December 4, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 716 Meeting of the Johnston County Board of Commissioners December 4 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 4 , 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 , 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 – November 24 , 28 , 2006 Certified letters were mailed to adjoining property owners on November 22 , 2006 , and notices posted at the locations on September 6 , 2006 for Case 06 - 27 , and October 3 , 2006 for Case 06 - 30 The Chairman opened the Rezoning Hearing for Case 06 - 27 Case 06 - 27 Petition to rezone a 1615 acre tract from Agricultural - Residential District AR to Industrial 2 Special Use District I2 - SUD located at 1021 Motorcycle Road , which is approximately one mile northwest of its intersection with NC 42 East in Wilders Township Tax ID 16K05001A Applicant Gary Lynch Owners Gary Lynch Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone a 1615 acre tract from Agricultural - Residential District AR to Industrial 2 Special Use District I2 - SUD located at 1021 Motorcycle Road , which is approximately one mile northwest of its intersection with NC 42 East in the Wilders Township Flowers Plantation Planned Unit Development PUD is adjacent to the subject property ; 42 East LLC PUD , which is owned by the Applicant Gary Lynch , surrounds the remainder of the subject property Mr Gray noted the accompanying special use request is to allow for the operation of a Land Clearing and Inert Debris LCID recycling center Henry Campen , Attorney for the Applicant , informed the Board that the former owner operated a LCID landfill on the site from 1993 - 2003 The NC Division of Environment and Natural Resources DENR cited the operator for violations in 2003 for operating beyond the bounds of the state permit The State ordered the operation to cease , and to consolidate the site , which had grown to 16 acres , back to two acres After another violation , the State concluded that it was not feasible to remove all the material , and then asked that the operator continue with the consolidation effort and cover the area when completed The new owner , Gary Lynch , acquired the property in 2004 , and began immediate remediation to comply with DENR’s Notice of Violation Order Mr Campen noted this work is almost complete On behalf of the Applicant , he requested the Board rezone the property to Industrial 2 Special Use District , and approve the accompanying special use permit This will allow the Applicant to continue processing the existing material beyond the DENR requirement , with the objective of clearing the entire 16 acres and returning the property to a Residential - Agricultural use The special use permit includes permission to accept material from off - site to alleviate the substantial expense the Applicant is incurring by completing the remediation of the property Mr Campen introduced State Certified General Appraiser Mark James , who concluded the rezoning and special use operation will not have a negative effect on property values He also introduced Traffic Engineer Gary Falkner , who concluded there will not be an impact on traffic Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 27 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 27 Decision on Rezoning Case 06 - 27 Case 06 - 27 Petition to rezone a 1615 acre tract from Agricultural - Residential District AR to Industrial 2 Special Use District I2 - SUD located at 1021 Motorcycle Road , which is approximately onePage717 December 4 , 2006 - 6 00 pm Continued mile northwest of its intersection with NC 42 East in Wilders Township Tax ID 16K05001A Applicant Gary Lynch Owners Gary Lynch Commissioner Allen L Mims , Jr moved the Board approve rezoning case 06 - 27 , to rezone a 1615 acre tract from Agricultural - Residential District AR to Industrial 2 Special Use District I2 - SUD located at 1021 Motorcycle Road , which is approximately one mile northwest of its intersection with NC 42 East in the Wilders Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 27 Case 06 - 27 Application to allow for the operation of a LCID recycling center Applicant Gary Lynch Owners Gary Lynch Those wishing to speak on Special Use Case 06 - 27 were sworn in by the Deputy 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 Land Clearing and Inert Debris LCID recycling center He introduced the following summary of evidence into the record , and specifically pointed out Special Use Conditions # 10 , 11 , 12 , 15 , and 17 A pre - application consultation was held with the applicant for Case 06 - 27 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 October 17 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 27 and made the following recommendations Upon a motion by Mr Byrd , seconded by Mr Johnson , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 06 - 27 , 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 1 The Subject property is currently under a Notice of Violation issued in July 2003 by the NCDENR A special use permit will allow Mr Lynch Applicant to accept new LCID materials publicly at the subject property for processing along with the existing LCID materials mined Accepting new LCID materials will allow Mr Lynch to conduct his proposed remediation effort This remediation effort will clean up the subject property and recycle LCID materials mined from the existing landfill The result will ultimately be the satisfaction of the Notice of Violation and the restoration of the subject property to its condition before the development of the existing landfill As a result , the public health , safety , and general welfare will be improved by the issuance of a special use permit 2 A 25 - foot minimum distance will be maintained around the periphery of the processing area to allow adequate access by equipment and or fire fighting equipment 3 As indicated by the preliminary wetlands evaluation determination by Ralph Whitehead Associates , Inc , the subject property dos not contain any wetlands or waters 4 GN Richardson and Associates , Inc has prepared a Stormwater Management Plan and Erosion and Sedimentation Control Plan , which will ensure the remediation effort’s compliance with all applicable state and local laws and regulations Staff The location of the recycling center will reduce the current traffic and impact on roads by using the recycling site for all the new approved development within the area Trucks currently drive right past this site to Loop Road to dump inert debris The site will be putting up a new security gate to prevent unauthorized access when the site is closed and unmanned Site is not located within a floodplain , wetlands , or special environmental area 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 ;Page718 December 4 , 2006 - 6 00 pm Continued Applicant 1 The use will comply with all standards applicable to property designated Agricultural - Residential under the County Zoning Map , the Land Development Code , and the Johnston County Design Manual 2 There are no applicable specific standards contained in section 14 - 257 of the Land Development Code for the LCID recycling operations proposed by Mr Lynch 3 The site will be permitted under 15A NCAC 13B 0300 as a Treatment and Processing Facility with the NCDENR Additionally , permits will be obtained from the NCDENR Division of Land Quality , and the Johnston County Stormwater Administrator Staff There are no specific standards within our Land Development Code for an LCID site , however , the applicant will be required to abide by all NCDENR requirements under 15A NCAC 13B 0300 as a Treatment and Processing facility , Johnston County Stormwater requirements , and NCDENR Division of Land Quality 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 1 The property to the north , east , and south of the Subject Property is owned by Mr Lynch’s company , 42 East , LLC , is currently undeveloped , and is zoned Agricultural - Residential - SUD The property to the west of the Subject Property is zoned PUD A minimum 200 - foot buffer between the processing areas and the closest residences is maintained A minimum 50 - foot buffer between the processing and storage areas and property lines is also maintained 2 Until 2003 , the existing landfill was operating and accepting LCID materials on the subject property Today , the subject property is inactive due to the Notice of Violation issued by the NCDENR as certain violations of State law remain outstanding By allowing Mr Lynch to process new LCID materials along with the existing LCID debris from the Existing Landfill the County will be aiding Mr Lynch’s remediation effort and ensuring that the subject property is returned to its pre - existing landfill condition Staff By allowing this existing LCID site to be cleaned up as proposed , it will alleviate impacts to the neighborhood residential development and will enhance the value of contiguous property A local county recycling and LCID site will reduce the amount of yard waste and inert debris brought to the county’s landfill , providing a necessary service to the county 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant 1 The subject property is zoned Agricultural - Residential under the County’s Land Development Code This district is intended to encourage the continuance of agricultural uses as well as to ensure that residential development will occur at sufficient densities to provide for a range of housing opportunities throughout the county The remediation effort is intended to recycle LCID materials on the subject property for use in the surrounding area , thus aiding nearby residential development while maintaining the rural nature of the subject property 2 The subject property will maintain a minimum 200 - foot buffer between the processing areas and the closest residences and a 50 - foot buffer between the processing and storage areas and property lines 3 There are no historic resources that would be impacted by the remediation effort A letter to this effect from the North Carolina Department of Cultural Resources State Historic Preservation Office has been received by the Applicant Likewise , the NCDENR has informed Mr Lynch that there are no records of rare species within two kilometers of the subject property Staff The remediation effort is intended to recycle LCID materials on the subject property for use in the surrounding area , thus aiding residential development , along with bringing the site back to pre - existing landfill status for potential future residential 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 Applicant must obtain all necessary state permits and fulfill all requirements with the state’s Solid Waste Management 4 Liability insurance will be maintained at all times at a minimum of one million dollars single limit 5 Operating Hours Monday - Friday 7am - 7pm Saturday 7 am - 5pm and Closed on Sundays 6 Noise levels of machinery will not exceed 68dBA at the borders of the site 7 Any dyes used will be of non - toxic and organic nature 8 Existing 200 ft buffer between residents and processing areas must remain 9 Security gate will need to be installed at the entrance and remain secure when the site is unmanned 10 Temporary site , five years after recording special use permit , land will revert back to AR zoning 11 Per Archer Lodge Fire Department , 42 East will stage an additional 1,000 feet of fire hose to supplement fire rescue , and stage a soil stockpile in the event of a landfill fire 12 Dust will be controlled and regulated with a water truck and grinders with self - containing water hoses 13 Materials to be disposed of shall consist of Inert Clearing Waste , Inert Debris , Untreated Wood and Yard Trash pursuant to Solid Waste Management Rules 14 No walk - in traffic or retail sales will be allowed on site All materials for sale must be hauled off - site 15 The landfill operator must be responsible for removal of any and all debris , dirt , or other materials which fall from trucks entering or leaving the landfill along Motorcycle Road on at least a weekly basis 16 Installation of at least a Class C buffer 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet along common property lines at the “ Gardens at Flowers Plantation ” subdivision and maintain the existing vegetation of commonly owned property with Tax Id 16K05001Z and or install the minimum 30 ft Class C buffer prior to final plat recording of adjacent parcels of 42 East LLC Planned Unit Development 17 Submit a copy to Staff for public record of the required annual reports for NC DENR providing the site’s records of the inflow and outflow of material Page719 December 4 , 2006 - 6 00 pm Continued Henry Campen , Attorney for the Applicant , offered to answer any questions from the Board He referenced the material in the Commissioners ’ agenda packets regarding Case 06 - 27 , including numerous reports completed on the project Also present to answer questions were Gary Lynch , Applicant , Stacey Smith , engineer on the project , Mark James , State certified general appraiser , and Gary Falkner , traffic engineer Mr Gray noted the Planning Board recommended approval of the special use request for Case 06 - 27 There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 27 Decision on Special Use Case 06 - 27 Case 06 - 27 Application to allow for the operation of a LCID recycling center Applicant Gary Lynch Owners Gary Lynch 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 Applicant Owner Gary Lynch to allow for the operation of a LCID recycling center at 1021 Motorcycle Road in the Wilders Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Commissioner Jeffrey P Carver commented on the excellent jobs of the Applicant working with the neighbors , and the Planning Board with the special use conditions Commissioner Allen L Mims , Jr reiterated Commissioner Carver’s comments 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 Subject property is currently under a Notice of Violation issued in July 2003 by the NCDENR A special use permit will allow Mr Lynch Applicant to accept new LCID materials publicly at the subject property for processing along with the existing LCID materials mined Accepting new LCID materials will allow Mr Lynch to conduct his proposed remediation effort This remediation effort will clean up the subject property and recycle LCID materials mined from the existing landfill The result will ultimately be the satisfaction of the Notice of Violation and the restoration of the subject property to its condition before the development of the existing landfill As a result , the public health , safety , and general welfare will be improved by the issuance of a special use permit 2 A 25 - foot minimum distance will be maintained around the periphery of the processing area to allow adequate access by equipment and or fire fighting equipment 3 As indicated by the preliminary wetlands evaluation determination by Ralph Whitehead Associates , Inc , the subject property dos not contain any wetlands or waters 4 GN Richardson and Associates , Inc has prepared a Stormwater Management Plan and Erosion and Sedimentation Control Plan , which will ensure the remediation effort’s compliance with all applicable state and local laws and regulations 5 The location of the recycling center will reduce the current traffic and impact on roads by using the recycling site for all the new approved development within the area Trucks currently drive right past this site to Loop Road to dump inert debris 6 The site will be putting up a new security gate to prevent unauthorized access when the site is closed and unmanned 7 Site is not located within a floodplain , wetlands , or special environmental area 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 ; 1 The use will comply with all standards applicable to property designated Agricultural - Residential under the County Zoning Map , the Land Development Code , and the Johnston County Design Manual 2 There are no applicable specific standards contained in section 14 - 257 of the Land Development Code for the LCID recycling operations proposed by Mr Lynch 3 The site will be permitted under 15A NCAC 13B 0300 as a Treatment and Processing Facility with the NCDENR Additionally , permits will be obtained from the NCDENR Division of Land Quality , and the Johnston County Stormwater Administrator 4 There are no specific standards within the County’s Land Development Code for an LCID site , however , the applicant will be required to abide by all NCDENR requirements under 15A NCAC 13B 0300 as a Treatment and Processing facility , Johnston County Stormwater requirements , and NCDENR Division of Land Quality 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 ; 1 The property to the north , east , and south of the Subject Property is owned by Mr Lynch’s company , 42 East , LLC , is currently undeveloped , and is zoned Agricultural - Residential - SUD The property to the west of the Subject Property is zoned PUD A minimum 200 - foot buffer between the processing areas and the closest residences is maintained A minimum 50 - foot buffer between the processing andPagePage pageNumber5720 December 4 , 2006 - 6 00 pm Continued storage areas and property lines is also maintained 2 Until 2003 , the existing landfill was operating and accepting LCID materials on the subject property Today , the subject property is inactive due to the Notice of Violation issued by the NCDENR as certain violations of State law remain outstanding By allowing Mr Lynch to process new LCID materials along with the existing LCID debris from the Existing Landfill the County will be aiding Mr Lynch’s remediation effort and ensuring that the subject property is returned to its pre - existing landfill condition 3 By allowing this existing LCID site to be cleaned up as proposed , it will alleviate impacts to the neighborhood residential development and will enhance the value of contiguous property A local county recycling and LCID site will reduce the amount of yard waste and inert debris brought to the county’s landfill , providing a necessary service to the county 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners 1 The subject property is zoned Agricultural - Residential under the County’s Land Development Code This district is intended to encourage the continuance of agricultural uses as well as to ensure that residential development will occur at sufficient densities to provide for a range of housing opportunities throughout the county The remediation effort is intended to recycle LCID materials on the subject property for use in the surrounding area , thus aiding nearby residential development while maintaining the rural nature of the subject property 2 The subject property will maintain a minimum 200 - foot buffer between the processing areas and the closest residences and a 50 - foot buffer between the processing and storage areas and property lines 3 There are no historic resources that would be impacted by the remediation effort A letter to this effect from the North Carolina Department of Cultural Resources State Historic Preservation Office has been received by the Applicant Likewise , the NCDENR has informed Mr Lynch that there are no records of rare species within two kilometers of the subject property 4 The remediation effort is intended to recycle LCID materials on the subject property for use in the surrounding area , thus aiding residential development , along with bringing the site back to pre - existing landfill status for potential future residential 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 Applicant must obtain all necessary state permits and fulfill all requirements with the state’s Solid Waste Management 4 Liability insurance will be maintained at all times at a minimum of one million dollars single limit 5 Operating Hours Monday - Friday 7am - 7pm Saturday 7 am - 5pm and Closed on Sundays 6 Noise levels of machinery will not exceed 68dBA at the borders of the site 7 Any dyes used will be of non - toxic and organic nature 8 Existing 200 ft buffer between residents and processing areas must remain 9 Security gate will need to be installed at the entrance and remain secure when the site is unmanned 10 Temporary site , five years after recording special use permit , land will revert back to AR zoning 11 Per Archer Lodge Fire Department , 42 East will stage an additional 1,000 feet of fire hose to supplement fire rescue , and stage a soil stockpile in the event of a landfill fire 12 Dust will be controlled and regulated with a water truck and grinders with self - containing water hoses 13 Materials to be disposed of shall consist of Inert Clearing Waste , Inert Debris , Untreated Wood and Yard Trash pursuant to Solid Waste Management Rules 14 No walk - in traffic or retail sales will be allowed on site All materials for sale must be hauled off - site 15 The landfill operator must be responsible for removal of any and all debris , dirt , or other materials which fall from trucks entering or leaving the landfill along Motorcycle Road on at least a weekly basis 16 Installation of at least a Class C buffer 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet along common property lines at the “ Gardens at Flowers Plantation ” subdivision and maintain the existing vegetation of commonly owned property with Tax Id 16K05001Z and or install the minimum 30 ft Class C buffer prior to final plat recording of adjacent parcels of 42 East LLC Planned Unit Development 17 Submit a copy to Staff for public record of the required annual reports for NC DENR providing the site’s records of the inflow and outflow of material The Chairman reopened the Rezoning Hearing for Case 06 - 30 Case 06 - 30 Petition to rezone 2514 acres of a 4214 acre tract from Industrial 2 District I - 2 to Industrial 2 District I - 2 with an overlay Interstate Highway Interchange District IHI located on Cleveland Crossing Drive , which is approximately ½ of a mile from its intersection with NC 42 West in Cleveland Township Tax ID 06E02011L Applicant The Stephens Center , Inc Owners The Stephens Center , Inc PagePage pageNumber6721 December 4 , 2006 - 6 00 pm Continued Berry Gray , Assistant Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 2514 acres of a 4214 acre tract from Industrial 2 District I - 2 to Industrial 2 District I - 2 with an overlay Interstate Highway Interchange District IHI located on Cleveland Crossing Drive , which is approximately ½ of a mile from its intersection with NC 42 West in the Cleveland Township The property is located in the Interstate 40 Highway 42 area near the Lowe’s store The front portion of the tract , adjacent to Cleveland Crossing Drive , is already zoned I - 2 with IHI , however , the back portion is not Commissioner Allen L Mims , Jr noted that designation as an IHI District allows numerous uses , such as multi - family , and entitles the property to County sewer service He noted that he had heard the subject property might be developed as a multi - family use , and stated , in his opinion , this would be a difficult location for school buses to travel In response to a question from Commissioner Cookie Pope , Mr Gray stated in the past the Board has extended the IHI district beyond its original radius Matthew Stephens , representing the owner of the property , stated there are no immediate plans for the property , however , there is the potential that a multi - use development will be considered in the future At this time , the owner is trying to extend the IHI District to cover the entire tract In response to a question from Commissioner Allen L Mims , Jr , Mr Stephens stated the owner is requesting to rezone the 2514 acre portion of the tract to I - 2 with IHI in order to create a continuity of zoning designation , and hopefully make the property more attractive to potential buyers Commissioner Allen L Mims , Jr asked if the owner would consider an IHI – Special Use District so the Board could review and approve the uses of the property Mr Stephens responded there would be no objection to the IHI – Special Use District zoning Commissioner Wade M Stewart stated , in his opinion , if the Board approves the rezoning request , this would be on a speculative basis He preferred the Applicant wait to rezone the property when a specific use is planned for the site Mr Stephens noted at the time the request was originally submitted to Planning staff , he was negotiating to sell the property to a potential buyer who was planning a residential use Since that time , the buyer backed out of the sale Mr Gray noted the Planning Board recommended approval of the rezoning request for Case 06 - 30 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 30 Decision on Rezoning Case 06 - 30 Case 06 - 30 Petition to rezone 2514 acres of a 4214 acre tract from Industrial 2 District I - 2 to Industrial 2 District I - 2 with an overlay Interstate Highway Interchange District IHI located on Cleveland Crossing Drive , which is approximately ½ of a mile from its intersection with NC 42 West in Cleveland Township Tax ID 06E02011L Applicant The Stephens Center , Inc Owners The Stephens Center , Inc Commissioner Allen L Mims , Jr moved the Board deny rezoning case 06 - 30 , to rezone 2514 acres of a 4214 acre tract from Industrial 2 District I - 2 to Industrial 2 District I - 2 with an overlay Interstate Highway Interchange District IHI located on Cleveland Crossing Drive , which is approximately ½ of a mile from its intersection with NC 42 West in the Cleveland Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 3 Public Hearing Manufactured Home Skirting Amendment Advertised November 17 , 21 , 2006 The Smithfield Herald The Chairman opened the public hearing , and stated the purpose of the hearing is to consider public comment on the possible amendment to the Land Development Code – Sec 14 - 75 Agricultural - Residential District AR regarding Manufactured Home Skirting PagePage pageNumber7722 December 4 , 2006 - 6 00 pm Continued Berry Gray , Assistant Planning and Zoning Director , stated the Planning Board reviewed the proposed amendment to the Manufactured Housing Section of the Land Development Code He explained the following recommended changes to the Code 1 Anyplace the term “ mobile home ” is mentioned , staff incorporated the term “ manufactured homes ” Both terms are commonly used , and both are identified in the Definitions section of the Code 2 The same densities that apply to stick built homes will apply to mobile manufactured homes Staff has always followed this practice , although the requirement is not specific in the Code Regardless , the section requiring all singlewides to be on one acre minimum lots has not changed 3 Permanent masonry foundation will be required for all doublewide mobile manufactured homes within major subdivisions The current Code does not allow for the Planning Board to restrict underpinning Mr Gray noted staff sent information regarding the proposed changes to members of the manufactured housing community , and has received positive feedback on the recommendations He commented that the Director of Government and Planning for the NC Manufactured Housing Institute stated that her organization has no concerns with the amendment and expressed support for its adoption Jim Starling , who sells manufactured and modular homes , spoke to the Board on behalf of his company and also the NC Manufactured Home Institute Mr Starling expressed support for the amendment Mr Gray noted the Planning Board recommended approval of the amendment There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Tony Braswell , seconded by Commissioner DeVan Barbour and carried by unanimous vote , the Board adopted the following amendment to the Johnston County Code of Ordinances - Section 14 - 75 Agricultural - Residential District AR regarding Manufactured Home Skirting Sec 14 - 75 Agricultural - residential district AR a Intent The agricultural - residential district AR is intended to encourage the continuance of agricultural uses as well as to ensure that residential development will occur at sufficient densities to provide for a range of housing opportunities throughout the county Further , it is the intention of the regulations of this district to ensure that residential development having access and connecting to public water and sanitary sewer systems will occur within a healthful environment b Permitted uses The following uses are permitted as a principal use 1 Single - family , two - family dwellings duplex or individual modular homes that utilize a An individual well and septic tank at a density of one dwelling per acre based on the gross land area of a development ; or b A public water supply system at a density of 15 dwellings per acre based on the gross land area of a development A duplex dwelling is counted as one unit in density calculations 2 Individual mobile manufactured homes that utilize an individual well and septic tank at a density of one dwelling unit per acre based on the gross land area of a development and shall be based on the density established in Section 14 - 75 b 1 and meet the following conditions a No mobile manufactured home can be moved from another county into the countys jurisdiction that has a manufactured date prior to 1976 b All mobile manufactured homes that are moved to a parcel or lot within the AR district shall meet the following standards 1 Each mobile manufactured home must have exterior siding that is either painted or stained wood such as board and batten , or board - on - board , masonite , simulated stucco , residential grade aluminum , or vinyl lap siding All siding shall be in good condition , complete , not damaged or loose ; 2 Each mobile manufactured home shall either have a brick curtain wall or have ABS or PVC plastic color skirting with interlocking edges keylocked installed around the perimeter of the home Skirting shall be attractive and in good condition and shall be laid - up in an attractive , workmanlike manner All mobile manufactured doublewide homes located within a major subdivision shall have a permanent masonry foundation ; 3 Each mobile manufactured home having a painted exterior , shall have the exterior paint in good condition , not peeling or any rust showing through ; 4 Each mobile manufactured home shall have all windows and doors intact and in working condition ; 5 Each mobile manufactured home shall have in place permanent steps , meetingPagePage pageNumber8723 December 4 , 2006 - 6 00 pm Continued the state building code ; and 6 All repairs made to the exterior of the mobile manufactured home shall be made to be consistent with the original intent or integrity of the mobile manufactured home when that mobile manufactured home was built For example , if repairs are made to the siding , material as close to , or consistent with , the original siding shall be used c All conditions listed in subsection 2 b of this section shall be complied with before a certificate of occupancy and compliance is issued for the mobile manufactured home d All single - wide mobile homes and single - wide manufactured homes , regardless of availability of public utilities , shall have a minimum lot size of one acre A certificate of occupancy for an individual mobile manufactured home may be issued if all required work , other than the completion of the foundation skirting and permanent steps , is completed , provided that a certificate of completion is issued within 90 days of the issuance of the certificate of occupancy If no certificate of completion is issued within 90 days , the certificate of occupancy shall be void 4 Public Hearing Road Name Changes Due to 70 Bypass Advertised November 21 , 2006 The Smithfield Herald Posted at the courthouse , and in two locations in the community Thurman’s Convenience Store on Hwy 42 , and Frank Howard’s Mini - Mart on Barber Mill Road - November 15 , 2006 The Chairman opened the public hearing , and stated the purpose of the hearing is to hear public comment on a request to name a newly created road east of the future NC 42 and US 70 Bypass interchange , and rename portions of the existing Peele Road and New Bethel Road affected by the new bypass Berry Gray , Assistant Planning & Zoning Director , stated a community meeting was held at Baptist th Center Church on October 12 to receive public input on the recommended road name changes He pointed out the following staff recommendations , and the input received at the community meeting New Bethel Road Staff Recommendation Small northern section , 1 - 186 New Bethel Road , change to Willis Road Larger southern section , 251 - 1776 New Bethel Road , leave as New Bethel Road Community Input One couple spoke in favor of leaving southern section as New Bethel Road New Road Staff Recommendation 2311 - 2388 NC 42 West , change to Johnson Estate Road Community Input One couple spoke in favor of the name Johnson Estate Road Peele Road Staff Recommendation Southeast section , 1 - 2429 Peele Road , change to Harper Store Road Northeast section , 2556 - 3285 Peele Road , leave as Peele Road Northwest section , 3322 - 3663 Peele Road , leave as Peele Road Southwest section , 3700 - 4920 Peele Road , change to Hood Farm Road Community Input Southeast section – Harper Store Road was mentioned at the meeting , however , since that time , staff has received interest in other names including Lancaster Farm Road and Cooper Branch Road Northeast and Northwest sections – Peele Family and ancestors live on these portions ; possibility that both of the segments can stay Peele Road Southwest Section – Agreement at the meeting for Hood Farm Road Discussion – Peele Road - Northeast & Northwest Sections James E Peele , 3139 Peele Road , stated this land was his grandfather’s farm , and still belongs to the family He requested both the northeast and northwest sections remain as Peele Road Kenneth Southerland , Peele family ancestor , noted there was concern at the community meeting that having both the northeast and northwest sections as Peele Road will cause problems for emergency services He added that the Clayton Fire Chief stated this can be handled by the proper addressing In response to questions from Commissioner Wade M Stewart , Mr Gray commented that no one on either the northeast or northwest section has expressed opposition to these portions staying Peele Road He explained that east and west distinctions are typically not allowed by the 911 addressing system PagePage pageNumber9724 December 4 , 2006 - 6 00 pm Continued Commissioner Allen L Mims , Jr stated that he has received calls from residents that live on the southeast section who would like this portion to stay as Peele Road , since there are more homes on this section Commissioner Cookie Pope asked for a show of hands of those in attendance at the meeting that live on the northeast and northwest sections who would like to keep the Peele Road name All those in attendance at the meeting that live on the northeast and northwest sections raised their hands in favor of keeping the Peele Road name Peele Road – Southwest Section Mark Jones , lives on the southwest section of Peele Road , stated at the community meeting two options were proposed for this portion of the road Jones Homestead Road and Hood Farm Road Mr Jones and his father are the only members of the Jones Family living on the road He pointed out the Hood family has lived there for many years , and expressed full support for this portion being renamed Hood Farm Road Dorothy Hood Richardson , 3434 Peele Road , also asked the Board to rename this section as Hood Farm Road Several other family members expressed the same interest Commissioner Cookie Pope asked for a show of hands of those in attendance at the meeting that live on the southwest section who would like this renamed as Hood Farm Road All those in attendance at the meeting that live on the southwest section raised their hands in favor of this section renamed as Hood Farm Road Peele Road – Southeast Section Mr Gray stated the southeast section is the longest section of the existing Peele Road with approximately 75 residences Harper Store Road was mentioned at the meeting because of a store that seemed to be a landmark in the area Also , there was some interest at the meeting in Lancaster Farm Road Since the meeting , staff has received phone calls expressing opposition to Harper Store Road , two written responses supporting Lancaster Farm Road , and a petition representing 30 addresses for Cooper Branch Road David Batten , 884 Peele Road , presented to the Board the above mentioned petition in favor of Cooper Branch Road He explained that Cooper Branch cradles almost the entire length of Peele Road Mr Batten canvassed the community and received 43 signatures representing 30 households He stated that he counted 67 homes in the southeast section Commissioner Cookie Pope asked for a show of hands of those in attendance at the meeting that live on the southeast section who would like this renamed as Cooper Branch Road Five people in attendance at the meeting that live on the southeast section raised their hands in favor of this section being renamed as Cooper Branch Road Herman Lancaster , 1493 Peele Road , stated his great - grandfather owned a large portion of the land along the southeast portion of Peele Road , and he still lives on the original farm He requested the Board rename the southeast section as Lancaster Farm Road , however , he did not express opposition to Cooper Branch Road Commissioner Cookie Pope asked for a show of hands of those in attendance at the meeting that live on the southeast section who would like this renamed as Lancaster Farm Road Four people in attendance at the meeting that live on the southeast section raised their hands in favor of this section being renamed as Lancaster Farm Road County Manager Rick Hester stated that staff could send information to each property owner in the southeast section of Peele Road to request additional input on the three suggestions Harper Store Road , Cooper Branch Road , and Lancaster Farm Road Commissioner Tony Braswell expressed concern that the Cooper Branch petition only surfaced in the past day In response to a question from Commissioner Mims , Mr Batten , who gathered the petition , stated that a few people he approached did not sign the petition , and only two people he spoke with wanted the portion renamed as Harper Store Road Page0725 December 4 , 2006 - 6 00 pm Continued New Bethel Road – Southern Section Charles Lee , who lives on the southern section , stated he has resided at 719 New Bethel Road for over 20 years He requested the southern section remain as New Bethel Road Commissioner Cookie Pope asked for a show of hands of those in attendance at the meeting that live on the southern section who would like this to remain New Bethel Road All those in attendance at the meeting that live on the southern section raised their hands in favor of this section remaining New Bethel Road New Bethel Road – Northern Section Mr Gray stated that staff’s recommendation is for the Board to rename the northern section as Willis Road He pointed out that many of the 19 properties that would be affected by this change should not have New Bethel Road addresses to begin with because they are located on individual streets off New Bethel Road Staff plans to attend to this particular issue soon In response to a question from Commissioner Tony Braswell , Mr Gray commented “ Willis ” is the name of the family that owns the larger tracts of land on this portion of the road There was no one in attendance at the meeting to speak in regards to the northern section of the existing New Bethel Road New Road – Johnson Estate Road Mr Gray stated staff has reviewed a few options for the new road including Johnson Smith Road and Johnson Estate Road One couple spoke in favor of the name Johnson Estate Road at the community meeting There was no one in attendance at the meeting to speak in regards to the new road , Johnson Estate Road Concluding Comments Mr Gray noted that staff would like to make the road name changes early January , and will coordinate with County 911 staff , fire departments , rescue squads , and postal service There being no further comments , Chairman Pope closed the public hearing Decision on Road Name Changes Due to 70 Bypass Commissioner Allen L Mims , Jr moved the Board take the following actions • New Bethel Road - Rename the northern section as Willis Road Keep the southern section as New Bethel Road • New Road – Name as Johnson Estate Road • Peele Road – Keep the northeast and northwest sections as Peele Road Rename the southwest section as Hood Farm Road Send letters to all property owners along the southeast section requesting that they vote for one of the following options Cooper Branch Road , Lancaster Farm Road , or Harper Store Road Votes to be returned by a specific deadline Staff to count votes , and name the southeast portion based on the majority vote Commissioner Tony Braswell seconded the motion , which carried by unanimous vote 5 Planning Board Request – Call for Public Hearing Temporary Storage Container POD Amendment Commissioner DeVan Barbour moved the Board schedule a public hearing for the January 2 , 2007 6 00 pm meeting to discuss an amendment to the Johnston County Code of Ordinances - Section 14 - 75 b 11 Temporary Storage Containers Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 6 Planning Board Request – Call for Public Hearing Floodplain Filling Amendment Commissioner Tony Braswell moved the Board schedule a public hearing for the January 2 , 2007 6 00 pm meeting to discuss an amendment to the Johnston County Code of Ordinances – Section 14 - 481 a Page1726 December 4 , 2006 - 6 00 pm Continued Construction Standards for Floodplain Filling Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote 7 Brief Presentation – Growth Management Committee and Recommendations Commissioner Allen L Mims , Jr stated the Commissioners have received a copy of the Growth Management Committee’s report He recommended the Commissioners accept the report , and request the Planning Board place the item on their agenda for discussion At that point , the Planning Board will review the materials in the report , invite stakeholders to provide feedback , and make a recommendation to the Board of Commissioners The Board of Commissioners will then have a public hearing on the item In response to a question from Commissioner DeVan Barbour regarding stakeholder input , Commissioner Mims stated that he had not spoken with Planning Board Chairman Jenkins yet on the matter , however , the item will be discussed at either a regular meeting or special meeting , if the Planning Board feels it is necessary Commissioner Barbour commented that he would prefer a special meeting Motion Commissioner Wade M Stewart moved the Board accept the report , follow the prescribed procedure for the Planning Board to place the item on their agenda for discussion and receive feedback from stakeholders , and lastly allow the Commissioners to have the final opportunity to hold a public hearing and further discuss the matter Commissioner W Ray Woodall seconded the motion Further Discussion Commissioner Tony Braswell stated , in his opinion , the Growth Management Plan might affect different parts of the county in different ways He suggested the Planning Board and the Commissioners receive input from stakeholders all over the county Commissioner Mims commented that he believes the Planning Board will take a technical look at the plan with input from citizens , and it should be up to the Commissioners to receive input from all over the County , if they decide to do so Commissioner Wade M Stewart emphasized the proposed plan is a starting point to respond to the challenge given to the Commissioners to do something about the County’s growth Vote The above motion carried by unanimous vote 8 Manager Reports and Comments A Retreat Dates Discussed Following discussion , the Board asked County Manager Rick Hester to look at February 9 - 10 and 16 - 17 for possible retreat dates 9 Board Reports and Comments No reports or comments There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the Board _________________________________ Deva C Holt , Deputy Clerk to the BoardPage