August 9, 2004 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 753 Meeting of the Johnston County Board of Commissioners August 9 , 2004 The Johnston County Board of Commissioners met in regular session Monday , August 9 , 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 and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Comments Charlie Parrish , 650 Sanders Road , Benson , commended the Board on the great job they have done with handling the growth in Johnston County He brought to their attention a hazardous road condition near West Johnston High School where there is a dangerous shoulder drop off on the northeast side of Raleigh Road , near the intersection of Raleigh and Sanders Roads He showed pictures of the hazard to the Board and noted that according to his measurements , the drop off is approximately 7 to 8 inches deep , 14 inches wide and 60 feet long Due to its close proximity to the school , and the number of recent traffic fatalities in the County , he stated , in his opinion , this should be addressed as soon as possible by the NC Department of Transportation He pointed out the speed limit on the road is 55 mph , and even an experienced driver who dropped off this shoulder at that speed would be in serious trouble He stated he is sending a letter to NCDOT and asked the Board for their support in this request Board members thanked Mr Parrish for his comments , and County Manager Rick Hester offered his assistance 2 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In the Smithfield Herald - July 27 , August 3 , 2004 Certified letters were mailed to adjoining property owners on July 29 , 2004 and notices posted at the locations on July 28 , 2004 The Chairman opened the Rezoning Public Hearing for Case 04 - 24 Case 04 - 24 Petition to rezone approximately 1756 acres on Devil’s Racetrack Road SR 1009 in Ingrams Township from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD , Tax ID 08J15003 Owner Robert R Massengill Applicant Andrew Hodge This request is an addition to an already existing I2 - SUD zoned area Planning Director Steven Finn identified the property on the GIS map and noted this request is to rezone approximately 1756 acres from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD Andrew Hodge , representing Dennis Blackmon Surveying , 1023 - C W Market Street , Smithfield , explained that the adjacent property was previously permitted for a sand pit mining operation , however , the permit expired and the additional property needs to be rezoned to meet new buffer requirements Adjoining landowner Bobby Lee , 2387 Thompson Road , Four Oaks , who appeared before the Board in March when Mr Massengill petitioned for rezoning of an adjacent property , again voiced his concerns over retaining an access easement to his adjoining property ReferenceMinutes of March 8 , 2004 - bk 23 , p 612 He stated that he understands that because of the length of time he has used this path to access his land , he does have a prescriptive easement to the property , but would prefer to have something more permanent Mr Lee noted that when part of this land was originally permitted , he was to get a written assurance that he would have access to his property Reference Minutes of April 6 , 1992 - bk 19 , p 215 If the current path is changed , it may be located in an unsuitable area He requested a guarantee , in writing , of full access to his property Page754 August 9 , 2004 Continued County Attorney , Mark Payne , explained that any conditions the Board placed on the special use permit , would only be valid for the life of the permit He noted that the proposed plat , which would be recorded with the Register of Deeds office , states that an access path across the rezoned 2494 acre parcel now owned by Robert Massengill “ will remain open , but location may vary from time to time within boundary of said rezoned 2494 acre parcel ” Commissioner Allen L Mims , Jr asked what type of uses would the access easement allow Mr Payne responded that it could be assumed that the access would be adequate for sand mining since that is the intended use of the property Property owner , Robert Massengill , clarified that the intentions were not to move the path much , but they would like to straighten it , because the trucks would have a difficult time maneuvering around some of the current twists and turns He added that over the years the path has probably been moved approximately 20 feet , maybe 3 feet or so every year In response to a question from Commissioner Jeffrey P Carver concerning who would maintain the path , owner , Robert Massengill indicated that while the sand mining and pit was operating , he would have no problem maintaining the easement ; however , once the digging is over , in his opinion , Mr Lee should be responsible for the maintenance Commissioner Wade M Stewart stated that certain parameters need to be defined , not only for the current property owners but future generations As it stands now , the shift of the path could be anywhere in the rezoned area Mr Lee noted he is fine with where the path is now , and would have no problem if it needs to be shifted some , but would like to see it stay in the same general area , and would like for a survey to be done and specifics put in writing before the company starts to dig Following further discussion , Mr Payne suggested the wording on the plat that would be recorded could stipulate that “ an adequate access path be maintained on the property sufficient for all landowners to enjoy the same quality of access they currently have ” More discussion ensued concerning how far the path could be moved from its current location and both parties agreed on it not being moved any more than 60 feet from the centerline of its current location Chairman Langdon pointed out this is the rezoning hearing , and any decision on a special use permit will need to be discussed at the special use hearing to follow The Chairman recessed the Rezoning Public Hearing for Case 04 - 24 Decision on Rezoning Case 04 - 24 Case 04 - 24 Petition to rezone approximately 1756 acres on Devil’s Racetrack Road SR 1009 in Ingrams Township from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD , Tax ID 08J15003 Owner Robert R Massengill Applicant Andrew Hodge This request is an addition to an already existing I2 - SUD zoned area Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the rezoning for case 04 - 24 of approximately 1756 acres on Devil’s Racetrack Road SR 1009 in Ingrams Township from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD for owner , Robert R Massengill and applicant , Andrew Hodge The Chairman opened the Special Use Public Hearing for Case 04 - 24 Case 04 - 24 Application to allow for the construction and operation of a sand pit mine Owner R Ransom Massengill The Special Use Permit Application applies to 2634 acres Applicant Andrew Hodge Those wishing to speak on special use case 04 - 24 were sworn in by the Clerk to the Board Planning Director Steven Finn noted that this is a companion special use request to allow for thePage755 August 9 , 2004 Continued construction and operation of a sand pit mine He added that the permit request covers 2634 acres which will include some adjacent land that was previously rezoned Industrial 2 - Special Use District He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 24 on April 15 , 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 • 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 April 20 , 2004 and June 15 , 2004 , the Johnston County Planning Board held public hearings regarding Rezoning Special Use Permit Case 04 - 24 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 construction and operation of a sandpit mine 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 valuable employment opportunities Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Meet and follow all requirements established by Land Development Code , including but not exclusive of CD 14 66 - Mining Operations There being no further comments , the Chairman recessed the Special Use Public Hearing for Case 04 - 24 Decision on Special Use Case 04 - 24 Case 04 - 24 Application to allow for the construction and operation of a sand pit mine Owner R Ransom Massengill The Special Use Permit Application applies to 2634 acres Applicant Andrew Hodge Motion Based on the following findings of fact , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to allow for the construction and operation of a sand pit mine for applicant , Andrew Hodge and owner , R Ransom Massengill , with the recommended and added conditions attached Commissioner Cookie Pope 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 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 orPage756 August 9 , 2004 Continued 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 valuable employment opportunities Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Meet and follow all requirements established by Land Development Code , including but not exclusive of CD 14 66 - Mining Operations 3 All landowners shall enjoy the same quality of access in the future as the easement provides now , and when the mine ceases to operate , the owner must leave the access in as good a condition as it is at this time 4 The access road cannot be moved more than 60 feet from the centerline of its current location Vote Following brief discussion , the motion carried by unanimous vote The Chairman re - opened the Rezoning Public Hearing for Case 04 - 30 Case 04 - 30 Petition to rezone approximately 12 acres of a 70 acre parcel of land located at the intersection of NC Highway 42 and NC Highway 50 in Cleveland Township from Mobile Home Park District MHPD to General Business - Special Use District GB - SUD Tax ID 06D02001E Owner Elizabeth Barber Applicant Kahn Development , Todd Walter Planning Director Steven Finn identified the property on the GIS map and noted this is a request to rezone 12 acres of a 70 acre parcel at the intersection of NC Highway 42 and NC Highway 50 from Mobile Home Park District MHPD to General Business - Special Use District GB - SUD He stated that the surrounding zoning is primarily agricultural - residential and mobile home park district , but there are some commercial zonings near the intersection Attorney Lew Starling , representing Kahn Development out of South Carolina , explained that his client wishes to develop Middle Creek Shopping Center , which will house a grocery store , a restaurant , and retail and office space He asked Richard Collier with McKim and Creed Engineering who is working on the project to provide additional information Mr Collier stated that the proposed development will be at the southwest corner of NC Highways 42 and 50 He added that they have met with the county utilities department to discuss the development’s water and sewer needs , and their traffic engineer is awaiting the results of a traffic impact analysis Kahn Development has agreed to provide a landscaping buffer of 2 times a class c buffer on the southern property line that borders residential areas , which was more than had been recommended In response to a question from Commissioner Cookie Pope concerning traffic turn lanes , Mr Collier responded that NC DOT has not yet indicated what their requirements will be They are in the process of reviewing the site plan David Bannister of D & S Properties , 2117 Hwy 70 East , Garner , stated that he owns the property behind the proposed development He voiced support for the proposal , but did encourage the Board to require the two times class c buffer He also stated he has some reservations about the second road off Hwy 50 as it is so close to the entrance to his property , and right behind a row of houses ; however , he would not question this if staff and the Board feel it is not a problem Mr Finn noted the Planning Board recommended approval of the rezoning There being no further comments , the Chairman recessed the Rezoning Public Hearing for Case 04 - 30 Decision on Rezoning Case 04 - 30 Case 04 - 30 Petition to rezone approximately 12 acres of a 70 acre parcel of land located at the intersection of NC Highway 42 and NC Highway 50 in Cleveland Township from MobilePagePage pageNumber5757 August 9 , 2004 Continued Home Park District MHPD to General Business - Special Use District GB - SUD Tax ID 06D02001E Owner Elizabeth Barber Applicant Kahn Development , Todd Walter Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board approved the rezoning for case 04 - 30 of approximately 12 acres of a 70 acre parcel at the intersection of NC Highways 42 and 50 in Cleveland Township from Mobile Home Park District MHPD to General Business - Special Use District GB - SUD for owner , Elizabeth Barber and applicant , Kahn Development , Todd Walter The Chairman re - opened the Special Use Public Hearing for Case 04 - 30 Case 04 - 30 Application to allow for the construction and operation of a commercial shopping center Owner Elizabeth Barber Applicant Kahn Development , Todd Walter Those wishing to speak on special use case 04 - 30 were sworn in by the Clerk to the Board Planning Director Steven Finn stated this is a companion special use request to allow for the construction and operation of a commercial shopping center He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 30 on May 12 , 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 • 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 June 15 , 2004 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 30 and made the following recommendations The Planning Board recommended approval with a vote of 8 - 0 for the Special Use Permit Application allow for the construction and operation of a commercial shopping center 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 valuable services to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Submission of a unified sign plan for review and approval by Planning and Zoning Staff 3 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 4 Installation of a 15 x Class C buffer along all zoning parcel property lines , as shown on site plan In response to a question from Commissioner Allen L Mims , Jr , Mr Collier stated that the distance between the driveways on Highway 50 is 300 feet , which is the minimum that NCDOT requires Commissioner Cookie Pope pointed out that the Planning Board recommended a buffer requirement of 15 times a class c buffer ; however , the applicant is willing to increase that to 2 times a class c buffer PagePage pageNumber6758 August 9 , 2004 Continued The Chairman recessed the Special Use Public Hearing for Case 04 - 30 Decision on Special Use Case 04 - 30 Case 04 - 30 Application to allow for the construction and operation of a commercial shopping center Owner Elizabeth Barber Applicant Kahn Development , Todd Walter Motion Based on the following findings of fact , with recommended conditions and changing condition 4 to require a 2 times Class C buffer , W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for case 04 - 30 to allow for the construction and operation of a commercial shopping center for owner , Elizabeth Barber and applicant , Kahn Development , Todd Walter Commissioner Cookie Pope seconded the motion Discussion Commissioner Allen L Mims , Jr stated that he would like to see a fifth condition added to require turning lanes for the safety of the traveling public He noted that even if for some reason DOT does not require them , they will eventually have to be put in as the traffic is only going to get heavier , and then it will be a matter of having to go into the landscaped area to get the required right of way Mr Collier noted that Kahn Development is willing to do whatever is required by DOT , and abide by any conditions the Board might put on the permit , but asked Commissioner Mims which driveways he was referring to Discussion ensued concerning where turn lanes should be required , and Commissioner Mims indicated , in his opinion , all entrances should have left and right turn lanes It was noted that trucks will most likely use the entrance on Hwy 42 , but Commissioner Mims pointed out that trucks hold up traffic longer than cars do Motion to Amend Previous Motion Following further discussion , Commissioner Allen L Mims , Jr , moved the Board amend the previous stated motion , to add the following condition 5 Left and right turning lanes to be added to all entrances of the development Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote and thereby became a part of the original motion Vote to Approve Special Use Permit for Case 04 - 30 The Board approved the Special Use Permit by unanimous vote , based on the following findings of fact , with conditions attached 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 valuable services to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Submission of a unified sign plan for review and approval by Planning and Zoning Staff 3 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 4 Installation of a 2 x Class C buffer along all zoning parcel property lines , as shown on site planPagePage pageNumber7759 August 9 , 2004 Continued 5 Left and right turning lanes be added to all entrances of the development The Chairman re - opened the Rezoning Public Hearing for Case 04 - 31 Case 04 - 31 Petition to rezone 1218 acres located at the Intersection of NC Highway 42 and Cornwallis Road SR 1525 in Cleveland Township from General Business GB to General Business - Special Use District GB - SUD Tax ID 05F02021J , 05E99016M Owners Jesse and Lynda Austin , Jiles and Kimberly Harrell Petitioner Kahn Development , Todd Walter Planning Director Steven Finn identified the property on the GIS map and noted this request is to rezone approximately 1218 acres at the Intersection of NC 42 and Cornwallis Road in Cleveland Township from general business to general business special use district It is located near the Austin Pond Subdivision , close to several properties that have been rezoned commercial recently Lew Starling , attorney representing Kahn Development , explained that his client has gone above and beyond to meet the concerns of nearby residents He added that this proposed shopping center is a much larger project than the previous request in case 04 - 30 , but will have a similar layout , including a grocery store , restaurants and other retail spaces Richard Collier , McKim and Creed Engineering , stated the land to be developed is located at the NE corner of NC Highway 42 and Cornwallis Road A proposed cluster of restaurants would be adjacent to the eastern property line , which is next to Austin Pond Subdivision His client , Kahn Development , has made several modifications to the plan based on the concerns that were voiced at the Planning Board meeting They have agreed to increase the buffer from 15 to 2 times a class c buffer along the property lines that border residential development , and have moved the buffer on the northern side across the service road to provide a better screen for the residential area Here again , they will increase the buffer to 2 times a class c buffer He stated for clarification that this means they will plant twice the number of plants in the same width In addition , one of the planned entrances on NC 42 has been deleted , and other modifications have been made to make sure that the development will meet all the requirements and regulations In response to questions from Commissioner Allen L Mims , Jr , Mr Collier responded that the lighting will be directed down and away from Austin Pond Subdivision Commissioner Mims also questioned the hours that the dumpsters could be emptied Todd Walker with Kahn , stated the tenants would be the ones contracting with the trash collection company , but he agreed to make sure they understand about having the dumpsters emptied only during the hours of 7 00 am to 8 00 pm Maria Lusk , 144 St Jiles Drive , Clayton , stated that her property will back up to where the proposed grocery store would be She added that Kahn Development had been very cooperative in meeting the concerns of the Austin Pond neighborhood , but requested the Board consider specifying a traffic pattern because of the danger of people speeding through the subdivision Commissioner Allen L Mims , Jr , asked if there is anything the County can do to help prevent speeding through the subdivision Mr Finn responded that some of the options are speed bumps through their homeowners association , a portable speed radar sign , or even some law enforcement presence He added that staff encourages developers to design curvilinear streets to help slow speeding County Manager Rick Hester offered to contact NCDOT to see what options they would recommend Mr Finn stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing for Case 04 - 31 PagePage pageNumber8760 August 9 , 2004 Continued Decision on Rezoning Case 04 - 31 Case 04 - 31 Petition to rezone 1218 acres located at the Intersection of NC Highway 42 and Cornwallis Road SR 1525 in Cleveland Township from General Business GB to General Business - Special Use District GB - SUD Tax ID 05F02021J , 05E99016M Owners Jesse and Lynda Austin , Jiles and Kimberly Harrell Petitioner Kahn Development , Todd Walter Based upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore , and carried by unanimous vote , the Board approved the rezoning for case 04 - 31 of approximately 1218 acres at the intersection of NC Higway 42 and Cornwallis Road in Cleveland Township from General Business GB to General Business - Special Use District GB - SUD for owners , Jesse and Lynda Austin , Jiles and Kimberly Harrell and petitioner , Kahn Development , Todd Walter The Chairman re - opened the Special Use Public Hearing for Case 04 - 31 Case 04 - 31 Application to allow for the construction and operation of a commercial shopping center Owners Jesse and Lynda Austin , Jiles and Kimberly Harrell Petitioner Kahn Development , Todd Walter Those wishing to speak on Special Use Case 04 - 31 were sworn in by the Clerk to the Board Planning Director , Steven Finn stated this is a companion special use request to allow for the construction and operation of a commercial shopping center He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 31 on May 12 , 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 • 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 June 15 , 2004 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 31 and made the following recommendations The Planning Board recommended approval with a vote of 8 - 0 for the Special Use Permit Application allow for the construction and operation of a commercial shopping center 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 provided valuable services to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Submission of a unified sign plan for review and approval by Planning and Zoning Staff 3 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 4 Installation of a 15 x Class C buffer along parcel property lines , and a 2 x double Class C bufferPagePage pageNumber9761 August 9 , 2004 Continued along the eastern parcel property lines , and the buffer be placed along the outside north side of the service road , separating the service road from the residence properties 5 All access to the outparcels be internal ; no driveways to the outparcels on either Cornwallis or NC 42 Number of driveways limited to two on NC 42 , one in and one out ; and on Cornwallis Rd one driveway and the service road 6 Outparcel site plan return to the Planning Board for approval 7 Height of buildings be corrected from 20 feet to 40 feet maximum 8 Lighting be engineered so as to be directed away from any residences Property owner Jesse Austin offered photographs showing that a five acre , 300 foot long border of pine trees and other vegetation currently exists between the proposed shopping center and the Austin Pond Subdivision There being no further comments , the Chairman closed the Special Use Public Hearing for Case 04 - 31 Decision on Special Use Case 04 - 31 Case 04 - 31 Application to allow for the construction and operation of a commercial shopping center Owners Jesse and Lynda Austin , Jiles and Kimberly Harrell Petitioner Kahn Development , Todd Walter Based on the following findings of fact , Commissioner Allen L Mims , Jr moved that the Board authorize the Planning Department to issue a special use permit to petitioner , Kahn Development to allow for the construction and operation of a commercial shopping center , with the recommended conditions attached , and two additional conditions requiring right and left turning lanes at all entrances to the development , and a stipulation restricting the emptying of trash dumpsters to between the hours of 7 00 am and 8 00 pm Commissioner W Ray Woodall 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 provided valuable services to the area Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Submission of a unified sign plan for review and approval by Planning and Zoning Staff 3 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares 4 Installation of a 15 x Class C buffer along parcel property lines , and a 2 x double Class C buffer along the eastern parcel property lines , and the buffer be placed along the outside north side of the service road , separating the service road from the residence properties 5 All access to the outparcels be internal ; no driveways to the outparcels on either Cornwallis or NC 42 Number of driveways limited to two on NC 42 , one in and one out ; and on Cornwallis Rd one driveway and the service road 6 Outparcel site plan return to the Planning Board for approval 7 Height of buildings be corrected from 20 feet to 40 feet maximum 8 Lighting be engineered so as to be directed away from any residences 9 Left and right turning lanes be added to all entrances of the development 10 Trash dumpsters may be emptied only during the hours of 7 00 am and 8 00 pm The Chairman re - opened the Rezoning Public Hearing for Case 04 - 33 Case 04 - 33 Petition to rezone approximately 1106 acres located on Cleveland School Road SR 1010 Page0762 August 9 , 2004 Continued from Agricultural - Residential AR to Community Business CB Tax ID 06F04013M Owner National City Mortgage Petitioner Son - Lan Development Planning Director Steven Finn identified the property on the GIS map and noted this request is to rezone approximately 1106 acres on Cleveland School Road from Agricultural - Residential AR to Community Business CB He added that there have recently been several commercial rezonings in this area In response to a question from County Manager , Rick Hester , Mr Finn explained that this property is adjacent to the house that was sold as a part of the Old Cleveland School property Mr Finn stated the Planning Board recommended approval The Chairman closed the Rezoning Public Hearing for Case 04 - 33 Decision on Rezoning Case 04 - 33 Case 04 - 33 Petition to rezone approximately 1106 acres located on Cleveland School Road SR 1010 from Agricultural - Residential AR to Community Business CB Tax ID 06F04013M Owner National City Mortgage Petitioner Son - Lan Development Commissioner Cookie Pope moved the Board approve the rezoning of approximately 1106 acres on Cleveland School Road from Agricultural - Residential AR to Community Business CB for owner , National City Mortgage and petitioner , Son - Lan Development Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote Board Reports and Comments 3 Wastewater Workshop Scheduled The Board scheduled a workshop session to discuss the county’s residential wastewater capacity for Wednesday , September 15 , 2004 at 6 00 pm in the Commissioner’s Meeting Room There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote _________________________________________ James H Langdon , Jr , Chairman _____________________________ Della H Knight , Deputy Clerk ______________________________________ Joyce H Ennis , Clerk to the BoardPage