October 10, 2005 - 6:45 PM - County Board of Commissioners Meeting Minutes (Special)

10 310 Meeting of the Johnston County Board of Commissioners October 10 , 2005 Special Session The Johnston County Board of Commissioners met in special session Monday , October 10 , 2005 at 6 45 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 , Deva C Holt , Deputy Clerk , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Hearing – 6 45 pm Proposed Amendment to the County Code of Personnel Ordinance , Article VI , Section 5 – Retirement , and Possible Repeal of the County Personnel Ordinance Advertised September 30 , October 4 , 2005 The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the hearing is to consider a possible amendment to the Personnel Ordinance – Article VI , Section 5 – Retirement , and to consider the repeal of the Personnel Ordinance th Commissioner Jeffrey P Carver moved the Board postpone the hearing until November 14 at 6 45 pm , and requested the Deputy Clerk to re - advertise the special meeting and public hearing for that time Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote th There being no further comments , the Chairman postponed the public hearing until November 14 as agreed upon by the Board 2 Board Reports and Comments A Hurricane Katrina Relief Follow - Up Emergency Services Director Dewayne West informed the Board that , as of last week , donations totaled 13,54338 from the County’s Hurricane Katrina relief effort As discussed earlier , the plans are to divide the funds between Stone County and Pearl River County Mississippi Commissioner Tony Braswell will be delivering the checks to the respective counties Mr West stated donations are still coming in , and estimated 3,000 in additional funds would be received by the end of the month These funds will be forwarded to the two Mississippi counties as well B Ideas for Reception Desk in the Courthouse Atrium Following discussion , the Board requested the County Manager gather cost estimates for a reception area in the courthouse atrium , and begin discussions with volunteers to staff the reception desk Further , the Board asked the County Manager to gather cost estimates on an enclosed smoking area in the courthouse atrium C Water District Service Area Committee Chairman Pope appointed Commissioners Tony Braswell , DeVan Barbour , and Allen L Mims , Jr to a sub - committee to discuss water districts service areas There being no further business , Commissioner W Ray Woodall 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 BoardPage311 October 10 , 2005 Continued October 10 , 2005 Regular Session The Johnston County Board of Commissioners met in regular session Monday , October 10 , 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 , Deva C Holt , Deputy Clerk , and J Mark Payne , County Attorney 1 Public Comments No one spoke at this time 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – September 30 , October 4 , 2005 Certified letters were mailed to adjoining property owners on September 29 , 2005 , and notices posted at the locations on August 2 , 2005 The Chairman opened the Rezoning Hearing for Case 05 - 18 Case 05 - 18 Petition to rezone a 48 acre portion of two tracts totaling 450 acres located on Ogburn Road SR 1579 in Smithfield Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 15J09025G , 15J09025L Owners Donald Ray & Kathy Sue Jernigan Applicant Bobby Bissette Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone a 48 acre portion of two tracts totaling 450 acres located on Ogburn Road , in the Smithfield Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD The predominant zoning in the area is Agricultural - Residential There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 18 Decision on Rezoning Case 05 - 18 Case 05 - 18 Petition to rezone a 48 acre portion of two tracts totaling 450 acres located on Ogburn Road SR 1579 in Smithfield Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 15J09025G , 15J09025L Owners Donald Ray & Kathy Sue Jernigan Applicant Bobby Bissette Commissioner Jeffrey P Carver moved the Board deny rezoning case 05 - 18 , a 48 acre portion of two tracts totaling 450 acres located on Ogburn Road , in the Smithfield Township , from Agricultural - Residential AR to Industrial 1 – Special Use District I1 - SUD Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 05 - 22 Case 05 - 22 Petition to rezone 88 acres of an 8056 acre parcel of land located on Benson Hardee Road SR 1303 in Elevation Township , from Agricultural - Residential AR to General Business – Special Use District GB - SUD Tax ID 07D06036C Owner Applicant Tony Wayne and Diane Johnson Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 88 acres of an 8056 acre parcel of land located on Benson Hardee Road , in the Elevation Township , from Agricultural - Residential AR to General Business – Special Use District GB - SUD The predominant zoning in the area is Agricultural - Residential Tony Johnson , property owner , requested the Board approve the rezoning and accompanying special use permit He stated that he would like to operate a heavy duty paint and auto body shop The business would bePage312 October 10 , 2005 Continued operated by Mr Johnson , his daughter , and son - in - law Mr Johnson reviewed the hours of operation , signage , specifications , fencing , and landscaping details of the business In response to a question from Commissioner Allen L Mims , Jr , Mr Johnson stated that , in his opinion , the body shop would be a benefit to the community The body shop would be the only one in the area with a paint booth and frame machine with the capacity to work on small and large vehicles Currently , body shops in the area have to tow wrecked heavy duty vehicles to Wilson or Greensboro to be aligned on a frame machine Brian Bailey , 211 Turlington Drive , Benson , stated that he lives behind the subject property He expressed concern that the type of activities performed would affect the ground water Mr Finn noted that , if the Board approves the accompanying special use permit , Mr Johnson would be required to comply with the conditions of the permit and relevant State licensing requirements as well , both of which should address any concerns that neighbors might have regarding the operation and disposal of waste from the body shop Mr Johnson added the paint booth is a “ state of the art ” booth approved by OSHA Filters within the booth will catch all hazardous particles , and Crystal Clean will pick up and dispose of these particles every six to eight weeks Crystal Clean will also pick up solids from the paint recycler , motor oil , and anti - freeze In response to a question from Commissioner Jeffrey P Carver , Mr Finn stated the case did not come before Planning staff as a violation , rather , Mr Johnson came into the office and requested the rezoning and special use application There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 22 Decision on Rezoning Case 05 - 22 Case 05 - 22 Petition to rezone 88 acres of an 8056 acre parcel of land located on Benson Hardee Road SR 1303 in Elevation Township , from Agricultural - Residential AR to General Business – Special Use District GB - SUD Tax ID 07D06036C Owner Applicant Tony Wayne and Diane Johnson Commissioner DeVan Barbour moved the Board approve rezoning case 05 - 22 , 88 acres of an 8056 acre parcel of land located on Benson Hardee Road , in the Elevation Township , from Agricultural - Residential AR to General Business – Special Use District GB - SUD Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 22 Case 05 - 22 Application to allow for the operation of an auto body shop including heavy duty vehicles Owner Applicant Tony Wayne and Diane Johnson Those wishing to speak on Special Use Case 05 - 22 were sworn in by the Deputy Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for the operation of an auto body shop including heavy duty vehicles He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 22 on June 28 , 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 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 Page313 October 10 , 2005 Continued • 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 August 16 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 22 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr DeLaine , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 22 , based on the following Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 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 County’s 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 the Planning & Zoning Department 2 Buffer Class C buffer 3 large trees , 6 small trees , and 16 shrubs every 100 linear feet along all property lines 3 Fenced area as shown on site plan shall be constructed of 8 ’ opaque materials 4 All weather surface drive to the fenced area shall be installed and shown on final site plan 5 Note the location of the bays for the garage on final site plan noting the required all weather surface drive to each 6 All buildings existing and proposed must meet NC Commercial Codes as determined by Johnston County Building Inspections 7 Hours of Operation Monday thru Saturday , 7 00 am to 5 00 pm 8 Signage 4 ’ x 8 ’ 32 sqft maximum ; in addition to the existing sign 9 No outside storage of vehicles waiting for repair Applicant Tony Johnson stated that he and his family wish to operate a good business that is environmentally safe , and welcomed the Board to visit the site In response to a question from Commissioner DeVan Barbour , Mr Johnson stated all paint material would be stored in steel barrels Further , the fire marshal would come out to help designate the exact location of a specific area to store the paint material Commissioner Jeffrey P Carver asked the applicant the distance of the nearest wells , his own and neighbor Brian Bailey’s , to the proposed business Mr Johnson stated that there is one existing well within 30 ft , and two within 500 ft of the building , on the property that he owns Mr Bailey’s well is 2,000 to 2,500 ft from the proposed business In response to a question from Commissioner Tony Braswell , Mr Johnson responded the only sign in front of the proposed business was the County’s notice of requested rezoning and special use Commissioner Wade M Stewart questioned the meaning of Special Use Condition number 9 Mr Johnson stated there would be no storage of vehicles outside of the fenced area Mr Finn noted the Planning Board recommended approval of the special use request with nine conditions attached There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 22 Decision on Special Use Case 05 - 22 Case 05 - 22 Application to allow for the operation of an auto body shop including heavy duty vehicles Owner Applicant Tony Wayne and Diane Johnson PagePage pageNumber5314 October 10 , 2005 Continued 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 Applicants Tony Wayne and Diane Johnson , for the operation of an auto body shop including heavy duty vehicles on Benson - Hardee Road in the Elevation Township Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 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 County’s 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 the Planning & Zoning Department 2 Buffer Class C buffer 3 large trees , 6 small trees , and 16 shrubs every 100 linear feet along all property lines 3 Fenced area as shown on site plan shall be constructed of 8 ’ opaque materials 4 All weather surface drive to the fenced area shall be installed and shown on final site plan 5 Note the location of the bays for the garage on final site plan noting the required all weather surface drive to each 6 All buildings existing and proposed must meet NC Commercial Codes as determined by Johnston County Building Inspections 7 Hours of Operation Monday thru Saturday , 7 00 am to 5 00 pm 8 Signage 4 ’ x 8 ’ 32 sqft maximum ; in addition to the existing sign 9 No outside storage of vehicles waiting for repair The Chairman reopened the Rezoning Hearing for Case 05 - 25 Case 05 - 25 Petition to rezone 47835 acres located on NC 42 East and Motorcycle Road SR 1704 in Wilders Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 16K05001Z , 16J04016A , 16J05002Q , 16J05002D , 16K05001D , 16J05002L , 16J05002K , 16J04015B , 16J04015C , 16K05001G , 16J050020 Owner 42 East LLC , Jimmy R Flowers , Alecia Lynn Flowers Zucker Applicant 42 East LLC Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone 47835 acres located on NC 42 East and Motorcycle Road , in the Wilders Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD He noted that there is significant mixed use development in the area along the Hwy 42 East corridor Henry Campin , attorney representing 42 East LLC , stated that he was available to answer any questions the Board might have Ken Stephenson , developer on Hwy 42 East , stated that , as a result of good planning by the Board , county staff , and developers , the quality of growth in the area over the past several years has been excellent He expressed concern that the increasing number of new developments will add to traffic problems , strain school capacity , and affect sewer needs Mr Stephenson pointed out the widening of Hwy 42 East has been delayed until 2012 He requested the Board consider the impact the proposed rezoning and accompanying mixed use development would have on the quality of life for the citizens already living in the area In response to a question from Commissioner Allen L Mims , Jr regarding wastewater treatment , Mr Campin stated a private on - site wastewater treatment facility is planned for the development It is his understanding that if the developer performs the initial installation of the facility , then the County would take over the system PagePage pageNumber6315 October 10 , 2005 Continued Gary Lynch , general contractor with 42 East LLC , added that due to the County’s shortage of capacity , the developers plan to build an on - site treatment facility applicable to County standards , with the intentions to turn the system over to the County for maintenance He stated the treatment plans include on - site disposal with sub - surface irrigation on approximately 25 - 28 acres of reserved area , and identified for the Board the areas on the site map In response to a question from Commissioner Jeffrey P Carver , Mr Lynch stated there is one access plus an emergency entrance exit to NC 42 on the south side of the property Plans are for 505 homes on this side of the development In response to questions from Commissioner Wade M Stewart regarding the proposed irrigation system , Mr Lynch stated his company has contracted with Jack Harmond , for assistance in the design of the system , and SENC , to complete the soil work for the project The initial soil work has been completed , however , the developers need approval of the rezoning and special use requests before submitting the soil results to the State Mr Lynch noted the developers plan to deed the system to a utility company , whether this is the County or a private company The company will be responsible for maintaining the system and keeping it up to State standards Public Utilities Director Tim Broome stated that policy allows the County to assume ownership of treatment facilities with underground irrigation systems for developments with over 100 homes , and treatment facilities with above - ground irrigation systems for developments with over 200 homes He noted that staff has spoken with the developers about the County maintaining the system if it is built to County standards and specifications In his opinion , if the system is well maintained , it should last a considerable number of years Commissioner Stewart questioned whether any other developments in the County used sub - surface irrigation systems in conjunction with wastewater treatment Mr Broome stated that he was not aware of any other in Johnston County , however , several systems existed in NC In response to a question from Commissioner Mims regarding sewer rates , Mr Broome noted the retail user charge for self - contained systems is 25 - 30 higher than the average sewer customer within the county He stated that if the Board chose to approve the subject development , he would ask for the system to be built in phases so if , and when , central capacity is available , the on - site sewer system development could be stopped at any point What had been built could continue to operate , but staff would prefer to divert all wastewater into the county system Mr Broome requested a caveat that the developer agrees that assessment fees would be charged to all development tributary to the county system Mr Lynch noted the development would like the opportunity to hook on to county sewer in the future , and stated the developers are agreeable to building the private wastewater treatment facility in phases Commissioner Jeffrey P Carver asked what the expected “ build - out ” time frame was for the development would be , and whether any open space had been designated for recreation Mr Lynch responded the project’s expected “ build - out ” time frame is six to seven years He stated that 99 acres have been reserved for open space , and pointed out the open space areas are spread throughout the development There will be passive and active amenities Sidewalks run along the main commercial corridor and throughout the subdivision to provide easy access to open space and commercial activities In response to concerns from the Board regarding the effect on school capacity in the area , Mr Lynch noted that in order to give the County an opportunity to view their long range plan for the area , the developers chose to submit the project as a planned unit development versus several smaller subdivisions The development is marketed toward active adults , rather than families with school age children Further , the homes would be upper - end homes , resulting in a higher tax base With the current project , the space was not available for a school site unless the plans were revised to create smaller lots , which would result in lower tax values In response to questions from the Board regarding the commercial area , Mr Lynch noted the commercial development would be in the beginning of the project Plans include a 100 ft buffer between the commercial area and Hwy 42 Commissioner DeVan Barbour inquired as to the emergency routes for the development PagePage pageNumber7316 October 10 , 2005 Continued Mr Lynch pointed out the emergency routes on the map , and assured the Board the emergency exits were adequate to serve the development Becky Flowers , developer on Hwy 42 East , requested the Board consider tabling the rezoning request for 30 days She expressed concern that there were numerous other developments in the area with open commercial and residential space The current developments are already affecting school capacity , infrastructure and sewer Further , Ms Flowers pointed out the subject project may set a precedent for future developers to request the County take over their respective sewer systems In response to Ms Flowers ’ comments , Mr Campin , attorney representing 42 East LLC , noted the proposed sewer system is intended to relieve the County’s burden He reiterated that the developers chose to submit the project as a planned unit development to give the County an opportunity to view their long range plan for the area There being no further comments , the Chairman closed the Rezoning Hearing for Case 05 - 25 Decision on Rezoning Case 05 - 25 Case 05 - 25 Petition to rezone 47835 acres located on NC 42 East and Motorcycle Road SR 1704 in Wilders Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 16K05001Z , 16J04016A , 16J05002Q , 16J05002D , 16K05001D , 16J05002L , 16J05002K , 16J04015B , 16J04015C , 16K05001G , 16J050020 Owner 42 East LLC , Jimmy R Flowers , Alecia Lynn Flowers Zucker Applicant 42 East LLC Motion Commissioner Allen L Mims , Jr moved the Board approve rezoning case 05 - 25 , 47835 acres located on NC 42 East and Motorcycle Road , in the Wilders Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Board Discussion Commissioner Carver stressed the need for the Board to adopt a long range strategy to deal with the issues discussed , such as infrastructure needs , school capacity , and traffic impact Commissioner Barbour agreed with the concerns expressed by Commissioner Carver , and stated the Board needs to have a comprehensive feel for the growth taking place throughout the county He emphasized that in addition to the cases the Board makes decisions on , it is important to consider the subdivisions the Planning Board approves as well Commissioner Stewart requested staff continue asking developers to set aside land for school sites on large scale developments Commissioner Woodall further expressed concern regarding the school situation , and requested the Board and staff focus further attention on the situation in the Hwy 42 East area and county - wide Second to Motion & Vote Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , and Tony Braswell Nayes Commissioners W Ray Woodall and DeVan Barbour The Chairman reopened the Special Use Hearing for Case 05 - 25 Case 05 - 25 Application to allow for a Planned Unit Development Mixed Use Owner 42 East LLC , Jimmy R Flowers , Alecia Lynn Flowers Zucker Applicant 42 East LLC Those wishing to speak on Special Use Case 05 - 25 were sworn in by the Deputy Clerk to the Board PagePage pageNumber8317 October 10 , 2005 Continued Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for a Planned Unit Development - Mixed Use He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 25 on July 20 , 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 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 August 16 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 25 and made the following recommendations Upon a motion by Mr DeLaine , seconded by Mr Browder , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 25 , based on and subject to the following Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 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 County’s 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 Owners name and address 2 Complete flood plain information 3 Metes and bounds 4 Certifications 5 Entrance sign and street signs 6 Street name approval 7 All driveways shall access internal streets 8 Show to whom open space is dedicated 9 Show lot sizes on final plat 10 Complete improvements or provide performance guarantee 11 Cul de sac lots must have 40 ’ of road frontage 12 Final plats must be signed by all current property owners 13 A driveway permit and subdivision design approval must be obtained prior to construction 14 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 15 It will be determined at the time the driveway permit application is submitted , what types of road improvements will be required 16 Examples of these improvements may include , but is not limited to , dedication of additional right - of - way for future projects , construction of left and right turn lanes , installation or modification of traffic signals if warranted , modification of the drainage system , and or construction of median islands The main entrance on NC 42 for section E shall tie directly across from Section F Also , Section G shall be accessed through section H Within the subdivision , 90 - degree turns and offset bulbs shall not be allowed Any roundabouts shall be designed to FHWA standards 17 Additional right of way shall be dedicated based on NCDOT’s determination of need at the time the driveway permit application is evaluated 18 Approval of water & sewer system 19 Water supply will be subject to a capital reimbursement charge 20 Please advise if the developer prefers for Johnston County to own , operate , and maintain the “ private wastewater treatment plant ”PagePage pageNumber9318 October 10 , 2005 Continued 21 Soil Erosion and Sedimentation Control Plan required 22 Stormwater Compliance ; Must submit a stormwater management plan , and land dedication will be required if the project develops with the proposed impervious area limits Henry Campin , attorney representing 42 East LLC , requested the Board consider his comments from the rezoning hearing for Case 05 - 25 He presented to the Board a folder containing “ Evidence in Support of Application for Special Use Permit ” for Case 05 - 25 The folder is on record in the Case 05 - 25 file , located in the County Administration office He noted the special use request meets and or exceeds the requirements of the County Code of Ordinances pertaining to planned unit developments In response to a question from Commissioner DeVan Barbour regarding the time frame for commercial development , Gary Lynch , general contractor with 42 East LLC , stated the commercial portion of the project would be during the first phase of development Commissioner Allen L Mims , Jr stated it was his understanding from the traffic impact analysis provided to the Board that adequate capacity along Hwy 42 would not be available until 2012 - 2015 He questioned how the development met Finding of Fact Number One included in the proposed special use permit , which specifies “ 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 ” Gary Lynch , general contractor with 42 East LLC , noted that certain intersections are at capacity Peter Brennan , surveyor for Brennan Land Surveying , stated that he had performed work on the property He noted that he had spoken with Scott Lane , Director of Planning for the Louis Berger Group , which performed the traffic study Currently , Hwy 42 exceeds capacity Recommendations are to help alleviate some of the congestion with signalization and turn lanes Mr Campin added the study was based on a 9 annual growth rate for existing traffic for the area , plus the unrelated development of 672 houses The study indicated of all the intersections , with the exception of one , the proposed site accounts for less than 6 of the total peak hour trips at those intersections He pointed out the results of the traffic impact analysis met the approval of planning staff Mr Lynch stated the installation of the signal light would depend on the Department of Transportation Commissioner Wade M Stewart expressed concern that traffic problems will hamper the sale of houses in the area In his opinion , the Board should consider the established investments in the area when approving new developments The Board requested Public Utilities Director Tim Broome to restate his request regarding the proposed development’s wastewater system Mr Broome requested the Board require the developers design the wastewater system to meet County and State standards , and build the system in phases so if , and when , central capacity is available , the on - site sewer system development could be stopped at any point What had been built could continue to operate , but staff would request to divert all wastewater into the county system Further , Mr Broome requested that the developer agree that assessment fees would be charged to all development tributary to the county system On behalf of 42 East LLC , Mr Campin agreed to Mr Broome’s request There being no further comments , the Chairman closed the Special Use Hearing for Case 05 - 25 Decision on Special Use Case 05 - 25 Case 05 - 25 Application to allow for a Planned Unit Development Mixed Use Owner 42 East LLC , Jimmy R Flowers , Alecia Lynn Flowers Zucker Applicant 42 East LLC Based on the following findings of fact , with special conditions attached and the addition of special condition number 23 , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Owners 42 East LLC , Jimmy R Flowers , and Alecia Lynn Flowers Zucker , and Applicant 42 East LLC , to allow for a Planned Unit Development - Mixed Use on NC 42 East and Motorcycle Road in the Wilders Township Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Page0319 October 10 , 2005 Continued Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , and Tony Braswell Nayes Commissioners W Ray Woodall and DeVan Barbour 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 County’s 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 Owners name and address 2 Complete flood plain information 3 Metes and bounds 4 Certifications 5 Entrance sign and street signs 6 Street name approval 7 All driveways shall access internal streets 8 Show to whom open space is dedicated 9 Show lot sizes on final plat 10 Complete improvements or provide performance guarantee 11 Cul de sac lots must have 40 ’ of road frontage 12 Final plats must be signed by all current property owners 13 A driveway permit and subdivision design approval must be obtained prior to construction 14 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 15 It will be determined at the time the driveway permit application is submitted , what types of road improvements will be required 16 Examples of these improvements may include , but is not limited to , dedication of additional right - of - way for future projects , construction of left and right turn lanes , installation or modification of traffic signals if warranted , modification of the drainage system , and or construction of median islands The main entrance on NC 42 for section E shall tie directly across from Section F Also , Section G shall be accessed through section H Within the subdivision , 90 - degree turns and offset bulbs shall not be allowed Any roundabouts shall be designed to FHWA standards 17 Additional right of way shall be dedicated based on NCDOT’s determination of need at the time the driveway permit application is evaluated 18 Approval of water & sewer system 19 Water supply will be subject to a capital reimbursement charge 20 Please advise if the developer prefers for Johnston County to own , operate , and maintain the “ private wastewater treatment plant ” 21 Soil Erosion and Sedimentation Control Plan required 22 Stormwater Compliance ; Must submit a stormwater management plan , and land dedication will be required if the project develops with the proposed impervious area limits 23 The design of the wastewater system must meet County and State standards , and be built in phases so if , and when , central capacity is available , the County has the authority to stop the development of the on - site sewer system What had been built could continue to operate , but the County has the option to divert all wastewater into the county system At that point , assessment fees will be charged to all development tributary to the county system Page1320 October 10 , 2005 Continued Case 05 - 26 Petition to rezone 275 acres of a 1633 acre parcel of land located on Driver Road SR 1731 in O’Neals Township , from Agricultural - Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 11N03004E Owner Applicant Richard D Rockett At the request of the applicant , Commissioner Allen L Mims , Jr moved the Board table Case 05 - 26 th until the December 12 meeting Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Mary Tedder , 130 Driver Road , Middlesex , stated that she lives directly across from Mr Rockett’s property , and expressed her opposition to the proposed rezoning and special use permit The Board requested Ms Tedder return in December to voice her concern at that time There being no further business , Commissioner Tony Braswell 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