May 9, 2005 - 7:00 PM - County Board of Commissioners Meeting Minutes (Special)

10 144 Meeting of the Johnston County Board of Commissioners May 9 , 2005 The Johnston County Board of Commissioners met in regular session Monday , May 9 , 2005 at 7 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 The Chairman called the meeting to order and the following business was transacted 1 Public Comments - No one spoke at this time 2 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In the Smithfield Herald - April 29 , May 3 , 2005 Certified letters were mailed to adjoining property owners on Thursday , April 28 , 2005 and notices posted at the locations on April 21 , 2005 Case 05 - 2 Petition to rezone approximately 154 acres located on Jack Road SR 1557 , in Clayton Township , from Agricultural - Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 05G04048N Owner Charles F Box At the request of the applicant , Commissioner W Ray Woodall moved the Board table the rezoning request until the June 13 , 2005 meeting Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 556 Case 556 Application to allow stock , display and sale of landscaping supplies , trees , plants and accessories and the existing house to be used as a residence Property located at 4000 NC 42 West in Cleveland Township Tax ID 05F02008H Owners and Applicants Stanley C Lee and Thomas T Faw Those wishing to speak on Special Use Case 556 were sworn in by the Clerk to the Board Planning Director Steven Finn introduced the case , and stated the subject property is located on Hwy 42 , west of the Cornwallis Road intersection He noted the property was rezoned from Agricultural - Residential to General Business - Special Use District in August 2001 , however , no special use permit was requested at that time Mr Finn entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 556 on February 17 , 2005 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 Boards 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 • Applicants Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 15 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 556 and made the following recommendations Upon a motion by Mr Schulz , seconded by Mr Browder , and carried by a unanimous vote of 7 - 0 , the Johnston County Planning Board voted to recommend approval of the Special Use Permit request , Case 556 , based on 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ;Page145 May 9 , 2005 Continued 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Installation of a Class B Buffer 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along the East property line 3 Operation hours Monday – Sunday , 7 00 am – 8 00 pm 4 Signage 32 square feet face size 4x8 , five feet tall , and setback 30 feet off right of way 5 Lighting is a CP & L night light in the rear Thomas Faw , 4000 NC 42 West , stated his request is to obtain a special use permit to open a part - time business to sell primarily trees , shrubs , and plants , and in addition some landscaping supplies and accessories He also requested the existing house continue to be used as a residence In response to a question from Commissioner Allen L Mims , Jr , Mr Faw commented he and his partner plan to sell mostly trees , shrubs , and possibly Christmas trees in the winter He pointed out the business would be part - time , mainly focusing on evening and weekend sales Mr Finn noted the Planning Board recommended approval , with five special conditions attached There being no further comments , the Chairman recessed the Special Use Public Hearing for Case 556 Decision on Special Use Case 556 Case 556 Application to allow stock , display and sale of landscaping supplies , trees , plants and accessories and the existing house to be used as a residence Property located at 4000 NC 42 West in Cleveland Township Tax ID 05F02008H Owners and Applicants Stanley C Lee and Thomas T Faw Based upon the following findings of fact , with special conditions attached , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit to applicants , Stanley C Lee and Thomas T Faw to allow stock , display and sale of landscaping supplies , trees , plants and accessories and the existing house to be used as a residence at 4000 NC 42 West in the Cleveland Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Installation of a Class B Buffer 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet along the East property line 3 Operation hours Monday – Sunday , 7 00 am – 8 00 pm 4 Signage 32 square feet face size 4x8 , five feet tall , and setback 30 feet off right of way 5 Lighting is a CP & L night light in the rear The Chairman opened the Rezoning Hearing for Case 05 - 4 Case 05 - 4 Petition to rezone two parcels totaling approximately 144 acres located on Cleveland Road SR 1010 in Cleveland Township , from Office and Institutional O & I to General Business GB Tax ID 06E02054L and 06E02054M Owner and Applicant Ashley Turner Enterprises Agent Southwind Surveying and Engineering , Inc Planning Director , Steven Finn , identified the property on the GIS map and noted this is a request to rezone approximately 144 acres on Cleveland Road , in the Cleveland Township , from Office and Institutional to General Business In addition to its current use , the applicant would like to use the property for retail The predominant zoning in the area is Agricultural - Residential , with some Commercial Page146 May 9 , 2005 Continued Merle Hall , Southwind Surveying and Engineering representative , stated the applicant is currently using the property as a dance studio , and would like to expand this operation for retail sales also Mr Finn noted the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 4 Decision on Rezoning Case 05 - 4 Case 05 - 4 Petition to rezone two parcels totaling approximately 144 acres located on Cleveland Road SR 1010 in Cleveland Township , from Office and Institutional O & I to General Business GB Tax ID 06E02054L and 06E02054M Owner and Applicant Ashley Turner Enterprises Agent Southwind Surveying and Engineering , Inc Commissioner Allen L Mims , Jr moved the Board approve the rezoning case 05 - 4 , two parcels totaling approximately 144 acres located on Cleveland Road , in the Cleveland Township , from Office and Institutional O & I to General Business GB for owner applicant Ashley Turner Enterprises and agent Southwind Surveying and Engineering Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 05 - 5 Case 05 - 5 Petition to rezone approximately two acres located on Princeton - Kenly Road SR 2342 in Boon Hill Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 04Q07017 Owner Kenneth Earl Rowe Planning and Zoning Administrator , Eddy Davis , identified the property on the GIS map , and noted this is a request to rezone approximately two acres located on Princeton - Kenly Road in the Boon Hill Township from Agricultural - Residential to Industrial 1 - Special Use District The predominant zoning in the area is Agricultural - Residential Eddy Rowe , representing applicant Kenneth Rowe , explained the request is for rezoning and an accompanying special use permit for a basic slaughter facility for lambs and goats primarily to serve the Muslim community out of Raleigh Currently , meat sold must be consumed by the individual If approved , the new facility would allow the Rowes to wholesale meat to vendors in Raleigh A state inspector would be on site at all times during operation In response to questions from Commissioners , Mr Rowe stated they currently slaughter only 40 - 60 goats and lambs per week , and a smaller facility could accommodate this operation State rules and regulations are requiring the Rowes to build a much larger facility than what they currently need There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 5 Decision on Rezoning Hearing Case 05 - 5 Case 05 - 5 Petition to rezone approximately two acres located on Princeton - Kenly Road SR 2342 in Boon Hill Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 04Q07017 Owner Kenneth Earl Rowe Commissioner Allen L Mims , Jr moved the Board approve the rezoning case 05 - 5 , for approximately two acres located on Princeton - Kenly Road SR 2342 in Boon Hill Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD for owner applicant Kenneth Earl Rowe Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 05 - 5 Case 05 - 5 Application for the operation of a multi - station slaughter facility , trucking in of animals , store front packaged meat Owner and Applicant Kenneth Earl Rowe Those wishing to speak on Special Use Case 05 - 5 were sworn in by the Clerk to the Board Planning and Zoning Administrator , Eddy Davis , introduced the special use case , and stated the request is to allow the operation of a multi - station slaughter facility , trucking in of animals , and store front packaged meat The facility would be compliant with USDA and State Agriculture Inspectors , and the only one of its kind in the State Page147 May 9 , 2005 Continued He noted staff and the Planning Board recommended approval , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 5 on February 18 , 2005 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 Boards 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 • Applicants Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 15 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 5 and made the following recommendations Upon a motion by Mr Gathers , seconded by Ms Underhill , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , based on 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff prior to the case going before the Board of Commissioners 2 Installation of a Class C Buffer 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet , at the determination of Planning Zoning Staff at the time the site plan is submitted , prior to the case going before the Board of Commissioners 3 Operation hours Monday – Sunday , 7 00 am – 7 00 pm 4 Signage 4 X 8 ground sign 5 Prior to the issuance of a Certificate of Occupancy , all buildings shall meet North Carolina Building Code and Johnston County Environmental Health regulations ; and any and all State and Federal regulations and ordinances shall be met as well 6 Liability Insurance in the amount of 1,000,000 single - pay shall be in effect at all times Commissioner Allen L Mims , Jr asked for clarification on Special Use Condition number 2 Mr Davis noted the building would be 225 feet off the roadway , and staff is recommending landscaping buffering around the building itself , versus buffering the entire two acre parcel Buffering the entire parcel could possibly interfere with the agricultural uses of the property , and bringing in livestock Commissioner Mims questioned if installation of a Class C buffer would be required if the land is sold He showed concern that if the applicant decides to sell the property at a later time and a Class C buffer is not installed , the property would not be compliant with the County Development Ordinance Mr Davis responded this was not included in the special conditions discussed and agreed upon at the Planning Board hearing Commissioner Tony Braswell asked for clarification on Special Use Condition number 6 , and how the condition would be monitored for compliance Mr Davis stated the Planning Board feels that for the protection of the public and the applicant , adequate liability insurance should be required when facilities are open to the public Before the special use permit is recorded at the Register of Deeds Office , the applicant would submit to Planning staff the necessary documentation to prove liability insurance has been obtained Commissioner Braswell questioned the liability trail back to the County if the applicant chose not to maintain the insurance County Attorney Mark Payne stated the special condition would not create any additional liability in regards to the County , assuming the Planning staff maintains a reasonable monitoring system for compliance PagePage pageNumber5148 May 9 , 2005 Continued Commissioner DeVan Barbour emphasized the importance of monitoring for compliance with the special conditions , and urged the Planning staff to establish a process to monitor the maintenance of liability insurance when required as a special condition Steven Finn , Planning Director , noted a system is already in place for periodic monitoring There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 5 Decision on Special Use Case 05 - 5 Case 05 - 5 Application for the operation of a multi - station slaughter facility , trucking in of animals , store front packaged meat Owner and Applicant Kenneth Earl Rowe Based on the following findings of fact , with special conditions attached , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to applicant , Kenneth Rowe , for the operation of a multi - station slaughter facility , trucking in of animals , store front packaged meat on Princeton - Kenly Road in the Boon Hill Township Commissioner Jeffrey P Carver 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff prior to the case going before the Board of Commissioners 2 Installation of a Class C Buffer 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet , at the determination of Planning Zoning Staff at the time the site plan is submitted , prior to the case going before the Board of Commissioners 3 Operation hours Monday – Sunday , 7 00 am – 7 00 pm 4 Signage 4 X 8 ground sign 5 Prior to the issuance of a Certificate of Occupancy , all buildings shall meet North Carolina Building Code and Johnston County Environmental Health regulations ; and any and all State and Federal regulations and ordinances shall be met as well 6 Liability Insurance in the amount of 1,000,000 single - pay shall be in effect at all times The Chairman reopened the Rezoning Hearing for Case 05 - 6 Case 05 - 6 Petition to rezone approximately one acre located at 2920 Harper House Road SR 1008 in Bentonville Township , from Agricultural - Residential AR to Community Business – Special Use District CB - SUD Tax ID 02M19028 Owner Rudolph Johnson and Fred E Johnson Planning and Zoning Administrator Eddy Davis identified the property on the GIS map and noted this is a request to rezone approximately one acre located at 2920 Harper House Road in the Bentonville Township , from Agricultural - Residential to Community Business – Special Use District Rudolph Johnson , 2920 Harper House Road , stated he is requesting the Board rezone the property to allow for a music dance hall He stressed no alcohol would be permitted , and intended to provide a family atmosphere for the community In response to a question from Commissioner Allen L Mims , Jr , Mr Johnson responded he and his brother had been using the building to play music for family and friends The County Fire Marshal performed an inspection , and found a few minor problems 1 junction for fluorescent lights incorrectly installed , 2 recommendation to replace wall heaters with central heating and air system , 3 remove drop cords He assured the Board if the rezoning and special use permit are approved all changes would be made and the facility would be up - to - code before opening PagePage pageNumber6149 May 9 , 2005 Continued Steven Finn , Planning Director , agreed that the routine fire inspection brought the zoning violation to the attention of the applicant and Planning staff No complaints have been filed against the establishment , and the applicant has worked very harmoniously with staff during the application process There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 6 Decision on Rezoning Hearing Case 05 - 6 Case 05 - 6 Petition to rezone approximately one acre located at 2920 Harper House Road SR 1008 in Bentonville Township , from Agricultural - Residential AR to Community Business – Special Use District CB - SUD Tax ID 02M19028 Owner Rudolph Johnson and Fred E Johnson Commissioner W Ray Woodall moved the Board approve the rezoning case 05 - 6 , for approximately one acre located at 2920 Harper House Road SR 1008 in Bentonville Township , from Agricultural - Residential AR to Community Business – Special Use District CB - SUD for owners , Rudolph Johnson and Fred E Johnson Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 05 - 6 Case 05 - 6 Application for the operation of a music dance hall and farming use Owners and Applicants Rudolph Johnson and Fred E Johnson Those wishing to speak on Special Use Case 05 - 6 were sworn in by the Clerk to the Board Planning and Zoning Administrator Eddy Davis introduced the special use case , and stated the request is to allow for the operation of a music dance hall and farming use Mr Davis directed attention to Special Use Condition number two , and Special Use Condition number seven He noted staff and the Planning Board recommended approval , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 6 on February 22 , 2005 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 Boards 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 • Applicants Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 15 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 6 and made the following recommendations Upon a motion by Ms Underhill , 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 , Case 05 - 6 , based on 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Installation of a Class B Buffer 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet , if and when the adjoining property is ever sold 3 Operation hours Friday and Saturday , 6 00 pm to 12 00 midnight and Sunday 2 00 pm to 8 00 pm 4 Signage Permitted 4 X 8 ground sign 5 Obtain and maintain liability insurance for events , in the amount of 1,000,000 single - pay 6 Lighting is acceptable as is currently there ; a CP & L night light 7 No alcohol permit will be applied for or obtained on this property Rudolph Johnson , owner and applicant , requested the Board modify Special Use Condition number threePagePage pageNumber7150 May 9 , 2005 Continued regarding the hours of operation since holidays do not always fall on the weekends He asked for additional hours of operation for New Year’s Eve 6 00 pm to 1 00 am , Christmas Eve Christmas party within one week prior to th Christmas Day , 6 00 pm to 12 00 midnight , and the July 4 holiday 6 00 pm to 12 00 midnight There being no further comments , the Chairman closed the Special Use Hearing for Case 05 - 6 Decision on Special Use Case 05 - 6 Case 05 - 6 Application for the operation of a music dance hall and farming use Owners and Applicants Rudolph Johnson and Fred E Johnson Based on the following findings of fact , with special conditions attached and the modification of condition number 3 to allow additional operation hours for New Year’s Eve 6 00 pm to 1 00 am , Christmas Eve Christmas th party within one week prior to Christmas Day , 6 00 pm to 12 00 midnight , and the July 4 holiday 6 00 pm to 12 00 midnight , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to applicants , Rudolph Johnson and Fred E Johnson for the operation of a music dance hall and farming use 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Installation of a Class B Buffer 3 large trees , 3 small trees , and 12 shrubs per 100 linear feet , if and when the adjoining property is ever sold 3 Operation hours Friday and Saturday , 6 00 pm to 12 00 midnight and Sunday 2 00 pm to 8 00 pm , and to allow additional operation hours for New Year’s Eve 6 00 pm to 1 00 am , Christmas Eve Christmas th party within one week prior to Christmas Day , 6 00 pm to 12 00 midnight , and the July 4 holiday 6 00 pm to 12 00 midnight 4 Signage Permitted 4 X 8 ground sign 5 Obtain and maintain liability insurance for events , in the amount of 1,000,000 single - pay 6 Lighting is acceptable as is currently there ; a CP & L night light 7 No alcohol permit will be applied for or obtained on this property The Chairman reopened the Rezoning Hearing for Case 04 - 40 , and noted that she would be abstaining from any discussion or vote on the case Case 04 - 40 Petition to rezone 10901 acres located on Pierce Road SR 1546 in Cleveland Township from Agricultural - Residential AR and Interstate Highway Interchange District IHI to Agricultural - Residential - Special Use District AR - SUD Tax ID 06E03003D , 06D01007B , 06D01023B , 06E03003I , and 06E02006N Owners GP Sherill , and RAS , LLC Petitioner Crosland Engineering and Wm G Daniel & Associates Planning Director , Steven Finn , identified the property on the GIS map and noted this is a request to rezone 10901 acres located on Pierce Road in the Cleveland Township from Agricultural - Residential and Interstate Highway Interchange District to Agricultural - Residential - Special Use District He noted heavy rezoning in the area during the past several years The current zoning around the subject property is as follows bound by property zoned PUD to the north , by NC Hwy 42 and property zoned General Business and Interstate Highway Interchange District to the south , by properties zoned with overlay zoning of IHI and underlying zoning of AR , used for commercial and residential uses , to the east , and be property zoned Agricultural - Residential and undeveloped to the west Jim Anderson , Crosland representative , stated the proposed development , Sherrill Place , would include 176 single family homes , and a grocery anchored shopping center with associated commercial and support services There would be 38 acres of open space , with a 15 acre park Crosland has worked on a number of external improvementsPagePage pageNumber8151 May 9 , 2005 Continued including access to the shopping center as recommended by the Planning Board in November Mr Anderson noted the proposed solution , which includes installing a left turn into the shopping center off of Hwy 42 He further noted that NC DOT plans to relocate the intersection of Old Drug Store and Hwy 42 Crosland would contribute 600,000 to traffic improvements including the widening of Hwy 42 and Pierce Road Mike Horn , Kimley - Horn Associates representative , noted DOT is prepared to realign Old Drug Store Road , and build an island that will run from Cleveland Road to Old Drug Store Road , regardless of whether the Board approves the proposed development He pointed out , as Mr Anderson mentioned , DOT has agreed to allow a left turn into the shopping center off of Hwy 42 Mr Finn commented that both staff and the applicant made efforts for DOT to be present at the meeting Zindall Seagroves , 12731 Cleveland Road , stated he is a homeowner on Cleveland Road , and would be affected by the realignment He expressed concern regarding proper storm drainage once the road is realigned Brad Schulz stated he is one of the owners of property adjacent to the proposed development He noted that at the Planning Board meeting in November 2004 there was no discussion of a concrete island , rather discussion of a right - in right - out access to the site He stated the Planning Board asked Crosland to take care of two issues 1 agreement on major entrance with property owners including Mr Schulz , and 2 ingress egress issues Mr Schulz expressed concern that the left turn into the shopping center and concrete island from Cleveland Road to Old Drug Store Road were not discussed at the Planning Board meeting ; therefore , the Planning Board has not been given the opportunity to discuss the changes and further , all homeowners may not be aware of the changes as well Commissioner Wade M Stewart expressed concern that DOT was aware the Board might have questions , and still failed to appear at the meeting He recommended the Board refrain from any action on the request before discussing the matter with DOT He further expressed concern that particular details of the project seem to have changed substantially since the Planning Board heard the case in November 2004 In response to a question from Commissioner Allen L Mims , Jr , Mr Anderson noted a sewer request had been given to Tim Broome in the Public Utilities Department Commissioner Mims questioned if the Agricultural - Residential - Special Use District AR - SUD zoning would permit Planned Use Developments , according to the revised sewer policy County Attorney Mark Payne responded if the Board approves the rezoning request and the accompanying special use permit request , the proposed development would qualify for sewer service Commissioner Stewart and Commissioner Jeffrey P Carver both expressed concern regarding the guarantee the project would be completed in its entirety Mr Payne explained the conditions of the special use permit would guarantee the project develop as the permit says or not at all He pointed out the Board has the authority to require the developer to complete a percentage of commercial development before residential permits could be issued There being no further comments , the Chairman closed the Rezoning Hearing for Case 04 - 40 Motion Case 04 - 40 Petition to rezone 10901 acres located on Pierce Road SR 1546 in Cleveland Township from Agricultural - Residential AR and Interstate Highway Interchange District IHI to Agricultural - Residential - Special Use District AR - SUD Tax ID 06E03003D , 06D01007B , 06D01023B , 06E03003I , and 06E02006N Owners GP Sherill , and RAS , LLC Petitioner Crosland Engineering and Wm G Daniel & Associates Commissioner Allen L Mims , Jr moved the Board return the request to the Planning Board to be heard at th st their May 17 , or June 21 meeting , whichever is possible , and request further input from DOT at the meeting The case would come back to the Board of Commissioners in June or July Commissioner Wade M Stewart seconded the motion Discussion County Attorney Mark Payne pointed out the Planning Board is required to give a ten day notice for all rezoning and or special use cases included in the public hearing at the meeting He suggested if the Board wishes forPagePage pageNumber9152 May 9 , 2005 Continued th the Planning Board to discuss the case on May 17 , the Board would need to waive the notice requirement and make th the case an informational item to discuss at the May 17 Planning Board meeting Decision on Rezoning Hearing Case 04 - 40 Motion Amended as follows Commissioner Allen L Mims , Jr requested the Board amend the previous motion , and moved the Board th return the request to the Planning Board as an informational item for discussion at their May 17 meeting , request th further input from DOT at the meeting , and for the case to come back to the Board of Commissioners on June 13 Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 3 Agreements Approved for Benson - Clayton - County Wastewater Transmission and Treatment Tim Broome , Public Utilities Director , requested the Board approve an interlocal agreement for purchase and transfer of wastewater capacity between the County , the Town of Benson and the Town of Clayton Under the agreement , Clayton would purchase 150,000 gpd of wastewater treatment allocation from the County , and the County would purchase an equal capacity from the Town of Benson A wastewater force main would need to be constructed from the County’s pump station in Four Oaks to the Benson WWTP to transfer the wastewater Under the proposed program , the County has qualified for a 500,000 Rural Center grant for assistance in the force main construction On the basis of the original project budget , the County would be required to appropriate supplemental funds in the amount of 225,000 Bids for the force main were received on April 28 , 2005 , and due to a higher construction cost than expected , the County contribution now required is 383,000 County Manager Rick Hester recommended the Board approve the agreement between the County and the Rural Center for the 500,000 grant , and also approve the interlocal agreement for purchase and transfer of wastewater capacity between the County , the Town of Benson and the Town of Clayton Further , he recommended the Board appropriate 260,000 from the general fund in the FY 05 - 06 budget for the project It is anticipated the Town of Clayton will be loaning 123,000 to the project Upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Tony Braswell and carried by unanimous vote , the Board approved the following 1 agreement between the County and the Rural Center for the 500,000 grant , and 2 interlocal agreement for purchase and transfer of wastewater capacity between the County , the Town of Benson and the Town of Clayton , and 3 appropriation of 260,000 in FY 05 - 06 for the project The agreement between the County and the Rural Center is on file in the County Administration Office and the Economic Development Office The interlocal agreement between the County , Town of Benson and Town of Clayton follows below FOUR OAKS BENSON INTERCONNECTOR AND TOWN OF BENSON 04 MGD WWTP EXPANSION INTER - LOCAL AGREEMENT THIS AGREEMENT the Agreement is entered into as of the ___ day of May 2005 by and between Johnston County , the Town of Benson and the Town of Clayton , North Carolina WITNESSETH WHEREAS the Town of Clayton has purchased treatment capacity in the Johnston County Central Wastewater Treatment Plant WWTP and has the need for an additional treatment capacity allocation ; and WHEREAS Johnston Countys expanded WWTP will be allocated at 80 of its capacity when it comes on line in May of 2005 , and the County must initiate further expansion of its wastewater treatment capacity ; and WHEREAS the Town of Bensons wastewater treatment facility currently has surplus treatment capacity and the Town intends to construct additional capacity , and that it will allow Johnston County to purchase 0150 mgd if Johnston County wastewater transmission facilities are extended to the Town of Bensons wastewater treatment plant ; and WHEREAS the Town of Benson will permit the Countys initial temporary capacity purchase to become permanent and desires to sell additional permanent treatment allocations when its WWTP is expanded ; and WHEREAS Johnston County has received a 500,000 North Carolina Rural Center Economic Incentive Grant to construct a Four Oaks to Benson wastewater force main interconnector that will allow Johnston County to transport wastewater to the Town of Bensons WWTP for treatment ; and WHEREAS the Town of Benson has received a 425,000 North Carolina Rural Center Economic Incentive Grant to increase its WWTP capacity by 04 mgd to allow Johnston County to purchase a permanent treatment capacity allocation in the expanded facility NOW , THEREFORE , in consideration of the mutual covenants and promises set forth herein , Johnston County , the Town of Benson and the Town of Clayton hereby agree as follow Page0153 May 9 , 2005 Continued ARTICLE 1 TERMS OF AGREEMENT AND TERMINATION 1 The Town of Clayton will purchase a permanent wastewater allocation of 0150 mgd from Johnston County for a capacity fee of 900,000 , and Johnston County will allocate a capacity of 0150 mgd in its WWTP for use by the Town of Clayton 2 Johnston County will design and construct the Four Oaks to Benson wastewater force main and complete necessary pumping improvements The estimated cost of the project is 1,200,000 3 The Town of Benson will design and construct a 04 mgd WWTP expansion 4 The Town of Benson will allocate a capacity of 0150 mgd in its WWTP for use by Johnston County The commodity cost for treatment shall be equal to the bulk wastewater treatment fee Johnston County charges the Town of Clayton and its other bulk customers The commodity cost is subject to upward adjustment annually The current bulk commodity fee charged by the County is 215 per 1,000 gallons 5 Johnston County will pay the Town of Benson a fee in the amount of 300,000 for the 150,000 gpd wastewater allocation Johnston County will pay a fee of 125,000 as a deposit against a future wastewater capacity allocation 6 The Town of Benson will sell additional capacity to Johnston County in the future The Town agrees to sell at least 150,000 gpd The unit value cost per gpd of the future wastewater allocation shall be negotiated between the Town of Benson and the County within limits of the then current actual capital costs for wastewater plant expansions by the respective parties 7 Assignment This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective heirs , executors , administrators , legal representatives and successors Neither party may assign this Agreement , or any of its rights or obligations hereunder , without the prior written consent of the other party and any such attempted assignment shall be void , except that either party may assign this Agreement and or any of its rights and or obligations hereunder , without the other partys consent , upon written notice to the other party , to any company that acquires all , or substantially all , of the assets of the party seeking to make the assignment 8 Notices When written notice is required by this Agreement , it shall be considered as served when delivered in person or sent by US first - class mail to the respective representative of the parties at the following addresses , or such subsequent addresses for which notice is given pursuant to this Article TO THE COUNTY Johnston County Attn Rick J Hester PO Box 1049 Smithfield , NC 27577 TO THE TOWN OF BENSON Town of Benson Attn Keith Langdon PO Box 69 Benson , NC 27504 TO THE TOWN OF CLAYTON Town of Clayton Attn Steve Biggs PO Box 879 Clayton , NC 27520 9 Modification , Amendment , Supplement or Waiver No modification , amendment , supplement to or waiver of this Agreement or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by authorized representatives of both parties 10 Severability In the event any one or more of the provisions of the Agreement shall for any reason be held to be invalid , illegal or unenforceable , the remaining provisions of this Agreement shall be unimpaired , and the invalid , illegal or unenforceable provision shall be replaced by a mutually acceptable provision , which being valid , legal , and enforceable comes closest to the intention of the parties underlying the invalid , illegal , or unenforceable provision 11 Entirety of the Agreement This Agreement constitutes the entire Agreement between the parties and supersedes all previous agreements included promises and representation , whether written or oral , between the parties with respect to the subjection matter hereof IN WITNESS WHEREOF , the parties hereto , each acting under due and proper authority , have executed this Agreement as of the day , month , and year first above written This is the ______ day of May 2005 Attest JOHNSTON COUNTYPage1154 May 9 , 2005 Continued ___________________ _________________________ April Byrd , Clerk to the Honorable Cookie Pope , Chairman Board of Commissioners Johnston County Board of Commissioners Attest TOWN OF BENSON ___________________ _________________________ Connie Sorrell Honorable Donald H Johnson , Mayor Benson Town Clerk Attest TOWN OF CLAYTON ___________________ _________________________ Sherry Scoggins Honorable Jody McLeod , Mayor Clayton Town Clerk 4 Award of Contract - Benson to Four Oaks Wastewater Line The Board received the following bids on April 28 , 2005 for the Four Oaks to Benson wastewater transmission facilities Seaside Environmental Construction , Inc 1,315,71282 Hendrix Barnhill 1,334,91500 Utilities Plus 1,408,31895 TA Loving Company 1,481,94500 Herring & Rivenbark 1,588,19420 Byrd Brothers 1,814,43400 JF Wilkerson Contracting 1,899,74000 Ralph Hodge Construction 2,010,21810 Tim Broome , Public Utilities Director , stated a total of eight bids were received The low bid was given by Seaside Environmental Construction , Inc of Raleigh , with a base bid in the amount of 1,315,71282 Unfortunately , the low bid was above the amount originally budgeted for construction Construction engineer , Dewberry , evaluated several alternatives for cost reduction , and recommended incorporating the following changes to save 145,71260 on the project • Substitution of 8 diameter pipe in lieu of 12 diameter pipe for the 11,000 lf segment of force main from Raleigh Rd to the Benson WWTP • Deletion of flushing hydrants required for initial maintenance of the 12 main segment • Substitution of conventional cement lining in lieu of ceramic lining for ductile iron pipe • Substitution of PVC pipe with a concrete cradle in lieu of ductile iron pipe at air release valves The revised project budget on the basis of the reduced construction cost would be as follows Construction 1,170,000 Construction Contingency 59,000 Allowance for replacement of pump and 90,000 generator at Four Oaks WWPS Boundary surveys and easements 15,000 Technical services a Design , permitting , and bidding 96,500 b Construction inspection and administration 15,000 Administrative cost and regulatory permits 2,500 Total Project Cost 1,448,000 The total project cost exceeds the budget cost by 158,000 Additional funds in this amount would be required if the Board chooses to move forward with construction Assuming additional funding can be arranged , staff recommended award of the construction contract to low bidder Seaside Environmental Constructors , Inc in the adjusted amount of 1,170,000 , and adoption of the revised project budget Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board awarded the contract for construction of the Benson to Four Oaks Wastewater Line to Seaside Environmental Constructors , Inc in the amount of 1,170,000 , and approved the revised project budget of 1,448,000 , subject to the availability of additional funding 5 Budget Amendments ApprovedPage2155 May 9 , 2005 Continued Following discussion , Commissioner W Ray Woodall moved the Board approve the following budget amendments for the purchase of a building to lease to the Council on Aging original purchase approved May 2 , 2005 , and for the Health Department to budget state funds from the State Cancer Prevention and Control program Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Non - Departmental FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 46007400 Capital Outlay 345,00000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 345,00000 Health FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 59207050 Non - Major Capital 3,50000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 592034155 Dept Health & Human Services - Cancer Prevention & Control 3,50000 Program 6 Board Reports and Comments A Chairman Pope appointed Commissioners Mims , Stewart and Braswell to a committee to further study and work with DOT on traffic issues in the Cleveland area , specifically the area of Case 4 - 40 rezoning and special use requests th B The Board briefly discussed County Assembly Day on May 25 There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote _________________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage