October 11, 2004 - 10:00 AM - County Board of Commissioners Meeting Minutes

10 798 Meeting of the Johnston County Board of Commissioners October 11 , 2004 The Johnston County Board of Commissioners met in regular session Monday , October 11 , 2004 , at 7 00 pm in the Commissioners ’ Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Della H Knight , Deputy Clerk , J Mark Payne , County Attorney and April N Byrd , Assistant to Clerk The Chairman called the meeting to order and the following business was transacted Public Comments 1 Request to be Excluded from Mandatory Water Connection Bobby Daughtry , 923 Woodard Road , Princeton , asked the Board to waive the mandatory connection for public water for his daughter - in - law’s new residence , which is located beside his home Mr Daughtry explained that even though his well water is very good , he voted for the water district to be built in the area in order to help those not so fortunate ; however , did not realize that a person building a new home close to the line would be required to use the public water system The Board agreed to look into this situation and get back with Mr Daughtry 2 Pet Adoption Center Animal Shelter Matter Arthur Davis , 412 Rolling Ridge Court , Benson , whose dog was recently euthanized by mistake by County Animal Control , spoke briefly of his experience He informed the Board that regardless of the number of rumors that have been circulating , County staff has treated him fairly and he feels that the matter is being looked into thoroughly Maurine McMullen , 413 Rolling Ridge Court , Benson , Mr Davis ’ neighbor , stated she and others are forming a volunteer group that would like to help the County with animal shelter and animal control issues Commissioner James H Langdon , Jr stated that the mishap at the shelter was being looked into , specifically how it happened and how to be certain that it does not happen again He assured Mr Davis that he would be informed as to the progress and outcome of the investigation Mr Langdon thanked both Mr Davis and Ms McMullen for their attendance and comments 3 Resolution to Authorize Rural Center Grant Application for Wastewater Extension Michael deSherbinin , Economic Development Director for the County , asked the Board to adopt a resolution giving authorization for the County to proceed with a Rural Center 500,000 grant to complete a sewer line between Four Oaks and Benson He noted the Town of Benson will also adopt a similar resolution for funds to expand their wastewater treatment plant The two projects will allow connection for Benson with the Central Regional Wastewater Plant that serves Smithfield , Selma , Four Oaks , and Pine Level , and the Clayton area Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following resolution AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT Economic Infrastructure Grants Program WHEREAS , The North Carolina General Assembly passed House Bill 1352 authorizing the making of grants to aid eligible units of government in financing the cost of construction of wastewater treatment works , wastewater collection systems , and water supply systems , that will result in job creation , and WHEREAS , Johnston County has need for and intends to construct or rehabilitate a publicly - owned treatment works or an alternate wastewater system , for wastewater collection systems or for water supply and distribution systems , project described as the construction of a Four Oaks to Benson interconnector line ; and WHEREAS , Johnston County intends to request grant assistance from the Economic Infrastructure Grants Program for the project ;Page799 October 11 , 2004 Continued NOW THEREFORE BE IT RESOLVED , BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS That Johnston County will arrange financing for all remaining costs of the project , if approved for a grant That Johnston County will provide for efficient operation and maintenance of the project on completion of construction thereof That James H Langdon , Jr , Chairman and successors so titled , is hereby authorized to execute and file an application on behalf of Johnston County with the NCREDC Rural Center for a grant to assist in the construction of the project described above That James H Langdon , Jr , Chairman , and successors so titled , is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project ; to make the assurances as contained above ; and to execute such other documents as may be required in connection with the application That Johnston County has substantially complied or will substantially comply with all Federal , State , and local laws , rules , regulations , and ordinances applicable to the project and to the grants pertaining thereto th Adopted this the 11 day of October 2004 at Smithfield , North Carolina 4 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In The Smithfield Herald - September 28 , October 5 , 2004 Certified letters were mailed to adjoining property owners on September 30 , 2004 , and notices posted at the locations on September 27 , 2004 The Chairman opened the Rezoning Public Hearing for Case 04 - 28 Case 04 - 28 Petition to rezone 78 acres located at the northwest corner of Cleveland Road SR 1010 and Allen Road SR 1516 intersection , in Cleveland Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD Tax ID 06R04020 , 06F04019A Thomas F Allen and Carol Thigpen Howell Petitioner Thomas F Allen Jeremy Smith , Planner , identified the property on the GIS map and noted this is a request to rezone approximately 78 acres at the northwest corner of Cleveland Road and Allen Road , in Cleveland Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD The predominant zoning in the area is Agricultural - Residential Mike Allen , 216 Caswell Street , Smithfield , asked the Board for their support and approval so that he can establish a used auto sales lot at the location In response to questions from Commissioner Allen L Mims , Jr , concerning his former business and plans for his new facility , Mr Allen stated that he has been in the used auto sales business since 1982 and formerly owned the business beside Evans Tire Service The property requested for rezoning belongs to his uncle , on which he plans to construct a 30 x 50 metal building with offices , a bathroom and small kitchen , and two clean up bays in the back He noted he plans to make the new facility as attractive has possible with landscaping ; however , his budget will most likely not allow for a brick facade on the front at this time Mr Smith stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 04 - 28 Decision on Rezoning Case 04 - 28 Case 04 - 28 Petition to rezone 78 acres located at the northwest corner of Cleveland Road SR 1010 and Allen Road SR 1516 intersection , in Cleveland Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD Tax ID 06R04020 , 06F04019A Thomas F Allen and Carol Thigpen Howell Petitioner Thomas F Allen Commissioner Cookie Pope moved the Board approve rezoning case 04 - 28 , 78 acres at the northwest corner of Cleveland Road and Allen Road intersection in Cleveland Township from Agricultural - Residential AR to General Business - Special Use District GB - SUD for owners , Thomas Allen and Carol Thigpen Howell and petitioner , Thomas Allen Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Public Hearing for Case 04 - 28 Case 04 - 28 Special Use Permit Application to allow for the construction and operation of a used auto sales lot on the 78 acre tract located at the northwest corner of Cleveland Road and Allen Road for applicant Thomas F AllenPage800 October 11 , 2004 Continued Those wishing to speak on Special Use Case 04 - 28 were sworn in by the Clerk to the Board Planner Jeremy Smith explained that this is a companion special use request to allow for the construction and operation of a used auto sales lot He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 28 on June 14 , 2004 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 17 , 2004 the Johnston County Planning Board held public hearings regarding the Special Use Permit for Case 04 - 28 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 1 for the Special Use Permit Application to allow for the construction and operation of a used auto sales lot The Planning Board recommended the following the Finding 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 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 service to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 No access onto Cleveland Road 3 Operation hours of Monday through Friday 8 30am to 7 00pm , Saturday 8 30am - 2 00pm 4 Installation of Class B buffer along all zoning parcel property lines , as shown on site plan 5 Freestanding sign shall be ground or monument sign , no pole sign ; 4 ’ x 6 ’ in size , on poles with space underneath , no higher than 6 ’ to the top ; to DMV minimum requirements ; can not be in the right - of - way 6 Maximum number of cars 25 7 There will be no auto repair , no outside storage of any equipment , no storage of inoperable vehicles 8 Lighting will be spotlights on corners of building to light the front area ; no pole lights In discussion , it was noted the driveway will be on Allen Road instead of Cleveland Road , and will be subject to final approval by the NCDOT There being no further comments , the Chairman recessed the Special Use Public Hearing for Case 04 - 28 Decision on Special Use Case 04 - 28 Case 04 - 28 Special Use Permit Application to allow for the construction and operation of a used auto sales lot on the 78 acre tract located at northwest corner of Cleveland Road and Allen Road for applicant Thomas F Allen Motion Based upon the following findings of fact , with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to applicant , Thomas F Allen to allow for the construction and operation of a used auto sales lot on the 78 acres located at the northwest corner of Cleveland Road and Allen Road Commissioner Cookie Pope seconded the motion which carried by unanimous vote Page801 October 11 , 2004 Continued 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 service to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 No access onto Cleveland Road 3 Operation hours of Monday through Friday 8 30am to 7 00pm , Saturday 8 30am - 2 00pm 4 Installation of Class B buffer along all zoning parcel property lines , as shown on site plan 5 Freestanding sign shall be ground or monument sign , no pole sign ; 4 ’ x 6 ’ in size , on poles with space underneath , no higher than 6 ’ to the top ; to DMV minimum requirements ; can not be in the right - of - way 6 Maximum number of cars 25 7 There will be no auto repair , no outside storage of any equipment , no storage of inoperable vehicles 8 Lighting will be spotlights on corners of building to light the front area ; no pole lights The Chairman reopened the Rezoning Public Hearing for Case 04 - 36 Case 04 - 36 Petition to rezone 3622 acres located on Cleveland Road SR 1010 in Cleveland Township , from Planned Unit Development PUD to Agricultural - Residential AR Tax ID 06D01003D , 06D01003C , 06D01003A Owners Jerry S and J Fletcher Boone Mr Smith identified the property on the GIS map and noted this request is to rezone 3622 acres on Cleveland Road from Planned Unit Development PUD to Agricultural - Residential AR He further noted that at one time this property was part of Cleveland Village Mr Smith stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Public Hearing for Case 04 - 36 Decision on Rezoning Case 04 - 36 Case 04 - 36 Petition to rezone 3622 acres located on Cleveland Road SR 1010 in Cleveland Township , from Planned Unit Development PUD to Agricultural - Residential AR Tax ID 06D01003D , 06D01003C , 06D01003A Owners Jerry S and J Fletcher Boone Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 04 - 36 for 3622 acres on Cleveland Road SR 1010 in Cleveland Township , from Planned Unit Development PUD to Agricultural - Residential AR for owners , Jerry S And Fletcher Boone The Chairman reopened the Rezoning Public Hearing for Case 04 - 37 Case 04 - 37 Petition to rezone 42 acres of a 396 acres tract of land located on Swift Creek Road SR 1501 in Smithfield Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 15I08007B Owners Applicants Richard and Pamela Killebrew Mr Smith identified the property on the GIS map and stated this request is to rezone 42 acres of a 396 acres tract of land on Swift Creek Road SR 1501 in Smithfield Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD The 42 acres are located on the northwest section of the larger tract Attorney Leo Daughtry , representing the owners , Richard and Pamela Killebrew , stated his clients have purchased the land , constructed a barn for horses and would like to have the property rezoned Agricultural Residential Special Use District so their daughter , Natalie Killebrew , can operate her business of boarding horses and teaching ridingPagePage pageNumber5802 October 11 , 2004 Continued lessons He noted the Killebrews wish to be good neighbors and are willing to do whatever the Board asks of them to make this work Ricky Killebrew , who lives on NC 210 in Smithfield , stated his daughter , Natalie , primarily gives riding lessons to youth and is involved with the 4 - H program in the County Max Creech , 3972 Swift Creek Road , stated that he lives across the road from the property , and while he is not opposed to the request , he is concerned about the waste from the horse business potentially contaminating Swift Creek Martha Catz , 4011 Swift Creek Road , stated she did not oppose the rezoning at the Planning Board meeting , however after doing considerable research about special use permits in Johnston County , she now questions whether this might open the door for other commercial business to come into the residential neighborhood , which would change the character and environment of the area If approved , she urged the Board to uphold the special conditions of the permit , especially protect the streams both now and in the future , and thus send a message to adjoining property owners that their interests are honored Willard and Yvonne Southerland , 208 Bayleaf Drive , Raleigh , informed the Board that they have recently purchased the home at 3109 Swift Creek Road , directly in front of Promise Land Farms , the property that the Killebrews are requesting to be rezoned Ms Southerland noted the driveway leading to Ms Killebrew’s barn is directly beside their property She voiced concerns about the proposed hours of operation , the effect of arena lights on her home , and the fences and buffers that will be erected Mr Southerland noted that the Killebrews ’ property line is only approximately 200 feet from their back door He pointed out there will be a lot of waste from 15 to 20 horses , and he voiced concern about the runoff that will drain into Swift Creek He also spoke of the dust that will be stirred up by the traffic on the gravel road leading to the Killebrews ’ property and noted that having had lung cancer , this represents a real concern for him He suggested the Killebrews should pave the road He showed a number of photos including pictures of the fence that has been put up between his property and the Killebrews ’ driveway , and hay that has been stacked along his property line He stated he did not want the hay , the fence or any other buffer as , in his opinion , these do not look good He opposed the idea of a commercial business such as Promise Land Farms being allowed in a residential neighborhood , and suggested the Killebrews did not get the proper building permits before constructing the barn Mr Daughtry responded that all permits were obtained , and the Killebrews ’ will make sure that the waste from the animals does not contaminate Swift Creek They have agreed to go along with all the conditions recommended for the permit The hay referenced by Mr Southerland is on Mr Moore’s property , not on the Killebrews ’ property Linda Creech , 3972 Swift Creek Road , stated that she is also concerned about the runoff into Swift Creek She noted , in her opinion , buffers will not prevent contamination into what has been recognized as one of the most pure streams around Nancy Lampe , 516 Rosewood Drive , Smithfield , praised Natalie Killebrew , for the hard work and dedication that she has put into connecting with the youth of Johnston County Ms Lampe stated that her two children attend Promise Land Farms , and that she is extremely pleased with the facility and the services that Ms Killebrew provides Kathy Voet , and husband Jeff , agreed with Ms Lampe about the good job Natalie Killebrew is doing Ms Voet spoke of the cleanliness and appearance of Promise Land Farms and noted , in her opinion , it is much better than any other horse farm she has visited In response to earlier comments and questions from the Board , Ricky Killebrew stated that all building permits were obtained before the addition to the horse barn began When he first purchased the property , he did not realize that he needed to be rezoned and get a special use permit to operate the facility for horse riding , training , boarding , and day camps He further explained that Promise Land Farms is both a profit and a non - profit organization ; Ms Killebrew boards horses , and gives riding lessons for profit , and works with the Johnston County 4 - H program , the Boy Scouts and Girl Scouts Merit Programs , which are non - profit Mr Killebrew noted that lights from the arena would be shining downward , not affecting the Southerland’s property , and the trailer beside the path , which houses furniture , will be moved once the inside of the barn is completed Ms Killebrew stated she anticipates approximately eight students daily and no more than four or five cars at the business as any given time PagePage pageNumber6803 October 11 , 2004 Continued Dr Daniel Catz , adjacent property owner , noted the Killebrews have doubled the size of the existing barn , and even though it was nicely constructed , it is an eyesore for those living in the neighborhood He questioned what would happen when and if the business fails , and whether the special use permit endured forever Chairman Langdon stated that once a property is zoned special use , then it remains special use until the Board rezones it otherwise He stressed , however , that only those uses listed on the permit would be allowed without coming back to the Board for modification Mr Smith noted that the Planning Board recommended approval The Chairman closed the Rezoning Public Hearing for Case 04 - 37 Decision on Rezoning Case 04 - 37 Case 04 - 37 Petition to rezone 42 acres of a 396 acres tract of land located on Swift Creek Road SR 1501 in Smithfield Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 15I08007B Owners Applicants Richard and Pamela Killebrew Commissioner Cookie Pope moved the Board approve the rezoning of case 04 - 37 for 42 acres of a 396 acres tract of land on Swift Creek Road in Smithfield Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD for owners applicants , Richard and Pamela Killebrew Commissioner Thomas M Moore seconded the motion Discussion Commissioner Allen L Mims , Jr noted that having heard that there were concerns about the animal waste , he asked Ron Hughes with Cooperative Extension to check on the situation Ms Hughes assured him there should be no problem with disposing the waste on the land if the full acreage is used Commissioner Mims pointed out that prior to the Killebrew’s purchasing the property , this land was considered agriculture and not subject to zoning The previous owners used to have Black Angus cows on the property , and if waste from the cows did not contaminate the creek , then , in his opinion , the horses would not present a problem either He noted he does have some concerns about the commercial side of this operation especially in regards to traffic and dust , but most of the business is strictly agriculture since the owners could fill the property with horses or cattle without being subject to any zoning requirements Following further discussion , the motion carried by unanimous vote The Chairman reopened the Special Use Public Hearing for Case 04 - 37 Case 04 - 37 Special Use Permit Application to allow for the operation of horse riding , training , boarding , and day camps 42 acres of a 396 acres tract of land located on Swift Creek Road SR 1501 in Smithfield Township Applicants Richard and Pamela Killebrew Those wishing to speak on special use case 04 - 37 were sworn in by the Clerk to the Board Mr Smith explained that this is a companion special use request to allow for the operation of horse riding , training , boarding and day camps He entered the following summary of evidence with special conditions into the record A pre - application consultation was held with the applicant for Case 04 - 37 on July 20 , 2004 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 PagePage pageNumber7804 October 11 , 2004 Continued • 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 17 , 2004 the Johnston County Planning Board held public hearings regarding the Special Use Permit for Case 04 - 37 and made the following recommendations The Planning Board recommended approval with a vote of 8 - 0 for the Special Use Permit Application to allow for the operation of horse - riding , training , boarding , and day camps The Planning Board recommended the following the Finding 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 service to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff , along with recommendations by Johnston County Environmental Health Department or appropriate agency regarding proper animal waste disposal , and Public Utilities regarding erosion and stormwater control measures 2 Operation hours year - round as follows 6 00 am - 10 pm Mon - Sat , closed Sundays except to the property owners ; non - boarding activities Mon - Sat 8 00 am - 9 00 pm 3 Installation of a Class B buffer along all zoning parcel property lines , existing vegetation shall remain 4 Freestanding ground - sign shall be 3 x 4 , maximum 6 high to top of sign 5 All animal waste shall be properly disposed of , so as not to hinder the surrounding environment or potable drinking water system 6 Lighting is to be engineered so as to be directed only on the outdoor arena 7 Fencing is to be high - tensile wire fence around the entire property , with 3 - rail wooden rail fencing to be added as it is possible and available 8 Liability insurance to be on file with Staff in the amount of 1 million per incident 9 Erosion control measures will be addressed under the recommendations of the Johnston County Public Utilities Department Stormwater Management Plan Leo Daughtry , representing the Killebrews , informed the Board that his clients would be glad to answer any questions the Board might have Commissioner Mims asked why the Killebrews were asking for operating hours from 6 am until 10 pm and no hours on Sundays Ms Killebrew replied that she asked for the early and late hours only for horse owners who wished to visit , especially when a horse is sick During the early or late hours Monday through Saturday , and on Sunday , activities will be limited to persons visiting whose horses are boarded on the property Mr Killebrew again stated they would comply with all the conditions on the permit Mr Southerland stated he does not like the fence and doesn’t want buffers The Chairman explained that buffers are required by the County’s ordinance There being no further comments , the Chairman recessed the Special Use Public Hearing for Case 04 - 37 Decision on Special Use Case 04 - 37 Case 04 - 37 Special Use Permit Application to allow for the operation of horse riding , training , boarding , and day camps 42 acres of a 396 acres tract of land located on Swift Creek Road SR 1501 in Smithfield Township Applicants Richard and Pamela Killebrew Based upon the following findings of fact , with special conditions attached with clarification on Special Condition # 2 concern definition of property owners , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit to allow for the operation of horse riding , training , boarding and day camps on 42 acres of a 396 acre tract of land on Swift Creek Road in Smithfield Township for applicants , Richard and Pamela Killebrew Commissioner Thomas M Moore seconded the motion 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 promotePagePage pageNumber8805 October 11 , 2004 Continued 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 service to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff , along with recommendations by Johnston County Environmental Health Department or appropriate agency regarding proper animal waste disposal , and Public Utilities regarding erosion and stormwater control measures 2 Operation hours year - round as follows 6 00 am - 10 pm Mon - Sat , closed Sundays except to the property owners including personal property owners ; non - boarding activities Mon - Sat 8 00 am - 9 00 pm 3 Installation of a Class B buffer along all zoning parcel property lines , existing vegetation shall remain 4 Freestanding ground - sign shall be 3 x 4 , maximum 6 high to top of sign 5 All animal waste shall be properly disposed of , so as not to hinder the surrounding environment or potable drinking water system 6 Lighting is to be engineered so as to be directed only on the outdoor arena 7 Fencing is to be high - tensile wire fence around the entire property , with 3 - rail wooden rail fencing to be added as it is possible and available 8 Liability insurance to be on file with Staff in the amount of 1 million per incident 9 Erosion control measures will be addressed under the recommendations of the Johnston County Public Utilities Department Stormwater Management Plan Motion to Amend the Motion Commissioner Allen L Mims , Jr moved the motion be amended to include a condition that the driveway to the barn be paved , at least to the end of the Southerland’s property The motion to admend failed for lack of a second The original motion passed by unanimous vote The Chairman re - opened the Special Use Public Hearing for Case 614 Case 614 Application to modify an existing Special Use Permit for properties located on Cleveland Road SR 1010 The modification is part of the Village at Cleveland Springs Planned Unit Development Tax ID 06F05013 , 06H06003A , 06D01003 , 06D01003E Applicant Southwind Surveying Those wishing to speak on Special Use Case 614 were sworn in by the Clerk to the Board Mr Smith explained this request is to modify an existing special use permit for a 104 acre portion of the original Village at Cleveland Springs Planned Unit Development He noted this request does not include the Joe Carroll Property , the Alford Taylor tract , and the Boone property that were originally included in the PUD The Boone property was rezoned earlier in the evening to Agricultural Residential He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 614 on May 19 , 2004 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 PagePage pageNumber9806 October 11 , 2004 Continued • 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 July 20 , 2004 the Johnston County Planning Board held public hearings regarding the Special Use Permit for Case 614 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 for the Special Use Permit Application for the master plan as submitted for Eagles Ridge Planned Unit Development The Planning Board recommended the following the Finding 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 provides residential development that will be accessible to businesses and thoroughfares that provide efficient travel throughout Johnston County Special Conditions 1 Finals plats for the residential developments shall be submitted for review and approval by staff 2 All recreational and commercial developments shall submit a detailed site plan for review and approval by staff 3 Commercial sites located on a subdivision street shall be access via the subdivision street and not Cleveland Road SR 1010 4 Recreational Amenities shall be development along with residential development Recreational amenities facilities as presented on the master plan can be divided into four major components athletic fields courts , go karts , batting cages , and putt , putt each representing 25 of the recreational amenities development , therefore as 25 of the residential development is built out , then 25 of the recreational amenities development shall be built Permits for residential buildings will be held until the recreational amenities develops accordingly 5 Soccer field and basketball court be provided before any townhomes and residential development south of 1010 can be undertaken 6 Maximum of 5 driveway permits on 1010 7 Eliminate the go - kart suggestion as an option 8 Certifications 9 Note adjacent property owners 10 Entrance sign and street signs 11 Street name approval 12 Show lot sizes on final plat 13 Provide a parking area for the open space 14 Complete improvements or provide performance guarantee 15 Cul de sac lots must have 40 of road frontage 16 All residential lots and units must access internal street 17 Final plats must be signed by all current property owners 18 Provide stubout to the Stanton tract at proposed lot 54 so as not to create any offset with the street serving proposed lots 63 - 66 ; this is for future direct connection between the Taylor tract and Stanton tract 19 Master Plan approval by the Board of County Commissioners is required prior to final plat approval 20 A driveway permit and subdivision design approval must be obtained prior to construction 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 21 It will be determined at the time the driveway permit application is submitted , if any road improvements will be required 22 The owner developer shall install a three - lane section throughout the project limits in accordance with the current NCDOT Standard Specifications for Roads and Structures and Policy on Street and Driveway Access to North Carolina Highways 23 Approval of water & sewer system 24 Soil Erosion and Sedimentation Control Plan required Stormwater Compliance Commissioner Allen L Mims , Jr pointed out the original request was for 277 acres with 450 dwellings proposed The acreage has been reduced to 104 acres ; however the request is for 266 dwellings He suggested the reduction in housetops does not correlate with the reduction in acreage Southwind Developer , Linwood Jones of Grille Road , Clayton , explained the original master plan was to include a golf course , most of which was to be on the Joe Carroll property The plan no longer has a golf course , only soccer fields and basketball courts , and the housing density is about the same as before on the acreage involved Page0807 October 11 , 2004 Continued Mr Jones noted he has spoken with owners of the Alford Taylor property and believes that 45 acres may eventually be added back into the plan Mr Carroll , however , has stated that he has no interest in his 90 acres ever again being a part of the development He pointed out the request at this time would be for the first phase of the development ; a reduced version of the master plan without the golf course Capital Homes out of Raleigh , who has built similar projects , would develop the PUD In response to a question from Commissioner Cookie Pope , Mr Jones stated the new development plans still include acreage for a future fire station Commissioner Mims asked for clarification on the recommended special condition # 8 which reads “ certifications ” Mr Smith responded this refers to the requirement that all conditions on the subdivision plat for the residential areas are met , including utilities Commissioner Jeffrey P Carver asked about the land that is no longer included in the PUD and suggested these property owners might want a housing development Mr Smith stated those properties will remain zoned PUD until the property owners come back to the County and request rezoning ; however they can not develop as a PUD unless they have 100 acres The County approved 450 units of sewer , which must be requested prior to the end of January 2005 Chairman James H Langdon , Jr noted the plan was originally approved for sewer allocation based on the development being of exceptional value to the community There were a great many misgivings at the time , and only after a plan was agreed upon was the sewer allocation made He questioned whether the new plan has the same exceptional value Mr Jones pointed out the new plan provides the same amount of open space There will be a pool on the I - 40 side , and instead of a for - profit golf course , there will be soccer fields and basketball courts that will be free to the citizens Commissioner Mims again voiced concern about the 450 units of sewer allocation that were originally approved for the PUD and asked how much would be left for the remaining property owners when these 266 dwellings are built He suggested that Mr Carroll , who has 90 acres , would not have a proportionate amount left if he should decide to develop his land He questioned whether the allocation should be according to acreage or by the number of houses Mr Jones suggested the 450 units of sewer will probably never be used entirely Robert Dupree , 1308 Cleveland Road , voiced concern about the additional traffic this project will generate There being no further comments , the Chairman closed the Special Use Hearing for Case 614 Decision on Special Use Case 614 Case 614 Application to modify an existing Special Use Permit for properties located on Cleveland Road SR 1010 The modification is part of the Village at Cleveland Springs Planned Unit Development Tax ID 06F05013 , 06H06003A , 06D01003 , 06D01003E Applicant Southwind Surveying Failed Motion Based on Findings of Fact , Commissioner Thomas M Moore moved the Board approve the modification for Case 614 , an existing Special Use Permit for properties located on Cleveland Road SR 1010 , formerly part of the Village at Cleveland Springs Planned Unit Development , with the recommended special conditions attached The motion failed for lack of a second Discussion Commissioner Wade M Stewart noted he did not vote for the sewer allocation originally because , in his opinion , the project did not add exceptional value , and it is not located in either a municipal transition zone MTZ or and Interstate Highway Overlay District IHOD He stated he does not see how the County can continue to add rooftops when there are not enough schools Having ascertained from Mr Smith that the development does meet the requirements of the County’s ordinance , Commissioner Thomas M Moore stated , in his opinion , it is not right to turn the developer down They have done everything the County has told them to do The project has landowners who want it done , people who are financially able to do it , a credible developer , and competent builders Page1808 October 11 , 2004 Continued Chairman Langdon suggested as a Board , the Commissioners should tell the people involved what they want to see happen , then it will be up to the developers to see if they can make the project work Commissioner Mims stated he liked the amenities , however , in his opinion , the density is not fair to Mr Carroll If he decides to develop his 90 acres , he would only get one unit per acre He stated the master plan keeps changing and he is not comfortable with it the way it is at this time Commissioner Stewart agreed that allocation based on acreage is fair , but pointed out the original 277 acre project never happened If someone now wants to develop the 104 acres , then perhaps it should be first come , first served Mr Jones asked if the Board would like to have a signed statement from Mr Carroll stating he does not want to be a part of the development He noted the property owners who wish to develop were present and would like a decision at this meeting Commissioner Mims stated he would like to hear from Mr Carroll that he has no interest in the PUD development , and wishes to be rezoned AR He pointed out the way it is now , this request would modify a special use permit that affects Mr Carroll’s property Mr Jones stated he tried to get Mr Carroll to be a part of the PUD Mr Carroll told him he is not interested and does not even understand why he agreed to it in the first place Mr Jones pointed out again that if the sewer allocation is not requested by January , it is no longer available , and furthermore , Mr Carroll does not have the required 100 acres for a PUD He suggested , however , that the developers would consider a reduced allocation , leaving open the option of the Alford Taylor tract Attorney Mark Payne noted the Board could add a condition to the permit requiring a statement from Mr Carroll that he does not wish to be a part of the PUD If Mr Carroll were to change his mind later , he would have to come back to the Board for another modification , and if the sewer allocation goes away in January , any request after that date would have to be an entirely new petition Glen Hartman with Capital Homes stated he too approached Mr Carroll about joining the project , and Mr Carroll stated he was promised the world twice , and twice the project fell through He is no longer interested and is content to leave his land as it is Mr Hartman also approached Mr Taylor and feels there is a good possibility that he will come back as a part of the project now that he sees the parties involved do intend to build it this time Eddy Davis with the Planning Department pointed out that based on the Public Utilities ’ estimate of 360 gallons per day for residential use , the 266 dwellings , would use 95,560 gallons per day , which would be considerable less than the 200,000 gallons per day that was allocated Mr Jones noted that 60 of the units are multi - unit housing that would use considerably less than the 360 gpd Commissioner Mims asked Mr Jones and the representatives of Capital Homes if they had a problem with the amenities being built in accordance with Special Condition # 4 or any other recommended conditions No one had any problem with the conditions as proposed Jan Parker , one of the property owners involved , thanked the Board for their concerns and agreed the County must take care of the people and the land She noted the group of landowners that have stayed together in this endeavor have had many opportunities to do something different with their land since Mr Hines dropped the project , but they have stayed together , have interviewed Capital Homes , and feel comfortable that the project will finally move forward New Motion Based on the following findings of fact , Commissioner W Ray Woodall moved the Board approve the modification for Case 614 , an existing Special Use Permit for properties located on Cleveland Road SR 1010 , formerly part of the Village at Cleveland Springs Planned Unit Development , with the recommended special conditions attached , and an additional condition that Mr Jones provide a signed statement from Mr Joe Carroll that he does not wish to be a part of this development Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes Commissioners James H Langdon , Jr , Cookie Pope , Thomas M Moore , Allen L Mims , Jr , Jeffrey P Carver and W Ray Woodall Nays Wade M Stewart Not Voting NonePage2809 October 11 , 2004 Continued Findings of fact 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 provides residential development that will be accessible to businesses and thoroughfares that provide efficient travel throughout Johnston County Special Conditions 1 Finals plats for the residential developments shall be submitted for review and approval by staff 2 All recreational and commercial developments shall submit a detailed site plan for review and approval by staff 3 Commercial sites located on a subdivision street shall be access via the subdivision street and not Cleveland Road SR 1010 4 Recreational Amenities shall be development along with residential development Recreational amenities facilities as presented on the master plan can be divided into four major components athletic fields courts , go karts , batting cages , and putt , putt each representing 25 of the recreational amenities development , therefore as 25 of the residential development is built out , then 25 of the recreational amenities development shall be built Permits for residential buildings will be held until the recreational amenities develops accordingly 5 Soccer field and basketball court be provided before any townhomes and residential development south of 1010 can be undertaken 6 Maximum of 5 driveway permits on 1010 7 Eliminate the go - kart suggestion as an option 8 Certifications 9 Note adjacent property owners 10 Entrance sign and street signs 11 Street name approval 12 Show lot sizes on final plat 13 Provide a parking area for the open space 14 Complete improvements or provide performance guarantee 15 Cul de sac lots must have 40 of road frontage 16 All residential lots and units must access internal street 17 Final plats must be signed by all current property owners 18 Provide stubout to the Stanton tract at proposed lot 54 so as not to create any offset with the street serving proposed lots 63 - 66 ; this is for future direct connection between the Taylor tract and Stanton tract 19 Master Plan approval by the Board of County Commissioners is required prior to final plat approval 20 A driveway permit and subdivision design approval must be obtained prior to construction 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 21 It will be determined at the time the driveway permit application is submitted , if any road improvements will be required 22 The owner developer shall install a three - lane section throughout the project limits in accordance with the current NCDOT Standard Specifications for Roads and Structures and Policy on Street and Driveway Access to North Carolina Highways 23 Approval of water & sewer system 24 Soil Erosion and Sedimentation Control Plan required Stormwater Compliance 25 Developer to provide a signed statement from Mr Joe Carroll that he does not wish to be a part of this PUD development 5 Public Hearing Scheduled Eddy Davis briefly outlined the proposed amendments to Chapter 14 of the County Code concerning when traffic impact analysis might be required Page3810 October 11 , 2004 Continued Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by th unanimous vote , the Board scheduled a public hearing on November 8 on the proposed amendments to the County Code of Ordinances , Chapter 14 , Land Development concerning traffic impact analysis requirements The hearing will be held following the regularly scheduled rezoning and special use permit hearings 6 Closed Session - NCGS 143 - 31811 a 6 - Personnel Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board recessed regular session to sit in closed session under NCGS 143 - 318 ll A 6 - personnel Upon a motion by Commissioner Cookie Pope seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board adjourned closed session and regular session was resumed 7 Board Reports and Comments - There were no reports or comments There being no further business , Commissioner Thomas M Moore moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote __________________________________________ James H Langdon , Jr , Chairman ______________________________________ Joyce H Ennis , Clerk to the Board ________________________________________ April N Byrd , Assistant to the ClerkPage