutory Abeyance Procedures F Conflict with Water and or Sewer System Construction and Improvements Grants 14 ARTICLE XIV COUNTY LAND - USE PLANNING A Duty of the Advisory Board B Posting of Notice C Growth Corridors 15 ARTICLE XV CONSULTATION AUTHORITY 16 ARTICLE XVI NORTH CAROLINA AGENCY NOTIFICATION A Annual Report to the North Carolina Department of Agriculture and Consumer Services 17 ARTICLE XVII LEGAL PROVISIONS A Severability B Conflict with other Ordinances and Statutes C Amendments 18 ARTICLE XVIII ENACTMENT JOHNSTON COUNTY VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE ARTICLE I - TITLE An ordinance of the Board of County Commissioners of Johnston County , North Carolina , entitled , “ VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE ” ARTICLE II - AUTHORITY The articles and sections of this ordinance are adopted pursuant to authority conferred by the NCGS Sections 106 - 735 through 106 - 744 and Chapter 153A ARTICLE III - PURPOSE The purpose of this ordinance is to promote agricultural values and the general welfare of the county and more specifically , increase identity and pride in the agricultural community and its way of life ; and encourage the economic and financial health of agriculture This ordinance establishes a Voluntary Agricultural District Program that has the following benefits for participating farmers and other county residents • The program creates awareness of agricultural areas within the county • The program informs non - farming neighbors and potential land purchasers of the presence of agricultural activities • Participation in the program gives the farming community an opportunity to provide input to Johnston County Commissioners in their decisions that may affect agriculture Page479 May 1 , 2006 - 6 00 pm Continued • Farmer participation in the program is voluntary and the farmer may terminate his her participation at any time • The program helps maintain open space and natural resources as the county’s population and development expands • The program maintains opportunities to produce locally grown food and fiber ARTICLE IV - DEFINITIONS The following are defined for purposes of this ordinance Advisory Board Johnston County Voluntary Agricultural District Advisory Board Chairperson Chairperson of the Johnston County Voluntary Agricultural District Advisory Board District Voluntary Agricultural District as established by this ordinance Board of Commissioners The Johnston County Board of Commissioners ARTICLE V - AGRICULTURAL ADVISORY BOARD A Creation - The Board of Commissioners shall establish an Agricultural Advisory Board to implement the provisions of this program B Membership - The Advisory Board shall consist of no less than seven 7 and no more than nine 9 members appointed by the Board of Commissioners with an effort to have the broadest geographic representation and commodity interests as possible C Membership Requirements - 1 Each Advisory Board member shall be a citizen of Johnston County 2 At least 5 of the members shall be actively engaged in farming The five members actively engaged in farming shall meet the eligibility criteria for the Johnston County Voluntary Agricultural District program and be selected for appointment by the Board of Commissioners from the names of individuals recommended to the Board of Commissioners by a representative from the Johnston County Soil and Water Conservation District , the USDA - Natural Resources Conservation Service , the Cooperative Extension Service , the Farm Services Agency County Committee and the Johnston County Farm Bureau The additional members shall have special interest , experience , or education in agriculture and or rural land preservation 3 At least one 1 of the Advisory Board members actively engaged in farming shall be nominated by the Johnston County Soil and Water Conservation District Board of Supervisors 4 All members shall be selected for appointment by the Johnston County Board of Commissioners as stated above D Tenure - The initial board is to consist of two 2 appointees for terms of one year ; two 2 appointees for terms of two years ; and three 3 appointees for terms of three years Members shall serve at the pleasure of the Board of Commissioners Following the expiration of the initial term , all appointments thereafter shall be for terms of 3 years Length of tenure shall follow Johnston County policy E Vacancies 1 Any vacancy on the Advisory Board is to be filled by the Board of Commissioners after consultation by the Advisory Board for the remainder of the unexpired term 2 Any Advisory Board member may voluntarily resign by submitting a thirty 30 day written notice to the Advisory Board F Removal - Any member of the Advisory Board may be removed by the Board of Commissioners with cause upon a vote of the Commissioners The Advisory Board may request in writing to the Board of Commissioners that a member be removed for inefficiency , neglect of duty , or malfeasance in office The membership of any Advisory Board member who is absent for three 3 consecutive meetings may be subject to removal , unless such absence is excused by the entire Advisory Board for good and sufficient cause G Funding - The per diem compensation , if any , of the members of the Advisory Board may be fixed by the Board of Commissioners and funds may be appropriated to the Advisory Board to perform its duties H Advisory Board Procedures 1 Chairperson - The advisory Board shall elect a chairperson and vice - chairperson each year at its first meeting of the fiscal year The chairperson shall preside over all regular or special meetings of the Advisory Board In the absence or disability of the chairperson , the vice - chairperson shall preside and shall exercise all the powers of the chairperson Additional officers may be elected as needed 2 Jurisdiction - The Advisory Board may adopt rules of procedure not inconsistent with this ordinance or with other provisions of State law 3 Advisory Board Year - The Advisory Board shall use the Johnston County fiscal year as its meeting year , July 1 through June 30 4 Meetings - Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as the Advisory Board may specify in its rules of procedure or upon the request of at least a majority of the Advisory Board Membership A meeting shall be held at least annually and notice of any meetings to the members shall be in writing , unless otherwise agreed to by all Advisory Board members Meetings dates and times shall be posted as far in advance as possible at the meeting site and by advertisement in local newspapers or by other means of public dissemination of the meeting dates as may be agreed upon by at least a majority of the Advisory Board Membership consistent with meetings law requirement All meetings shall be open to the public 5 Majority Vote - All issues shall be decided by a majority vote of the members of the Advisory Board , except as otherwise stated herein Page480 May 1 , 2006 - 6 00 pm Continued 6 Records - The Advisory Board shall keep minutes of the proceedings and shall keep records of its examinations and other official actions , all of which shall be filed in the office of the Advisory Board or its administrative agent and shall be a public record 7 Administrative - The Johnston Soil and Water Conservation District office will serve the Voluntary Agricultural District Advisory Board for record keeping , correspondence , application procedures under this ordinance , and whatever services the Board needs to complete its duties I Duties - The Advisory Board shall 1 Review and approve applications for qualified farmland and voluntary agricultural districts and make recommendations concerning the establishment and modification of agricultural districts ; 2 Conduct public hearings pursuant to Article 10 of this ordinance ; 3 Advise the Board of Commissioners on projects , programs , or issues affecting the agricultural economy or activities within the county that will affect agricultural districts ; 4 Review and make recommendations concerning proposed amendments to this ordinance The Advisory Board may 1 Develop a draft county wide farmland protection plan as defined in NCGS § 106 - 744 e 1 for presentation to the Board of Commissioners ; 2 Study additional methods of farmland preservation and make recommendations to the Board of Commissioners ; and 3 Perform other agricultural related tasks or duties assigned by the Board of Commissioners ARTICLE VI - CREATION OF VOLUNTARY AGRICULTUAL DISTRICTS A Implementation - In order to implement the purposes stated in Article III , this program provides for the creation of voluntary agricultural districts which meet the following standards 1 The District shall contain a minimum of twenty - five 25 contiguous acres of qualified farmland ; or 2 The District shall contain three 3 or more qualified farms within one - half 1 2 mile of each other B Education - The county may take such action as it deems appropriate through the Advisory Board or other entities or individuals to encourage the formation of the District and to further its purposes and objectives , including the implementation of a public information program to reasonably inform landowners of the agricultural district program C Addition and Withdrawal - 1 Qualifying farmland may be added at any time to the District 2 In the event that one or more participants in the District withdraw and the acreage in the District becomes less than the minimum acreage required or results in the remaining land being noncontiguous , a voluntary agricultural district will continue to exist so long as there is one qualifying farm ARTICLE VII - CERTIFICATION AND QUALIFICATION OF FARMLAND A Requirements - To secure county certification as qualifying farmland , a farm must 1 Be participating in the farm present - use - value taxation program established by NCGS § 105 2772 through § 105 - 2777 , or is otherwise determined by the county to meet all the qualifications of this program set forth in GS 105 - 2773 ; 2 Be certified by the USDA Natural Resources Conservation Service as being a farm on which at least two - thirds ? of the land is composed of soils that a Are best suited for providing food , seed , fiber forage , timber , forestry products , horticultural crops , oil seed crops , livestock and poultry ; b Have good soil qualities ; c Are favorable for all major crops common to the county where the land is located ; d Have a favorable growing season ; and e Receive the available moisture needed to produce high yields for an average of eight out of ten years ; OR - Have been actively used in agricultural , horticultural or forestry operations as defined by NCGS § 105 - 2772 1,2,3 during each of the five 5 previous years , measured from the date on which the determination must be made as to whether the land in questions qualifies 3 Be managed , if highly erodible land exists on the farm , in accordance with the USDA Natural Resources Conservation Service defined erosion - control practices that are addressed to said highly - erodible land ; and 4 Be the subject of a Conservation Agreement , as defined in NCGS § 121 - 35 , between the county and the owner of such land that prohibits non - farm use or development of such land for a period of at least ten years , except for the creation of not more than three 3 lots that meet applicable county zoning and subdivision regulations ARTICLE VIII - APPLICATION , APPROVAL , AND APPEAL PROCEDURE A Application Procedure 1 A landowner may apply to participate in the program by making application to the chairperson of the Advisory Board or a designated staff person The application shall be on forms provided by the Advisory Board The application to participate in a district may be filed with the certification for qualifying farmland PagePage pageNumber5481 May 1 , 2006 - 6 00 pm Continued 2 A Conservation Agreement to sustain , encourage , and promote agriculture must be executed by the landowner and recorded with the Johnston County Register of Deeds Permitted uses include agriculture , horticulture , crops , livestock , forestry and outdoor recreation B Approval Process 1 Upon submission of the application to the Advisory Board , the Advisory Board shall meet within ninety 90 days to approve or disapprove the application The chairperson shall notify the applicant by first class mail of approval or disapproval of participation in the District 2 Upon receipt of an application , the chairperson will forward copies immediately to the following offices which shall be asked to provide comments , if any , to the Advisory Board prior to the date set for the Advisory Board to vote on the application a The Johnston County tax assessor ; b The Johnston Soil and Water Conservation District ; and c The USDA Natural Resources Conservation Service C Appeal - If an application is denied by the Advisory Board , the petitioner shall have thirty 30 days to appeal the decision to the Board of Commissioners Such appeal shall be presented in writing The decision of the Board of Commissioners is final ARTICLE IX - REVOCATION AND RENEWAL OF CONSERVATION AGREEMENT A Revocation - By providing thirty 30 days advance written notice to the Advisory Board , a landowner of qualifying farmland may revoke the Conservation Agreement or the Advisory Board may revoke the same Conservation Agreement based on noncompliance by the landowner , subject to the same provisions as contained in Article VIII for appeal of denials Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in the District Absent noncompliance by the landowner , neither the Advisory Board nor the Board of Commissioners shall revoke any conservation agreement prior to its expiration B Renewal - Conservation Agreements shall be deemed automatically renewed for an additional term of ten 10 years , unless either the Advisory Board or the landowner gives written notice to the contrary no later than thirty 30 days prior to the termination date ARTICLE X - PUBLIC HEARINGS A Purpose - Pursuant to NCGS § 106 - 740 , which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within the District until such agency or unit has requested the Advisory Board to hold a public hearing on the proposed condemnation B Procedure 1 Upon receiving a request , the Advisory Board shall publish notice describing the proposed action in the appropriate newspapers of Johnston County within five 5 business days of the request , and will in the same notice notify the public of a public hearing on the proposed condemnation , to be held within ten 10 days of receipt of the request 2 The Advisory Board shall meet to review a Whether the need for the project has been satisfactorily established by the agency or unit of government involved , including a review of any fiscal impact analysis conducted by the agency involved ; and b Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the District within which the proposed action is to take place 3 The Advisory Board may consult with the Johnston Soil and Water Conservation District , the USDA - Natural Resources Conservation Service , Johnston County Cooperative Extension Service and any other individuals , agencies , or organizations deemed by the Advisory Board to be necessary for its review of the proposed action 4 Within thirty 30 days after the hearing , the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action The report shall be made available to the public prior to its being conveyed to the decision - making body of the agency proposing the acquisition 5 There will be a period of ten 10 days allowed for public comment on the report of the Advisory Board 6 After the ten 10 day period for public comment has expired , the Advisory Board shall submit a final report containing all of its findings and recommendations regarding the proposed action to the decision - making body of the agency proposing the acquisition 7 The total time period , from the day that a request for a hearing has been received to the day that a final report is issued to the decision - making body of the agency proposing the acquisition , shall not exceed sixty 60 days If the agency agreed to an extension , the agency and the Advisory Board shall mutually agree upon a schedule to be set forth in writing and made available to the public 8 Pursuant to NCGS § 106 - 740 , the Board of Commissioners shall not permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the Advisory Board ARTICLE XI - NOTIFICATION A Record Notice of Proximity to Voluntary Agricultural DistrictPagePage pageNumber6482 May 1 , 2006 - 6 00 pm Continued 1 Procedure - Upon certification of qualifying farmland and designation of real property as a District , the title to that qualifying farmland and real property , which is contained in the Johnston County Land Records System shall include a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one - half mile of the Voluntary Agriculture District 2 Limit of Liability - In no event shall the County or any of its officers , employees , members of the Advisory Board , or agents be held liable in damages for any misfeasance , malfeasance , or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this ordinance 3 No Cause of Action - In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or Voluntary Agriculture District as defined in this ordinance B Signage - Signs identifying approved agricultural district membership may be placed along major roads that pass through or next to those districts Members of the Agricultural District may place signs on their individual farms denoting their Agricultural District membership Placement of signage shall be coordinated with the NC Department of Transportation and in accordance with the Johnston County land development code C Maps - Maps identifying approved Agricultural Districts shall be provided to the following agencies or offices 1 Planning Department ; 2 Register of Deeds ; 3 Johnston Soil and Water Conservation District ; 4 North Carolina Cooperative Extension Service ; and 5 Any other such agency or office the Advisory Board deems appropriate ARTICLE XII - SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW Developers of major subdivisions or planned unit developments shall designate on preliminary development plans , the existence of the Districts within one - half aerial mile of the proposed development ARTICLE XIII - WAIVER OF WATER AND SEWER ASSESSMENTS A No Connection Required - Parcels belonging to the District shall not be required to connect to Johnston County water and or sewer systems including but not limited to reclaimed water for agricultural purposes B Abeyance - Water and sewer assessments shall be held in abeyance , without interest , for farms in an Agricultural District , until improvements on such property are connected to the water or sewer system for which the assessment was made C Termination of Abeyance - When the period of abeyance ends , the assessment is payable in accordance with the terms set out in the assessment resolution D Suspension of Statute of Limitations - Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest E Other Statutory Abeyance Procedures - Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under NCGS § 153A - 201 , or other applicable law F Conflict with Water and or Sewer System Construction and Improvements Grants - To the extent that this section conflicts with the terms of federal , state , or other grants under which county water and or sewer systems are constructed , this section shall not apply ARTICLE XIV - COUNTY LAND - USE PLANNING A Duty of the Advisory Board - It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to which the Board of Commissioners delegate authority to oversee county land - use planning on the status , progress , and activities of the county’s Agricultural District program and to also coordinate the formation and maintenance of the Agricultural District with the county’s land - use planning activities and the county’s land - use plan if one currently exists at the time this Ordinance is enacted or when one is formed B Posting of Notice - The following notice , of a size and form suitable for posting , shall be posted in the office of the Register of Deeds , and any other agency the Advisory Board deems necessary Johnston County has established a Voluntary Agricultural District to increase awareness and help protect agricultural lands and activities The District has been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities , including but not limited to pesticide spraying , manure spreading , machinery and truck operation , livestock operations , sawing , and other common farming activities may occur in the District any time during the day or night Maps and information on the location and establishment of the District can be obtained from the Johnston Soil and Water Conservation District office , or the USDA - Natural Resources Conservation Service C Growth Corridors - At such time as the county might establish designated growth corridors , Agricultural District membership will not be permitted in the designated growth corridors , as delineated on the official county planning map without the approval of the Board of Commissioners District members located in growth corridors designated after the effective date of this program may remain , but shall not be expanded within the growth corridor area without the approval of the Board of Commissioners ARTICLE XV - CONSULTATION AUTHORITYPagePage pageNumber7483 May 1 , 2006 - 6 00 pm Continued The Advisory Board may consult with the Johnston Soil and Water Conservation District , the USDA - Natural Resources Conservation Service , the Cooperative Extension Service , the North Carolina Department of Agriculture and Consumer Services , and with any other individual , agency , or organization the Advisory Board deems necessary to properly conduct its business ARTICLE XVI - NORTH CAROLINA AGENCY NOTIFICATION A Annual Report to the North Carolina Department of Agriculture and Consumer Services Upon adoption of the ordinance and any subsequent amendment , a copy shall be sent to the Office of the North Carolina Commissioner of Agriculture and Consumer Services At least annually , the Advisory Board shall submit a written report to the Commissioner of Agriculture and Consumer Services on the county’s Agricultural District program , including the following information 1 Number of landowners enrolled ; 2 Number of acres enrolled ; 3 Number of acres certified ; 4 Number of acres denied during the reporting period ; 5 Number of acres for which applications are pending ; 6 Copies of any amendments to the ordinance ; 7 Any other information the Advisory Board deems useful ARTICLE XVII - LEGAL PROVISIONS A Severability - If any article , section , subsection , clause , phrase , or portion of this ordinance is for any reason found invalid or unconstitutional by any court of competent jurisdiction , such decision shall not affect the validity of the remaining portions of this ordinance B Conflict with other Ordinances and Statutes - Whenever the provisions of this ordinance conflict with other ordinances of Johnston County , this ordinance shall govern Whenever the provisions of any federal or state statute require more restrictive provisions than are required by this ordinance , the provisions of such statute shall govern C Amendments - This ordinance may be amended from time to time by the Board of Commissioners ARTICLE XVIII - ENACTMENT The Johnston County Board of Commissioners hereby adopts and enacts the preceding articles and sections of this ordinance st Adopted this the 1 day of May , 2006 3 Public Hearing Recreation Amendments – Land Development Code Advertised – In The Smithfield Herald – April 18 , 25 , 2006 The purpose of the public hearing is to hear public comment on the possible amendments to the Land Development Code Sections 1479 General Business District b 15 ; Section 14 - 80 Community Business District b 16 ; Section 14 - 81 Industrial - 1 District b 36 ; Section 14 - 82 Industrial - 2 District b 27 ; Section 14 - 75 Agricultural - Residential District b 5 The Chairman opened the public hearing , and invited anyone who wished to speak on the matter to come forward Steven Finn , Planning and Zoning Director , stated the proposed code amendments for the Agricultural - Residential District emphasizes low intensity passive recreation , while Outdoor Recreation has been added as Permitted Uses in the Community Business and General Business Districts The Industrial - 1 and Industrial - 2 Districts have been modified to permit ball fields , basketball courts , and other outdoor recreation The Planning Board unanimously recommended approval of the proposed amendments There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the following amendments to the Land Development Code Sections 1479 General Business District b 15 ; Section 14 - 80 Community Business District b 16 ; Section 14 - 81 Industrial - 1 District b 36 ; Section 14 - 82 Industrial - 2 District b 27 ; Section 14 - 75 Agricultural - Residential District b 5 New text is bold and italicized Sec 14 - 79 General business district GB b Permitted uses 15 Recreation facility , outdoor , nonprofit and or commercial for profit , including golf courses , parks whether active recreation , such as ball field and courts , or passive recreation ,PagePage pageNumber8484 May 1 , 2006 - 6 00 pm Continued such as walking trails , picnic tables , open space , and similar , playgrounds including play toys and tot lots , community centers , swimming pools and similar recreational uses , as well as any outdoor recreation facility that charges admission ; membership fees ; and or has any sales , concessions , etc 15 16 Residential dwelling unit at a density of two units per acre when located within a commercial building as an accessory use to the commercial development 16 17 Restaurants , including drive - up windows 17 18 Service station convenience store 18 19 Theaters 19 20 Veterinary hospital 20 21 Customary accessory uses and structures when located on the same lot as the principal use and or structure Sec 14 - 80 Community business district CB b Permitted uses 16 Recreation facility , outdoor , nonprofit and or commercial for profit , including golf courses , parks whether active recreation , such as ball field and courts , or passive recreation , such as walking trails , picnic tables , open space , and similar , playgrounds including play toys and tot lots , community centers , swimming pools and similar recreational uses , as well as any outdoor recreation facility that charges admission ; membership fees ; and or has any sales , concessions , etc 16 17 Residential dwelling unit at a density of two units per acre when located within a commercial building as an accessory use to the commercial development 17 18 Restaurants , including drive - up windows 18 19 Service station convenience store 19 20 Veterinary hospital 20 21 Single - family dwelling 21 22 Customary accessory uses and structures when located on the same lot as the principal use , excluding however , open storage Sec 14 - 81 Industrial - 1 district I - 1 b Permitted uses 36 Customary accessory uses and structures including open storage , provided the area devoted to open storage is enclosed within an opaque fence or wall of at least eight feet in height Customary accessory uses include ball fields , basketball courts , and similar outdoor recreation activities that are for the use of the employees of a Permitted Use Nothing in this section would prevent the owner from allowing others , such as non - profit groups , to use the facilities Sec 14 - 82 Industrial - 2 district I - 2 b Permitted uses 27 Customary accessory uses and structures , including open storage enclosed within a solid fence or wall of at least eight feet in height Customary accessory uses include ball fields , basketball courts , and similar outdoor recreation activities that are for the use of the employees of a Permitted Use Nothing in this section would prevent the owner from allowing others , such as non - profit groups , to use the facilities Sec 14 - 75 Agricultural - residential district AR b Permitted uses 5 Golf courses , parks , playgrounds , community centers , libraries , swimming pools and similar recreational uses on property that is a Owned by a federal , state , and or local government ; or b Located within an approved subdivision and the property is owned and operated by a homeowners ’ association , management company , and or the developer and was approved as a part of the subdivision approval or as a part of an A - R Special Use District Accessory recreation uses and facilities such as play toy , basketball court , tennis court , and similar that are usual and typical in a residential neighborhood that are intended to be used primarily by the residents of the property are permitted with residential land uses Recreational activities that includes added parking , lighting , bleachers or viewing stands , charges fees , and or provide concessions shall be presumed to not be accessory to a residence Any other park , playground , or recreation facility that includes anything other than passive recreation such as walking trails , picnic tables , open space , and similar must have a special use permit PagePage pageNumber9485 May 1 , 2006 - 6 00 pm Continued Any stand - alone recreation facility not otherwise approved in parts 5 , 5a , or 5b above that charges admission ; membership fees ; and or has any sales , concessions , etc is not permitted in the A - R District 4 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – April 18 , 25 , 2006 Certified letters were mailed to adjoining property owners on April 20 , 2006 , and notices posted at the locations on March 7 , 2006 The Chairman opened the Rezoning Hearing for Case 06 - 08 Case 06 - 08 Petition to rezone 537 , 566 , and 1008 acre parcels located at US 70 E , just west of its intersection with Pondfield Road SR 2314 in Boon Hill Township , from General Business GB to Agricultural Residential District AR Tax ID’s 04P10046K , 04012027C , and 04P100470 Owners Bobby K Jones , Bobby K Jones II , and The Three J’s Inc Applicant Bobby K Jones II Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 537 , 566 , and 1008 acre parcels located at US 70 E , just west of its intersection with Pondfield Road SR 2314 , in the Boon Hill Township , from General Business GB to Agricultural Residential District AR He noted the requested rezoning is a down - zoning that would result in significantly less traffic than if built - out commercially Currently , the property owners are using land zoned General Business for their residences , and have no intentions of operating a business from these locations Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 08 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 08 Decision on Rezoning Case 06 - 08 Case 06 - 08 Petition to rezone 537 , 566 , and 1008 acre parcels located at US 70 E , just west of its intersection with Pondfield Road SR 2314 in Boon Hill Township , from General Business GB to Agricultural Residential District AR Tax ID’s 04P10046K , 04012027C , and 04P100470 Owners Bobby K Jones , Bobby K Jones II , and The Three J’s Inc Applicant Bobby K Jones II Commissioner Allen L Mims , Jr moved the Board approve rezoning case 06 - 08 , 537 , 566 , and 1008 acre parcels located at US 70 E , just west of its intersection with Pondfield Road SR 2314 in Boon Hill Township , from General Business GB to Agricultural Residential District AR Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 06 - 09 Case 06 - 09 Petition to rezone a 2668 acre parcel located at 13528 US 70 West , just east of the Wake County line in Clayton Township , from Mobile Home Park District MHPD to General Business GB Tax ID 05G01198G Owners D & S Properties , LLC Applicant True Line Surveying Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone a 2668 acre parcel located at 13528 US 70 West , just east of the Wake County line in Clayton Township , from Mobile Home Park District MHPD to General Business GB He noted , at the Planning Board meeting , the Applicant amended his initial request to rezone 2268 acres , and rather is requesting the Board rezone only 2668 acres , the front 220 ’ of the parcel , so as to displace as few persons residing there as possible David Banister , one of the property owners , offered to answer questions from the Board Commissioner Allen L Mims , Jr questioned if there would be a conflict between the General Business use and the existing Mobile Home Park residents Mr Banister stated that adequate buffering would be installed between the General Business use and the Mobile Home Park , however , in his opinion , there would not be a conflict between the two districts Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 09 Page0486 May 1 , 2006 - 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 09 Decision on Rezoning Case 06 - 09 Case 06 - 09 Petition to rezone a 2668 acre parcel located at 13528 US 70 West , just east of the Wake County line in Clayton Township , from Mobile Home Park District MHPD to General Business GB Tax ID 05G01198G Owners D & S Properties , LLC Applicant True Line Surveying Commissioner DeVan Barbour moved the Board approve rezoning case 06 - 09 , a 2668 acre parcel located at 13528 US 70 West , just east of the Wake County line in Clayton Township , from Mobile Home Park District MHPD to General Business GB Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 06 - 10 Case 06 - 10 Petition to rezone a 076 - acre parcel located at 11461 NC Hwy 210 , just west of its intersection with Raleigh Road SR 1330 in Elevation Township , from Agricultural - Residential AR to Community Business Special Use District CB - SUD Tax ID 07F07035B Owner Tim Dorman Applicant Kristie Dorman Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone a 076 - acre parcel located at 11461 NC Hwy 210 , just west of its intersection with Raleigh Road SR 1330 in Elevation Township , from Agricultural - Residential AR to Community Business Special Use District CB - SUD He noted the request is in an area of the county where there has been an emergence of similar requests Applicant Kristie Dorman asked the Board to approve the rezoning and accompanying special use request , and offered to answer any questions the Board might have regarding the request Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 10 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 10 Decision on Rezoning Case 06 - 10 Case 06 - 10 Petition to rezone a 076 - acre parcel located at 11461 NC Hwy 210 , just west of its intersection with Raleigh Road SR 1330 in Elevation Township , from Agricultural - Residential AR to Community Business Special Use District CB - SUD Tax ID 07F07035B Owner Tim Dorman Applicant Kristie Dorman Commissioner W Ray Woodall moved the Board approve rezoning case 06 - 10 , a 076 - acre parcel located at 11461 NC Hwy 210 , just west of its intersection with Raleigh Road SR 1330 in Elevation Township , from Agricultural - Residential AR to Community Business Special Use District CB - SUD Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 10 Case 06 - 10 Application to allow for a Hair Salon containing manicurist pedicurist , tanning beds and a boutique that will sell jewelry , purses , clothing , and miscellaneous items for customers Owner Tim Dorman Applicant Kristie Dorman Those wishing to speak on Special Use Case 06 - 10 were sworn in by the Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for a Hair Salon containing manicurist pedicurist , tanning beds and a boutique that will sell jewelry , purses , clothing , and miscellaneous items for customers He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 10 on January 20 , 2006 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision Page1487 May 1 , 2006 - 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 March 21 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 10 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Byrd , and carried by a unanimous vote of 9 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 06 - 10 , based on and subject to the following Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The site will be developed to maximize public safety and public health The owner of the property will take all classes to be educated in the area of owning tanning beds Every precaution will be exercised to maintain public health and safety of the consumer Staff This will have a relatively low level impact on the roads and neighborhood , very comparable to the existing residence 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The site will be developed by a licensed contractor that will comply with all required permits and regulations following the Land Development Code , other ordinances , and resolutions in conjunction with all state and federal regulations Staff The nearness of the Interstate Highway Interchange and Industrial - 2 - SUD zoning districts suggests that the proposed Rezoning and Special Use District would be compatible with the neighborhood and the Land Development Code 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 property will be landscaped and maintained to benefit the surroundings to promote the best value for the said property Staff The clean up and landscaping will enhance nearby property values 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 property will conform to all general plans and uses set forth by the Land Development Code , the County’s strategic plans , and all policies set forth by the Board of Commissioners Staff The proposed redevelopment of the site appears to be in concert with the evolving commercial zoning of the area 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 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet 4 Hours of operation 7am to 10 pm 5 Signage shall have no lighting and must comply with the Sign Code In response to a question from Commissioner Allen L Mims , Jr , Kristie Dorman , the applicant , stated that she is in the process of scheduling a meeting with Sammy Wood with NC DOT to discuss whether a turn lane or any other improvements would be required Mr Finn added that DOT had sent a non - committal letter to the applicant stating that a turn lane may be required He noted the Planning Board recommended approval of the special use request for Case 06 - 10 In response to a question from Commissioner Jeffrey P Carver , Ms Dorman stated that she is comfortable with the conditions of the special use permit There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 10 Decision on Special Use Case 06 - 10 Case 06 - 10 Application to allow for a Hair Salon containing manicurist pedicurist , tanning beds and a boutique that will sell jewelry , purses , clothing , and miscellaneous items for customers Owner Tim Dorman Applicant Kristie Dorman Page2488 May 1 , 2006 - 6 00 pm Continued Based on the following findings of fact , with special conditions attached , Commissioner Jeffrey P Carver moved the Board authorize the Planning Department to issue a special use permit to Owners and Applicants Tim and Kristie Dorman to allow for a Hair Salon containing manicurist pedicurist , tanning beds and a boutique that will sell jewelry , purses , clothing , and miscellaneous items for customers at 11461 NC Hwy 210 , just west of its intersection with Raleigh Road in the Elevation Township Commissioner W Ray Woodall 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 ; The site will be developed to maximize public safety and public health The owner of the property will take all classes to be educated in the area of owning tanning beds Every precaution will be exercised to maintain public health and safety of the consumer This will have a relatively low level impact on the roads and neighborhood , very comparable to the existing residence 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The site will be developed by a licensed contractor that will comply with all required permits and regulations following the Land Development Code , other ordinances , and resolutions in conjunction with all state and federal regulations The nearness of the Interstate Highway Interchange and Industrial - 2 - SUD zoning districts suggests that the proposed Rezoning and Special Use District would be compatible with the neighborhood and the Land Development Code 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 property will be landscaped and maintained to benefit the surroundings to promote the best value for the said property The clean up and landscaping will enhance nearby property values 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 property will conform to all general plans and uses set forth by the Land Development Code , the County’s strategic plans , and all policies set forth by the Board of Commissioners The proposed redevelopment of the site appears to be in concert with the evolving commercial zoning of the area 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 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet 4 Hours of operation 7am to 10 pm 5 Signage shall have no lighting and must comply with the Sign Code The Chairman reopened the Rezoning Hearing for Case 06 - 14 Case 06 - 14 Petition to add overlay zoning of Municipal Transition District MTD of approximately 88 acres of a 198 - acre parcel located at 353 Vinson Road SR 1903 in Wilson Mills Township to the current underlying zoning district of Agricultural - Residential AR Tax ID 17K06023 Owner Daisy Stevens Life Estate Applicant Merle Hall Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to add overlay zoning of Municipal Transition District MTD of approximately 88 acres of a 198 - acre parcel located at 353 Vinson Road SR 1903 in Wilson Mills Township to the current underlying zoning district of Agricultural - Residential AR He pointed out the location of two adjacent future subdivisions , The Knolls and Sierra Heights , both of which have previously received sewer allocation The predominant zoning in the area is Agricultural - Residential Merle Hall , applicant and representative of Southwind Surveying and Engineering , noted the 198 acre parcel is one contiguous tract , however , the tract is split by Vinson Road Currently , only a portion of the tract is eligible for sewer service Approval of the rezoning request would extend the MTD district , and make the entire tract eligible for sewer service Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 14 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 14 Page3489 May 1 , 2006 - 6 00 pm Continued Decision on Rezoning Case 06 - 14 Case 06 - 14 Petition to add overlay zoning of Municipal Transition District MTD of approximately 88 acres of a 198 - acre parcel located at 353 Vinson Road SR 1903 in Wilson Mills Township to the current underlying zoning district of Agricultural - Residential AR Tax ID 17K06023 Owner Daisy Stevens Life Estate Applicant Merle Hall Commissioner W Ray Woodall moved the Board approve rezoning case 06 - 14 , to add overlay zoning of Municipal Transition District MTD of approximately 88 acres of a 198 - acre parcel located at 353 Vinson Road SR 1903 in Wilson Mills Township to the current underlying zoning district of Agricultural - Residential AR Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 5 Board of Education – Offer of Surplus Property – Old Facility Services Building At the request of the Board , the item was tabled at the 1 00 pm meeting Chairman Pope stated the Board had received the following Memorandum of Understanding signed by Attorney James R Lawrence , Jr , on behalf of the Board of Education Memorandum of Understanding between the Johnston County Board of Commissioners and the Johnston County Board of Education Whereas , at the request of the Johnston County Board of Commissioners , I would hereby present this Memorandum of Understanding to the said Commissioners concerning the property owned by the Johnston County Board of Education located on Front Street in Smithfield , Johnston County , North Carolina Whereas , pursuant to North Carolina General Statute 115C - 518 , the Johnston County Board of Education declared the said property no longer suitable or necessary for public school purposes Further , pursuant to the North Carolina General Statutes the Johnston County Board of Education has afforded the Johnston County Board of Commissioners the first opportunity to obtain the property at a fair market price The Johnston County Board of Education would consider the fair market price set at 600,00000 as that is the price offered by the Town of Smithfield for the purchase of the property Please note that the property will be sold to another governmental entity at terms reasonable between the parties pursuant to statute Once the property is purchased by the Town of Smithfield , they will be reimbursed for the purchased price by an existing 501 c 3 non - profit corporation , incorporated by certain citizens of Johnston County Also , after the Town of Smithfield has purchased the property , it is our understanding through conversations with the Town Manager of Smithfield , that the said property will be designated as an extension of Riverside Cemetery and will be used as a cemetery The 501 c 3 corporation will then be the agent for the Town of Smithfield to sell said cemetery plots in a effort to recoup funds expended for the purchase I have personally spoken with an incorporator of the said 501 c 3 who has told me this is the procedure that will be used for establishing the extension of the Riverside Cemetery and the repayment of the funds to the Town of Smithfield Further , the proceeds from the sale will be used by the Board of Education , again pursuant to statute , for capital outlay purposes Specifically , the funds will go towards the purchase of new school buses required by the substantial growth of the student population here in Johnston County Therefore , since a great amount of this process has been through negotiations with the Town of Smithfield , the 501 c 3 Corporation , the Johnston County Board of Education , and County Commissioners , there is no written documentation as to the purchase and use of the property However , the Town Manager has advised me that the Town Council of Smithfield has been made aware of this process and have had no objection to the use of the property being a cemetery There are statutes in place which will allow the Town of Smithfield to designate the property as a cemetery once it obtains title to the property Therefore , no one for the Town of Smithfield would be in a position to sign this Memorandum of Understanding as it has not come before the Town Council for formal action Formal action by the Town of Smithfield has been delayed until the County Commissioners act on the request of the Board of Education to accept or reject the said property Dated May 1 , 2006 , and signed by James R Lawrence , Jr , Attorney for the Johnston County Board of Education Commissioner DeVan Barbour moved the Board decline the offer to accept the old Facility Services property located at the corner of Church Street and Front Street in Smithfield Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 6 Appointment to Local Emergency Planning Committee At the request of the Board , the item was tabled at the 1 00 pm meeting Page4490 May 1 , 2006 - 6 00 pm Continued Commissioner Allen L Mims , Jr moved the Board make the following appointments to the Local Emergency Planning Committee Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Local Emergency Planning Committee – Reappointed Robin Gurgainus OSHA , Larry W Sullivan Environmental Health , Buck Pipkin Law Enforcement , and Doug Baker Facilities Private Sector , and appointed Robert “ Bob ” Darrell Harding Media Television for two year terms to expire May 31 , 2008 7 Clarification – County Code of Ordinances Section 14 - 592 County Attorney Mark Payne requested the Board provide clarification on County Code of Ordinances Section 14 - 592 , regarding appeals to decisions made by the Board of County Commissioners The County Code states “ Any decision by the board of commissioners may be appealed to the superior court within 30 days by an action in the nature of a writ of certiorari ” Mr Payne requested guidance as to interpretation on whether the 30 days begins once the board meeting takes place , or after the Board approves the official minutes from the meeting Following discussion , Commissioner W Ray Woodall moved the Board give County Attorney Mark Payne guidance as to interpretation that the appeal period for decisions made by the Board of County Commissioners closes 30 days from the date of the board meeting at which the action was taken Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote There being no further business , Commissioner Wade M Stewart moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage