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

10 685 Meeting of the Johnston County Board of Commissioners November 6 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 6 , 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 , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk 1 Public Comments No one spoke at this time 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – October 20 , 27 , 2006 Certified letters were mailed to adjoining property owners on October 26 , 2006 , and notices posted at the locations on September 5 , 2006 for Cases 06 - 24 , 06 - 26 , and 06 - 28 and September 7 , 2006 for Case 06 - 25 The Chairman opened the Rezoning Hearing for Case 06 - 24 Case 06 - 24 Petition to rezone 37 acres of a 119 acre tract from Agricultural - Residential District AR to Industrial 1 Special Use District I1 - SUD located on Old Murphy Road SR 1730 , which is approximately ½ of a mile east of its intersection with NC 96 North in O’Neals Township Tax ID 11M04036F Applicant Elio M Hernandez Owners Elio M & Elsida Hernandez Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 37 acres of a 119 acre tract from Agricultural - Residential District AR to Industrial 1 Special Use District I1 - SUD located on Old Murphy Road SR 1730 , which is approximately ½ of a mile east of its intersection with NC 96 North in the O’Neals Township The surrounding zoning is predominantly Agricultural - Residential The applicant is also requesting approval of a special use permit to allow the storage of commercial dump trucks Note - the mailing addresses for the subject property and surrounding properties are Zebulon , however , all properties are located within the Johnston County Elio Hernandez , Jr , applicant’s son , appeared before the Board on behalf of his parents Elio and Elsida Hernandez , who do not speak English well He submitted the following letter from them , which addressed concerns from the neighbors With all our respect , we would like to address the Board so they can have an understanding of our side of the situation The first issue we would like to clarify is the presence and word of Mr Robert Daniel Martin who does not live anywhere near our house He owns most of the land around me but there is no reason for him to say that it is not peaceful since we moved in because he lives about 3 miles away on Hwy 96 He also mentioned a septic tank issue assuming that there were more people living in the house than it should be We took that statement very seriously because as the Board probably knows we are legal residents from Cuba and often get mistaken by people like Mr Robert for being illegal immigrants We are a single family and there is more than enough room in a 5 bed , 3 bath house for 6 people my father , mother , brother , grandmother , uncle , and myself Mr Robert should not be complaining about the noise because on Hwy 96 there is a constant flow of tractor trailers and tankers that can be heard as far as my house Next issue is Mr Carlton Hubert Martin who claims to be bothered by the trucks and says there is no space for them in the neighborhood but has a commercial electricity diesel truck that he parks on his property We have seen and heard his truck go in and out of Old Murphy Road on Saturdays and Sundays even in the middle of the night He still claims to be bothered by my noise We only have 3 trucks that leave at 6 00 am and come back around 5 30 pm and that is the daily routine from Monday to Friday like most people who like us work The other leaves at 9 30 am or later and comes back between 5 - 6 o’clock On the weekends we wash our cars and trucks and do regular maintenance when necessary like everyone else including the people against me do The other issue is Mr Ken Billings who is worried about the environmental effects of us performing oil changes on our vehicles when necessary Our response to him is that not everyone can afford a mechanic and there is no law that says that one should not do an oil change on his own property , as long as you dispose of itPage686 November 6 , 2006 - 6 00 pm Continued in a safe way When we do make an oil change we dispose the oil into a container designed for the purpose and then take it to the waste management place off of Hwy 42 and dispose of there properly Another issue brought up by many of the people against me is the safety of children playing on Old Murphy Road and our point is that the road is a state road not a private road with a speed limit of 45 mph and its not meant for any child to play on it without parental supervision as other drivers including everyone who lives on the road may be coming in or out at an unexpected time About the trucks speeding , it’s impossible to do it even if the drivers wanted to because the road is 53 miles long and they can barely step on the gas before they slow down again for the sharp curve The purpose of my special use permit is to be able to legally have the 4 trucks parked on my property because as of now we can only have 3 on our property because they are driven by the members of the household , the other truck would be driven by me when I finish high school and get my commercial license but as of now we have contracted a driver who is my father’s cousin and lives in Zebulon but does not have any way of parking the truck where he lives The garage and privacy fence that we plan on building would keep the trucks out of sight and help with the noise when they turn on the engines in the morning I would like the Board to give serious thought to the issue because those trucks are our only source of income and it is what our family lives with Mr Hernandez reiterated his parents ’ request , and asked the Board to rezone the subject property to Industrial 1 - Special Use District , and approve the accompanying special use permit He pointed out the Hernandez’s own three dump trucks and one box truck , however , the box truck is driven by his father’s cousin who does not reside on Old Murphy Road Mr Hernandez stated that it was his understanding the county ordinance only allows for the three trucks driven by residents of the home , under the current Agricultural - Residential zoning If the Board chooses to approve the requests , he assured them that the property will look nice , and noted the Hernandez’s will build a garage to store the trucks In response to a question from the Board , Mr Gray noted the ordinance allows for storage of personal vehicles , however , he was uncertain if this applied to dump trucks In response to questions from Commissioner Jeffrey P Carver , Mr Hernandez stated his family had been living on Old Murphy Road and operating their business from the location since July 2006 The family formerly lived in Zebulon He added that when his family bought the home on Old Murphy Road both the real estate agent and the County Planning Zoning Department told them the trucks are allowed , given the drivers live at the residence Brenda Money , nearby property owner , stated that she has lived at 104 Exeter Drive , Zebulon , for over six years She informed the Board that the Hernandez’s trucks leave as early as 4 00 am , and are loud , which prevents her from sleeping through the night Ms Money expressed concern that the business will cause air and ground water pollution Further , she worried that if approved , the Hernandez’s might want to expand business to more than four trucks in the future Ms Money presented a petition signed by 20 neighbors and property owners in opposition to the rezoning and special use requests Ken Billings , 100 Exeter Drive , Zebulon , repeated many of the same concerns addressed by Ms Money including the loud noise from the trucks , ground water pollution , and potential expanded use He also noted that the pavement along Old Murphy Road has begun breaking up due to the increased traffic and weight of the dump trucks Mr Billings commented that the enjoyment of one’s property is a basic thing in life , and prior to the Hernandez’s dump truck operation moving into the neighborhood , he enjoyed a quiet , rural atmosphere He stated , in his opinion , the industrial business does not belong in the small , residential community Robert Scott , who owns property at 241 Old Murphy , Zebulon , appeared before the Board in opposition to the rezoning and special use requests He referenced several letters of opposition that were forwarded to County Manager Rick Hester , and reiterated the concerns of Ms Money and Mr Billings Carlton Martin , 328 Old Murphy Road , Zebulon , adjacent property owner , agreed with the others that spoke in opposition to the rezoning and special use requests He also expressed concern for the safety of the many children that live along Old Murphy Road Commissioner Wade M Stewart asked if there are other commercial businesses in the neighborhood Mr Martin responded there are no other commercial businesses in the area , however , he does drive a smaller one ton truck for Norfolk Southern Railway , which he parks at his residence Page687 November 6 , 2006 - 6 00 pm Continued Mr Gray noted the Planning Board recommended denial of the rezoning request for Case 06 - 24 , based on , if approved , the Industrial 1 zoned property will not fit in with the existing Agricultural - Residential neighborhood atmosphere There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 24 Decision on Rezoning Case 06 - 24 Case 06 - 24 Petition to rezone 37 acres of a 119 acre tract from Agricultural - Residential District AR to Industrial 1 Special Use District I1 - SUD located on Old Murphy Road SR 1730 , which is approximately ½ of a mile east of its intersection with NC 96 North in O’Neals Township Tax ID 11M04036F Applicant Elio M Hernandez Owners Elio M & Elsida Hernandez Commissioner Allen L Mims , Jr moved the Board deny rezoning case 06 - 24 , to rezone 37 acres of a 119 acre tract from Agricultural - Residential District AR to Industrial 1 Special Use District I1 - SUD located on Old Murphy Road SR 1730 , which is approximately ½ of a mile east of its intersection with NC 96 North in the O’Neals Township Commissioner Tony Braswell seconded the motion Discussion Commissioner Tony Braswell stated that he rode and looked at the subject property , and the surrounding area is predominantly residential Commissioner Jeffrey P Carver wished the Hernandez’s good luck with their business endeavor , however , he stated that he agrees with Commissioner Braswell that the business will not be compatible with the existing residential district Commissioner DeVan Barbour asked Assistant Planning and Zoning Director Berry Gray and County Attorney Mark Payne to meet to clarify the definition of a “ work truck ” Vote The above motion carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 06 - 25 Case 06 - 25 Petition to rezone 219 acres of a 70 acre tract and 184 acres of a 168 acre parcel for a total of 403 acres from Agricultural - Residential District AR to Agricultural Residential Special Use District AR - SUD located on Vinson Road SR 1903 , which is approximately one mile northwest of its intersection with Southerland Road SR 1904 in Wilson’s Mills Township Tax ID’s 17K06023L and 17K06025 Applicant Bobby Taylor Owner JDG Investments , Inc Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 219 acres of a 70 acre tract and 184 acres of a 168 acre parcel for a total of 403 acres from Agricultural - Residential District AR to Agricultural Residential Special Use District AR - SUD located on Vinson Road SR 1903 , which is approximately one mile northwest of its intersection with Southerland Road SR 1904 in the Wilson’s Mills Township The Municipal Transition District for Wilson’s Mills is to the south of the subject property ; the area is predominantly Agricultural - Residential The accompanying special use permit is for the operation of a private public tennis , fitness & swim club , and will be a part of the Knolls of the Neuse Subdivision that will be developing to the east of the subject property David Carpenter , stated that he and his wife have lived at 643 Vinson Road , Clayton , which is directly across the road from the subject property , for the past ten years He expressed concern that the proposed rezoning and special use requests will affect his quality of life , the tranquility of his property , and its associated value Mr Carpenter commented the proposed fitness club will add light at all hours of the night and noise , and increased traffic on a dangerous portion of the road He suggested the proposed facility be moved to another site on the 70 acre tract , and requested the Board deny the rezoning and special use requests as presented by the Applicant Janice Carpenter , 643 Vinson Road , Clayton , reiterated the concerns addressed by her husband She noted the existence of a blind curve along Vinson Road to the northwest of the property Page688 November 6 , 2006 - 6 00 pm Continued Applicant Bobby Taylor , with T & S Court Services , responded to Mr Carpenter’s comments He described a similar , established fitness club in Snow Hill , NC where nearby subdivision property values have increased 50 since 2000 when the facility was built The proposed club on Vinson Road will cater to all age groups All lighting will be residential , and will not inhibit surrounding properties The facility will be accessible by an interior street within the Knolls of the Neuse Subdivision Mr Carpenter presented to the Board illustrations of the proposed site , including adequate and proper landscaping In response to a question from Commissioner Jeffrey P Carver , Mr Gray stated the Planning Board has approved the Knolls of the Neuse Subdivision John Schwarz , 477 Vinson Road , Clayton , also expressed concern about the noise , and stated , in his opinion , the proposed hours of operation are too late In response to questions from Sandra Schwarz , 477 Vinson Road , Clayton , about the buffer and existing trees , Mr Taylor stated the special use permit requires a landscape berm and buffering He added they will leave as many of the existing trees as possible Merle Hall , representing Southwind Surveying , stated that his company completed the engineering drawings for the Knolls of the Neuse subdivision He noted a turn lane into the subdivision from Vinson Road is already planned and approved by DOT Further , other safety issues have been addressed with DOT The ingress egress to the fitness facility is completely internal from the subdivision In response to a question from Commissioner Allen L Mims , Jr , Mr Hall stated that DOT has requested a 10 ft by 70 ft site triangle at the intersection of Vinson Road and the street into the subdivision He commented as much of the existing vegetation as possible will be undisturbed ; this will be further discussed with Planning staff during the site plan approval process , if the Board endorses the rezoning and special use requests Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 25 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 25 Decision on Rezoning Case 06 - 25 Case 06 - 25 Petition to rezone 219 acres of a 70 acre tract and 184 acres of a 168 acre parcel for a total of 403 acres from Agricultural - Residential District AR to Agricultural Residential Special Use District AR - SUD located on Vinson Road SR 1903 , which is approximately one mile northwest of its intersection with Southerland Road SR 1904 in Wilson’s Mills Township Tax ID’s 17K06023L and 17K06025 Applicant Bobby Taylor Owner JDG Investments , Inc Commissioner Allen L Mims , Jr thanked the neighbors for their comments He stated , in his opinion , quality of life issues vary from person to person , and he feels the project has merit Commissioner Mims noted the Knolls of the Neuse subdivision will already be generating increased traffic along the road He moved the Board approve rezoning case 06 - 25 , to rezone 219 acres of a 70 acre tract and 184 acres of a 168 acre parcel for a total of 403 acres from Agricultural - Residential District AR to Agricultural Residential Special Use District AR - SUD located on Vinson Road SR 1903 , which is approximately one mile northwest of its intersection with Southerland Road SR 1904 in the Wilson’s Mills Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 25 Case 06 - 25 Application to allow for the operation of a private public tennis , fitness & swim club Applicant Bobby Taylor Owner JDG Investments , Inc Those wishing to speak on Special Use Case 06 - 25 were sworn in by the Clerk to the Board Assistant Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to allow for the operation of a private public tennis , fitness & swim club He introduced the following summary of evidence into the record , specifically noting Conditions # 3 , # 6 , and # 7 A pre - application consultation was held with the applicant for Case 06 - 25 on August 1 , 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 PagePage pageNumber5689 November 6 , 2006 - 6 00 pm Continued • 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 September 19 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 25 and made the following recommendations Upon a motion by Mr Gathers , seconded by Mr Byrd , and carried by a unanimous vote of 9 - 0 , the Planning Board voted to approve the Special Use Permit request , Case 06 - 25 , based on and subject to the following findings of facts 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 The proposed project is located in a property currently being developed into a residential subdivision known as the Knolls at the Neuse and is in close proximity to a proposed subdivision known as Sierra Heights ; both projects of the JDG Investments , Inc The design of the project including tournament clay tennis courts , an indoor exercise area , and swim facilities operating between 8 am - 11 pm daily will be buffered by a landscape berm with plantings to insure minimal impact to adjacent property owners Numerous afternoon and summer programs will be offered to both adults and children Staff For reasons of public safety , security measures and gating will be required around the proposed development Hours of operation mentioned above will also be enforced to respect and maintain the public’s general welfare 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 Applicant intends to comply with all regulatory authorities affecting this project Staff By serving the public and residents of the subdivision , proposed design of the tennis and fitness club will compliment the character of the neighborhood and community Site will be buffered with landscape requirements and a voluntary berm to insure minimal impact to adjacent property owners 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 As noted above , JDG Investments , Inc is promoting this project s an amenity to the general public as well as to purchasers of new homes in the immediate areas JDG Investments is quite comfortable that this desired special use will actually enhance our remaining property values as well as the properties near this facility JDG Investments feel this can be considered a public necessity as there are limited recreational facilities available in this immediate area Staff The County is in need of public recreational areas 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 JDG Investments feels this proposed project falls well the scope of the County’s efforts to provide safe and improved quality of life facilities to all citizens of Johnston County where such facilities do not currently exist Staff Applicant will abide by all requirements of the Land Development Code , building code , and any conditions and or requirements placed on the development by the boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation 8 am - 11 pm , seven days a week 4 Per NCDOT , traffic will be served internally and no additional driveway will be allowed off Vinson Rd 5 Security fencing around pool will be required , and only access to pool is through the clubhouse 6 Applicant will install a landscape berm with plantings as noted in their justification for the proposed rezoning 7 Any proposed outdoor lighting must not shine directly onto adjacent property owners 8 Class A buffering 2 large trees , 2 small tress , and 6 shrubs every 100 linear feet will be required along all rezoning lines 9 Signage must comply with sign code In response to a question from Commissioner DeVan Barbour regarding discussion about the hours of operation , Mr Gray stated the proposed hours were reviewed by the Planning Board and specifically mentioned at the meeting Commissioner Tony Braswell asked what the hours of operation are for the Snow Hill fitness club PagePage pageNumber6690 November 6 , 2006 - 6 00 pm Continued Applicant Bobby Taylor , with T & S Court Services , responded the hours of operation in Snow Hill are until 11 30 pm seven days a week He commented that since opening in 2000 , someone has been there until 11 00 pm maybe two or three nights This facility host a tennis tournament twice a year , which sometimes last until 11 00 pm at night , and that is the reasoning for the hours of operation Mr Taylor stated that most members using the tennis courts leave by 9 30 pm - 10 00 pm Further , he noted this depends on the seasons and the temperature In response to an additional question from Commissioner Tony Braswell , he replied that Sunday is the second busiest day in Snow Hill , however , members typically leave by 8 00 pm - 9 00 pm In response to a question from Commissioner Pope regarding security at the Snow Hill club , Mr Taylor stated the members take pride in the facility , and it seems to take care of itself Commissioner Jeffrey P Carver asked if the Applicant is willing to limit the hours of operation for outside activity to 10 00 pm Mr Taylor responded that he is willing to do what is necessary to receive approval of the special use permit and make the neighbors as happy as possible , however , he emphasized the proposed tennis court lighting is residentially approved for subdivisions around the country David Carpenter , 643 Vinson Road , Clayton , asked if the swim club will be available for private parties , wedding receptions , etc with bands and loud music Mr Taylor stated the similar facility in Snow Hill is open to members to hold pool parties for kids ’ birthdays and comparable instances He emphasized the facility will not allow parties with live bands or excessive noise Mr Gray noted the Planning Board recommended approval of the special use request for Case 06 - 25 There being no further comments , the Chairman recessed the Special Use Hearing for Case 06 - 25 Decision on Special Use Case 06 - 25 Case 06 - 25 Application to allow for the operation of a private public tennis , fitness & swim club Applicant Bobby Taylor Owner JDG Investments , Inc 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 Owner JDG Investments , Inc and Applicant Bobby Taylor to allow for the operation of a private public tennis , fitness & swim club , on Vinson Road in the Wilson’s Mills Township , with modification to Condition # 3 , and addition of Condition # 10 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 ; The proposed project is located in a property currently being developed into a residential subdivision known as the Knolls at the Neuse and is in close proximity to a proposed subdivision known as Sierra Heights ; both projects of the JDG Investments , Inc The design of the project including tournament clay tennis courts , an indoor exercise area , and swim facilities operating between 8 am - 11 pm daily will be buffered by a landscape berm with plantings to insure minimal impact to adjacent property owners Numerous afternoon and summer programs will be offered to both adults and children For reasons of public safety , security measures and gating will be required around the proposed development Hours of operation mentioned above will also be enforced to respect and maintain the public’s general welfare 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 intends to comply with all regulatory authorities affecting this project By serving the public and residents of the subdivision , proposed design of the tennis and fitness club will compliment the character of the neighborhood and community Site will be buffered with landscape requirements and a voluntary berm to insure minimal impact to adjacent property owners 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 ;PagePage pageNumber7691 November 6 , 2006 - 6 00 pm Continued As noted above , JDG Investments , Inc is promoting this project as an amenity to the general public as well as to purchasers of new homes in the immediate areas JDG Investments is quite comfortable that this desired special use will actually enhance the remaining property values as well as the properties near this facility JDG Investments , Inc feels this can be considered a public necessity as there are limited recreational facilities available in this immediate area The County is in need of public recreational areas 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 JDG Investments , Inc feels this proposed project falls well the scope of the County’s efforts to provide safe and improved quality of life facilities to all citizens of Johnston County where such facilities do not currently exist Applicant will abide by all requirements of the Land Development Code , building code , and any conditions and or requirements placed on the development by the boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Hours of operation 8 am - 11 pm , seven days a week for inside activities 8 am - 10 pm , seven days a week for outside activities 4 Per NCDOT , traffic will be served internally and no additional driveway will be allowed off Vinson Rd 5 Security fencing around pool will be required , and only access to pool is through the clubhouse 6 Applicant will install a landscape berm with plantings as noted in their justification for the proposed rezoning 7 Any proposed outdoor lighting must not shine directly onto adjacent property owners 8 Class A buffering 2 large trees , 2 small tress , and 6 shrubs every 100 linear feet will be required along all rezoning lines 9 Signage must comply with sign code 10 No live bands permitted The Chairman reopened the Rezoning Hearing for Case 06 - 26 Case 06 - 26 Petition to rezone from Agricultural Residential AR to Community Business Special Use District CB - SUD a 15 acre tract and approximately 103 acres of a 100 + acre tract for a total of 1603 acres located at the intersection of Stephenson Road SR 1322 and Old Fairground Road SR 1309 in Pleasant Grove Township Tax ID’s 13D05008C & 13D05008A Applicant Johnston County Owners Bennie Ray & Delores Benson Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone from Agricultural Residential AR to Community Business Special Use District CB - SUD a 15 acre tract and approximately 103 acres of a 100 + acre tract for a total of 1603 acres located at the intersection of Stephenson Road SR 1322 and Old Fairground Road SR 1309 in the Pleasant Grove Township The surrounding zoning is predominantly Agricultural - Residential Mr Gray stated the accompanying special use request is to allow for a solid waste and recyclables convenience center , with an office for an attendant The current convenience center at McGee’s Crossroads is slated to close soon Haywood Phthisic , Assistant Public Utilities Director , offered to answer any questions He noted there are very few residences in close proximity to the subject property In response to a question from Commissioner Jeffrey P Carver , Mr Phthisic stated the proposed lease is 400 a month for ten years , with terms for escalation and a caveat that the County can end the lease if plans change Commissioner Tony Braswell asked if any citizens had expressed opposition to the requests Mr Phthisic stated that he met with a lady who initially had concerns about the driveway location , however , those concerns have been resolved Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 26 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 26 Decision on Rezoning Case 06 - 26 Case 06 - 26 Petition to rezone from Agricultural Residential AR to Community Business Special Use District CB - SUD a 15 acre tract and approximately 103 acres of a 100 + acre tract for a total of 1603 acres located at the intersection of Stephenson Road SR 1322 and Old FairgroundPagePage pageNumber8692 November 6 , 2006 - 6 00 pm Continued Road SR 1309 in Pleasant Grove Township Tax ID’s 13D05008C & 13D05008A Applicant Johnston County Owners Bennie Ray & Delores Benson Commissioner Tony Braswell moved the Board approve rezoning case 06 - 26 , to rezone from Agricultural Residential AR to Community Business Special Use District CB - SUD a 15 acre tract and approximately 103 acres of a 100 + acre tract for a total of 1603 acres located at the intersection of Stephenson Road SR 1322 and Old Fairground Road SR 1309 in the Pleasant Grove Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 26 Case 06 - 26 Application to allow for a Public Utilities Convenience Center for solid waste disposal and recycling with an office Applicant Johnston County Owners Bennie Ray & Delores Benson Those wishing to speak on Special Use Case 06 - 26 were sworn in by the Clerk to the Board Assistant Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to allow for a Public Utilities Convenience Center for solid waste disposal and recycling with an office He introduced the following summary of evidence into the record and specifically pointed out the requirements of Condition # 3 - Class B Buffer , and Condition # 4 - fencing and applicable security gate A pre - application consultation was held with the applicant for Case 06 - 26 on August 1 , 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 • 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 September 19 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 26 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 , Case 06 - 26 , 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 Convenience center is necessary to provide disposal facilities for solid waste and recyclables Public Health Staff Convenience centers were are developed as a method for residents of the county to dispose of their garbage in a manner that is safe for the environment and more functional for the user This method has proven to be a relief on the environment and is more economically cost effective for the countys residents Site will be manned and secured with a gate 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 center is secure fenced and with hours of operation See Guide and closed Wednesday and Sunday Site is manned Staff The use or development will comply with all specific standards listed in Section 14 - 257 and conditions as placed by the boards Vegetative buffering will help minimize and screen the proposed CB zoned development from adjacent AR zoned properties 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 site will be buffered with vegetative growth and or privacy fencing Staff Solid Waste Convenience Centers are a public necessity to properly dispose of waste in an environmentally friendly manner , to allow for no - cost recycling , and to provide an alternative to transporting waste to the county’s landfill PagePage pageNumber9693 November 6 , 2006 - 6 00 pm Continued 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 site will conform with all rules and regulations associated with solid waste facilities Staff The proposed public - use facility and development of the site appears to conform to all applicable policies and ordinance standards in regard to Solid Waste and Land Development 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 along all rezoning lines 4 Convenience Center must be secured with fencing and applicable security gate 5 Hours of operation Johnston County Convenience Center Site Hours see Guide - Attach # 3 6 Signage shall comply with the Sign Code Commissioner Allen L Mims , Jr commented that he was glad to see the site plan illustrated the landscaping on the outside of the perimeter fencing Mr Gray noted the Planning Board recommended approval of the special use request for Case 06 - 26 There being no further comments , the Chairman recessed the Special Use Hearing for Case 06 - 26 Decision on Special Use Case 06 - 26 Case 06 - 26 Application to allow for a Public Utilities Convenience Center for solid waste disposal and recycling with an office Applicant Johnston County Owners Bennie Ray & Delores Benson Based on the following findings of fact with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owners Bennie Ray & Delores Benson , and Applicant Johnston County to allow for a Public Utilities Convenience Center for solid waste disposal and recycling with an office on Old Fairground Road in the Pleasant Grove 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 ; Convenience center is necessary to provide disposal facilities for solid waste and recyclables Public Health Convenience centers were are developed as a method for residents of the county to dispose of their garbage in a manner that is safe for the environment and more functional for the user This method has proven to be a relief on the environment and is more economically cost effective for the countys residents Site will be manned and secured with a gate 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 center is secure fenced and with hours of operation See Guide and closed Wednesday and Sunday Site is manned The use or development will comply with all specific standards listed in Section 14 - 257 and conditions as placed by the boards Vegetative buffering will help minimize and screen the proposed CB zoned development from adjacent AR zoned properties 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 site will be buffered with vegetative growth and or privacy fencing Solid Waste Convenience Centers are a public necessity to properly dispose of waste in an environmentally friendly manner , to allow for no - cost recycling , and to provide an alternative to transporting waste to the county’s landfill 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The site will conform with all rules and regulations associated with solid waste facilities The proposed public - use facility and development of the site appears to conform to all applicable policies and ordinance standards in regard to Solid Waste and Land Development 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 along all rezoning lines 4 Convenience Center must be secured with fencing and applicable security gate Page0694 November 6 , 2006 - 6 00 pm Continued 5 Hours of operation Johnston County Convenience Center Site Hours see Guide - Attach # 3 6 Signage shall comply with the Sign Code The Chairman reopened the Rezoning Hearing for Case 06 - 28 Case 06 - 28 Petition to rezone from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD 447 acres of a 6118 acre tract located at 7792 Cleveland Road SR 1010 , which is approximately 1 10 mile east of its intersection with Josephine Road SR 1526 in Cleveland Township Tax ID 06F04002 Applicant Alltel Communications , Inc Owner Roger K Barbour Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD 447 acres of a 6118 acre tract located at 7792 Cleveland Road SR 1010 , which is approximately 1 10 mile east of its intersection with Josephine Road SR 1526 in the Cleveland Township The surrounding zoning is predominantly Agricultural - Residential Bill Howard , Development Agent for Alltel Communications , Inc , asked the Board approve the rezoning request and accompanying special use permit to allow for a 199 ’ cell tower and 249 ’ fall zone He noted there are no alternative locations within four miles of the subject property The nearest tower is more than five miles away , and Alltel has already co - located on this site Alltel completed the site hierarchy , which is required by Section 14 - 257 of the County Ordinance , and spoke with the Superintendent of Johnston County Schools about locating at Polenta Elementary School , and using the site as public property , however , Johnston County Schools denied the request Mr Howard stated that the proposed facility meets the County’s ordinance requirements He pointed out the application received a satisfactory review by the County’s consultant , The th Center for Municipal Solutions , and the Planning Board recommended unanimous approval on September 19 Further , in Alltel’s opinion , there will be no adverse impact on the surrounding neighborhood Rusty Monroe , with The Center for Municipal Solutions , reported based on the application , Alltel clearly proved the need for the cell tower at the particular location Bob Orchard , 50 Josephine Road , Garner , adjacent property owner to the west , noted the proposed site is within a 61 acre tract , and asked if the tower could be located an additional 3,000 ft back so that it will not be visible from nearby homes He requested the Board consider the skyline of Johnston County , and stated , in his opinion , the proposed tower is not attractive He suggested the use of cell towers that model pine trees , and argued this option will be more acceptable to surrounding property owners In response to a question from Commissioner Allen L Mims , Jr regarding the height of the “ pine tree – cell towers ” , Mr Orchard responded the towers are up to 250 - 300 ft tall Mr Howard emphasized that Alltel is striving to provide the best signal strength , and this will be affected if the tower is moved 3,000 ft from the proposed site Further , Alltel chose the particular site because it offered existing , mature vegetation for screening buffering purposes In response to Commissioner Mims ’ question and Mr Orchard’s comments , Mr Howard stated that he was not aware of 250 - 300 ft pine - tree cell towers Flag pole towers , such as the suggested Polenta school site , can only hold three carriers ; the proposed facility will hold six carriers In his opinion , the proposed site will be far less intrusive than the school site He noted Graham Herring conducted an impact investigation , and concluded the proposed tower will not impact the values of surrounding properties Mr Howard commented that Alltel is experiencing a massive demand for services in residential districts , and it has become a necessity to provide the signal strength to meet the demand Brett Slough , Project Engineer for Alltel , added the search ring for the proposed tower centered on the Barbour property Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 28 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 28 Decision on Rezoning Case 06 - 28 Case 06 - 28 Petition to rezone from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD 447 acres of a 6118 acre tract located at 7792 Cleveland Road SR 1010 , which is approximately 1 10 mile east of its intersection with Josephine Road SR 1526 inPage1695 November 6 , 2006 - 6 00 pm Continued Cleveland Township Tax ID 06F04002 Applicant Alltel Communications , Inc Owner Roger K Barbour Commissioner Jeffrey P Carver moved the Board approve rezoning case 06 - 28 , to rezone from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD 447 acres of a 6118 acre tract located at 7792 Cleveland Road SR 1010 , which is approximately 1 10 mile east of its intersection with Josephine Road SR 1526 in the Cleveland Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 28 Case 06 - 28 Application to allow for a 199 ’ cell tower and 249 ’ fall zone Applicant Alltel Communications , Inc Owner Roger K Barbour Those wishing to speak on Special Use Case 06 - 28 were sworn in by the Clerk to the Board Assistant Planning and Zoning Director Berry Gray introduced the special use case , and stated the request is to allow for a 199 ’ cell tower and 249 ’ fall zone He introduced the following summary of evidence into the record , and specifically pointed out Condition # 2 A pre - application consultation was held with the applicant for Case 06 - 28 on August 28 , 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 • 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 September 19 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 28 and made the following recommendations Upon a motion by Mr Gathers , seconded by Mr Schulz , and carried by a unanimous vote of 9 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 06 - 28 , 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 Please see Alltel narrative dated July 31 , 2006 for further information The 199 ’ communication tower complies fully with the County development standards , and will provide critical wireless communications in areas presently having none Staff Please see recommendation of The Center for Municipal Solutions , letter dated September 8 , 2006 2 That the use of development does appear to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Please see Alltel narrative dated July 31 , 2006 for detailed explanation of the project compliance with code requirements Staff Please see recommendation of The Center for Municipal Solutions , letter dated September 8 , 2006 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 Please see Alltel narrative dated July 31 , 2006 for full explanation The proposed communication tower will have no adverse impact on adjacent property values , and will enhance wireless communications throughout the area Staff Please see recommendation of The Center for Municipal Solutions , letter dated September 8 , 2006 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 Please see Alltel narrative dated July 31 , 2006 for detailed explanation of the project compliance with code requirements Staff Please see recommendation of The Center for Municipal Solution , letter dated September 8 , 2006 Page2696 November 6 , 2006 - 6 00 pm Continued Special Use Conditions 1 All conditions recommended by The Center for Municipal Solutions in a letter dated September 8 , 2006 a Alltel seeks relief of planted landscaping around the fenced equipment compound The existing hardwood vegetation that surrounds this site in all directions , combined with the distance of the tower from adjoining property lines , screens and buffers the facility far better than could be achieved with any post - construction plantings Request approved b An endorsed Certificate of Insurance shall be furnished to the County prior to the issuance of the Building Permit c To prevent warehousing of permits or authorizations and to assure the best service to the County’s residents as expeditiously as possible , the facility must be built , activated and be providing service no later than one hundred & twenty 120 days after the issuance of the Special Use Permit or other applicable authorization d The monopole tower shall be limited to 199 ’ above pre - disturbance or pre - construction ground level , ie no berm shall be permitted e In order to minimize the profile ie visual intrusiveness of the antenna array , Alltel Communications shall use mounts and standoffs that do not extend more than 24 ” inches out from the tower f Once Alltel Communications has met all the conditions of the permit and any other requirements of the County and a building permit has been issued , they must notify the County’s consultant if an inspection is required which is not performed by the County so that it may be performed by CMS for the County g At the completion of construction the Applicant must notify the County’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on - site inspection Upon passing the final inspection by the County’s consultant a recommendation regarding the issuance of a certificate of occupancy shall be made h After the County’s receipt of CMS’s final invoice , all moneys owed the County must have been paid before the facility shall be allowed to provide service commercially and generate revenue from its use i Alltel Communications Wireless shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent has been issued or risk forfeiting its Permit 2 Addition of a landscape buffer of Leland cypress or evergreen along the Western edge of the property Bill Howard , Development Agent for Alltel Communications , Inc , requested the Board consider his comments from the rezoning hearing for Case 06 - 28 Rusty Monroe , with The Center for Municipal Solutions CMS , stated the application presented by th Alltel is a clean one He referred to the standard recommendations set forth in the September 8 letter from CMS Mr Gray noted the Planning Board recommended approval of the special use request for Case 06 - 28 There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 28 Decision on Special Use Case 06 - 28 Case 06 - 28 Application to allow for a 199 ’ cell tower and 249 ’ fall zone Applicant Alltel Communications , Inc Owner Roger K Barbour Based on the following findings of fact with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owners Roger K Barbour , and Applicant Alltel Communications , Inc to allow for a 199 ’ cell tower and 249 ’ fall zone at 7792 Cleveland Road in the Cleveland Township Commissioner Allen L Mims , Jr 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 ; Board decision based on the following information Alltel narrative dated July 31 , 2006 , and recommendations from The Center for Municipal Solutions , letter dated September 8 , 2006 2 That the use of development does appear 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 ; Board decision based on the following information Alltel narrative dated July 31 , 2006 , and recommendations from The Center for Municipal Solutions , letter dated September 8 , 2006 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 ; Board decision based on the following information Alltel narrative dated July 31 , 2006 , and recommendations from The Center for Municipal Solutions , letter dated September 8 , 2006 Page3697 November 6 , 2006 - 6 00 pm Continued 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 Board decision based on the following information Alltel narrative dated July 31 , 2006 , and recommendations from The Center for Municipal Solutions , letter dated September 8 , 2006 Special Use Conditions 1 All conditions recommended by The Center for Municipal Solutions in a letter dated September 8 , 2006 a Alltel seeks relief of planted landscaping around the fenced equipment compound The existing hardwood vegetation that surrounds this site in all directions , combined with the distance of the tower from adjoining property lines , screens and buffers the facility far better than could be achieved with any post - construction plantings Request approved b An endorsed Certificate of Insurance shall be furnished to the County prior to the issuance of the Building Permit c To prevent warehousing of permits or authorizations and to assure the best service to the County’s residents as expeditiously as possible , the facility must be built , activated and be providing service no later than one hundred & twenty 120 days after the issuance of the Special Use Permit or other applicable authorization d The monopole tower shall be limited to 199 ’ above pre - disturbance or pre - construction ground level , ie no berm shall be permitted e In order to minimize the profile ie visual intrusiveness of the antenna array , Alltel Communications shall use mounts and standoffs that do not extend more than 24 ” inches out from the tower f Once Alltel Communications has met all the conditions of the permit and any other requirements of the County and a building permit has been issued , they must notify the County’s consultant if an inspection is required which is not performed by the County so that it may be performed by CMS for the County g At the completion of construction the Applicant must notify the County’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on - site inspection Upon passing the final inspection by the County’s consultant a recommendation regarding the issuance of a certificate of occupancy shall be made h After the County’s receipt of CMS’s final invoice , all moneys owed the County must have been paid before the facility shall be allowed to provide service commercially and generate revenue from its use i Alltel Communications Wireless shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent has been issued or risk forfeiting its Permit 2 Addition of a landscape buffer of Leland cypress or evergreen along the Western edge of the property 3 Planning Board Request - Call for Public Hearing Manufactured Home Skirting Amendment th Commissioner Wade M Stewart moved the Board schedule a public hearing for the December 4 6 00 pm meeting to discuss an amendment Section 14 - 75 of the County Code of Ordinances concerning mobile home underpinning Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 4 Planning Staff Request - Call for Public Hearing Road Name Changes Due to 70 Bypass th Commissioner Wade M Stewart moved the Board schedule a public hearing for the December 4 6 00 pm meeting to discuss road name changes due to the Highway 70 Bypass Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 5 Planning Board Request – Recommendation Moratorium on New Subdivisions Assistant Planning and Zoning Director Berry Gray noted the Growth Management Committee recommendations will be coming forward soon Until that time , the Johnston County Planning Board is recommending the Board of Commissioners adopt a moratorium on the approval of new major subdivisions in Johnston County , which is any subdivision over three homes County Attorney Mark Payne stated a moratorium can only be adopted after a public hearing and the approval of a moratorium ordinance A moratorium of more than 60 days will require the Board of Commissioners to provide more detailed findings on the need for the moratorium Commissioner DeVan Barbour moved the Board deny the Planning Board recommendation Commissioner Wade M Stewart seconded the motion Page4698 November 6 , 2006 - 6 00 pm Continued Discussion Commissioner Allen L Mims , Jr stated the proposed moratorium will be on approving lots , and has nothing to do with building homes on the 17,000 lots already approved by the County He pointed out the Planning Department is currently three staff members short , and the Planning Board has not heard from the Board of Education in two months regarding available school capacity Commissioner Mims expressed concern that developers might stockpile approved lots in anticipation of the release of the Growth Management Plan He stated , in his opinion , a public hearing on the proposed moratorium is appropriate , and will give all the citizens of Johnston County an opportunity to address the Board on the matter Commissioner DeVan Barbour recommended the Planning Board table decisions until they have all the relevant information Commissioner Jeffrey P Carver concurred with Commissioner Mim