July 12, 2004 - 7;00 PM - County Board of Commissioners Meeting Minutes

10 726 Meeting of the Johnston County Board of Commissioners July 12 , 2004 The Johnston County Board of Commissioners met in regular session Monday , July 12 , 2004 , at 7 00 pm in the Commissioners ’ Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Vice Chairman , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Absent James H Langdon , Jr , Chairman and Thomas M Moore Also Present Joyce H Ennis , Clerk to the Board , Della H Knight , Deputy Clerk and J Mark Payne , County Attorney Due to the absence of the Chairman , Vice - Chairman Cookie Pope called the meeting to order and the following business was transacted 1 Public Comments - No one spoke at this time 2 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In the Smithfield Herald - June 29 , July 6 , 2004 Certified letters were mailed to adjoining property owners on July 1 , 2004 and notices posted at the locations on June 28 , 2004 The Vice - Chairman opened the Rezoning Public Hearing for Case 04 - 17 Case 04 - 17 Petition to rezone approximately three acres located at 7616 Elevation Road SR1308 , in Elevation Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD Tax ID 07D06009O Petitioners Owners Jason Hiser and Carol Hiser Planning Director Steven Finn identified the property on the GIS map and noted this request is to rezone approximately three acres on Elevation Road from Agricultural - Residential AR to General Business - Special Use District GB - SUD He explained that the surrounding zoning is predominately Agricultural - Residential AR with some commercial zoning in the vicinity He stated that the applicant was present There being no further comments , the Vice - Chairman recessed the Rezoning Public Hearing for Case 04 - 17 Decision on Rezoning Case 04 - 17 Case 04 - 17 Petition to rezone approximately three acres located at 7616 Elevation Road SR1308 , in Elevation Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD Tax ID 07D06009O Petitioners Owners Jason Hiser and Carol Hiser Commissioner Wade M Stewart moved the Board approve the rezoning for case 04 - 17 of approximately three acres on Elevation Road from Agricultural - Residential AR to General Business - Special Use District GB - SUD for owners , Jason and Carol Hiser Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Vice - Chairman opened the Special Use Public Hearing for Case 04 - 17 Case 04 - 17 Application to allow for the construction and operation of a automotive repair facility , with no storage of salvaged vehicles Applicant Jason Hiser Those wishing to speak on Special Use Case 04 - 17 were sworn in by the Clerk to the Board Mr Finn explained that this is a companion special use request to allow for the construction and operation of an automobile and repair facility , with no storage of salvaged vehicles A pre - application consultation was held with the applicant for Case 04 - 17 on March 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 Page727 July 12 , 2004 Continued • 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 May 18 , 2004 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 17 and made the following recommendations The Planning Board recommended approval with a vote of 8 - 0 for the Special Use Permit Application allowing for the construction and operation of an automotive repair facility , with no storage of salvaged vehicles 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 of 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 will be a valuable service to the surrounding community Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Signage located at the entrance to the site , and as prescribed in the Johnston County Land Development Code pertaining to the General Business zoning district 3 Buffering all existing vegetation and fencing shall be maintained 4 Operating Hours Monday through Saturday , 6 00 am to 6 00 pm 5 Obtain all required permits from Johnston County Building Inspections , Johnston County Environmental Health , and NC Department of Transportation The Vice - Chairman recessed the Special Use Public Hearing for Case 04 - 17 Decision on Special Use Case 04 - 17 Case 04 - 17 Application to allow for the construction and operation of a automotive repair facility , with no storage of salvaged vehicles Applicant Jason Hiser Based upon the following findings of fact , with conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to allow for the construction and operation of an automotive repair facility , with no storage of salvaged vehicles for applicant , Jason Hiser Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of 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 will be a valuable service to the surrounding community Page728 July 12 , 2004 Continued Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Signage located at the entrance to the site , and as prescribed in the Johnston County Land Development Code pertaining to the General Business zoning district 3 Buffering all existing vegetation and fencing shall be maintained 4 Operating Hours Monday through Saturday , 6 00 am to 6 00 pm 5 Obtain all required permits from Johnston County Building Inspections , Johnston County Environmental Health , and NC Department of Transportation The Vice - Chairman reopened the Rezoning Public Hearing for Case 04 - 23 Case 04 - 23 Petition to rezone 872 acres of a 23566 acre parcel of land located near the intersection of Lake Wendell Road SR 1716 and Wendell Road SR 1701 , in Wilders Township , from Agricultural - Residential AR to Industrial - 1 Special Use District I1 - SUD Tax ID 16K02040L Owner Petitioner William Odell Edwards Mr Finn identified the property on the GIS map and noted this request is to rezone 872 acres of a 23566 acres parcel of land from Agricultural - Residential AR to Industrial 1 - Special Use District I1 - SUD He stated the predominate zoning in the area is Agricultural - Residential AR Carolyn Young , 1920 Lake Wendell Road , Wendell , referenced a packet she sent to the Board representing opposition from members of the community She stated that when preparing the packet , the community tried to look at all possibilities if Morgan Trucking was allowed to relocate She noted that the packet included information on Morgan Trucking , zoning violations from Wake County , appraisal cards for the property , accident summary for the intersection of Lake Wendell Road and Wendell Road as well as other information She further stated that Morgan Trucking has been an established business in Wake County for more than a decade In her opinion , the move will not bring jobs to Johnston County , nor bring revenue as the trucks are registered elsewhere Bill Vaughn , 17059 Buffalo Road , Wendell , stated that he lives approximately two miles from the property In his opinion , there is already a tremendous amount of traffic on Buffalo Road and the 10 to 12 trucks that Morgan Trucking Company would add would not make a difference to the traffic situation He stated that this type of growth is preferable to additional subdivisions , because it will not cost the county Property owner William Odell Edwards , 100 Salem Church Road , Wendell , explained that initially Morgan asked for less land , but because of a majority of the land being unusable , the acreage had to be increased He stated that the land to be used is clear , and is surrounded by a thick buffer The only area that would be visible from any road is the driveway access onto Lake Wendell Road Mr Edwards noted that he felt the land would allow sufficient space for parking , turning vehicles around , and a repair shop There would be no storage at this facility ; trucks would enter and leave empty Mr Edwards explained that he had met with Tax Administrator Pat Goddard concerning the change in tax value on the land He stated that there would be a 2700 percent increase in the tax value if rezoned , not including the value of the building that would be constructed for the repair shop He added that last year Morgan Trucking Company paid approximately 5000 to Wake County for taxes on the trucks , which would come to Johnston County , if the business was allowed to relocate He noted there are only three houses anywhere near the property In response to a question from Commissioner Allen L Mims , Jr concerning the benefits to Johnston County , Mr Edwards stated in time the business could offer some employment Sherill Young , 1920 Lake Wendell Road , Wendell , questioned why the business would want to move from Wake County to Johnston County , when the tax rate is higher in Johnston County and the travel distance to places they currently conduct business would be longer Commissioner Wade M Stewart clarified that the Board’s responsibility is to decide if the land is suitable for the request , not if this is a good business decision Dale Millar , 1230 Wall Road , Wendell , stated that she owns property that borders Lake Wendell Road She voiced her concerns about the how the company’s water filtration system would affect the area’s water supply A majority of this community relies on well water , and she questioned what safeguards would be in place for pollutant runoff She also noted that there are two properties in the area that are industrial , however , they are not being utilized as industrial uses at this time Page729 July 12 , 2004 Continued Clint Newsome , 17 Winesap Lane , Wendell , stated that he works for Morgan Trucking He clarified that after being notified by Wake County that they were out of compliance , the company immediately applied for a land use permit Jack Hartle , 101 Westlake Drive , Wendell , voiced his concern about the safety of the children in Westlake Subdivision He explained that there is a bus stop at the entrance of the subdivision There are blind hills in both directions from the subdivision When a bus is stopped at the subdivision to pick up children , the road is not wide enough for two trucks to pass and , in his opinion , there is not enough time for the trucks to stop since the curves are approximately 150 feet from the bus stop Mary Lynn Morgan , owner of Morgan Trucking , stated that the business was contacted by Wake County to relocate because the land they are currently using is needed for the new Hwy 64 bypass In response to some stated concerns , she explained that the company’s intentions were to place the entrance on Wendell Road , instead of Lake Wendell Road She further noted that they have recently upgraded equipment , so they would be paying close to 9,000 in taxes to Johnston County for equipment and vehicles She added that their intention was to build a facility that would compliment the community Commissioner Allen L Mims , Jr questioned how Morgan Trucking would benefit the community Ms Morgan responded that she felt her company would add to the community through tax revenue and possible jobs in the future She currently has 17 employees and could use three more She indicated that she had already been contacted by an individual about working for her company once they moved Mr Newsome added that , Morgan Trucking was currently working on the Knightdale Bypass , and as growth continues , more work will be done in Johnston County In response to a question from Commissioner Mims , Mr Finn stated that other than a few county ordinances , there were not an abundance of regulations to help prevent or control water runoff Mr Finn stated the Planning Board recommended approval The Vice - Chairman recessed the Rezoning Public Hearing for Case 04 - 23 Decision on Rezoning Case 04 - 23 Case 04 - 23 Petition to rezone 872 acres of a 23566 acre parcel of land located near the intersection of Lake Wendell Road SR 1716 and Wendell Road SR 1701 , in Wilders Township , from Agricultural - Residential AR to Industrial - 1 Special Use District I1 - SUD Tax ID 16K02040L Owner Petitioner William Odell Edwards Commissioner Jeffrey P Carver voiced his appreciation for Ms Morgan , as a small business owner , and Mr Edwards as a landowner trying to find a use for his property , but expressed his concern over this business not fitting the needs of the county Motion Commissioner Jeffrey P Carved moved the Board deny the rezoning for case 04 - 23 of 872 acres near the intersection of Lake Wendell Road and Wendell Road in Wilders Township from Agricultural Residential AR to Industrial 1 - Special Use District I1 - SUD for owner , William Odell Edwards Commissioner Allen L Mims , Jr seconded the motion Discussion Commissioner Mims stated that , in his opinion , this request was not in an area fit for an industrial site He noted that the two industrial properties near the site were grandfathered in and no longer carry industrial uses , and this request would not meet the needs of the community Commissioner Wade M Stewart added that , personally , he felt that a trucking business should be located on a major thoroughfare , not a two lane road Vote The motion carried by unanimous vote The Vice - Chairman re - opened the Rezoning Public Hearing for Case 04 - 25 Case 04 - 25 Petition to rezone approximately 93 acres located on Buffalo Road SR 1003 , in Selma Township , from Industrial 2 - Special Use District I2 - SUD to Agricultural - Residential AR Tax ID 14054042A Owner Petitioners KS Bank c o Ted Godwin PagePage pageNumber5730 July 12 , 2004 Continued Mr Finn idenitified the property on the GIS map and noted this request is to rezone 93 acres on Buffalo Road in Selma Township from Industrial 2 - Special Use District I2 - SUD to Agricultural - Residential AR He stated the predominate zoning in the area is Agricultural - Residential AR Ted Godwin , representative of KS Bank , explained that this property was previously foreclosed on by his bank Approximately one year ago , the bank requested rezoning to Industrial 2 - Special Use District I2 - SUD because of a potential sale with a shutter manufacturer The sale fell through and now another potential buyer , a church , needs the property rezoned back to Agricultural - Residential AR Mr Finn stated the Planning Board recommended approval The Vice - Chairman recessed the Rezoning Public Hearing for Case 04 - 25 Decision on Rezoning Case 04 - 25 Case 04 - 25 Petition to rezone approximately 93 acres located on Buffalo Road SR 1003 , in Selma Township , from Industrial 2 - Special Use District I2 - SUD to Agricultural - Residential AR Tax ID 14054042A Owner Petitioners KS Bank c o Ted Godwin Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the rezoning of Case 04 - 25 of approximately 93 acre on Buffalo Road in Selma Township from Industrial 2 - Special Use District I2 - SUD to Agricultural - Residential AR for owners , KS Bank c o Ted Godwin The Vice - Chairman re - opened the Rezoning Public Hearing for Case 04 - 26 Case 04 - 26 Petition to rezone 03 acres located on King Road SR 1944 , in ONeals Township , from Agricultural - Residential AR to Agricultural - Residential Special Use District AR - SUD Tax ID 11M06013H Owner Petitioner Johnston County c o Tim Broome Mr Finn identified the property on the GIS map and noted this request is to rezone 03 acre on King Road , in O’Neals Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD He added that King Road Subdivision is near this property Rick Hester , County Manager , explained that this request is for a booster pump station , which is a vital part of our water system Mr Finn stated the Planning Board recommended approval The Vice - Chairman recessed the Rezoning Public Hearing for Case 04 - 26 Decision on Rezoning Case 04 - 26 Case 04 - 26 Petition to rezone 03 acres located on King Road SR 1944 , in ONeals Township , from Agricultural - Residential AR to Agricultural - Residential Special Use District AR - SUD Tax ID 11M06013H Owner Petitioner Johnston County c o Tim Broome Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved the rezoning of case 04 - 26 for approximately 3 acre on King Road in O’Neals Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD for owner , Johnston County c o Tim Broome The Vice - Chairman re - opened the Special Use Public Hearing for Case 04 - 26 Case 04 - 26 Application to allow for the construction and operation of a water booster pump station Applicant Johnston County c o Tim Broome Those wishing to speak on special use case 04 - 26 were sworn in by the Clerk to the Board Mr Finn stated that this is a companion special use request to allow for the construction and operation of a water booster pump station He entered the following summary of evidence into the record PagePage pageNumber6731 July 12 , 2004 Continued A pre - application consultation was held with the applicant for Case 04 - 26 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 May 18 , 2004 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 26 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 child daycare center The Planning Board recommended the following 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 of 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 will be a valuable service to the surrounding residential community Special Conditions 1 Approval of a detailed site plan as submitted 2 Signage Less than 14 square feet , free standing or wall sign 3 Buffering As shown on site plan The Vice - Chairman recessed the Special Use Public Hearing for Case 04 - 26 Decision on Special Use Case 04 - 26 Case 04 - 26 Application to allow for the construction and operation of a water booster pump station Applicant Johnston County c o Tim Broome Based on the following findings of fact , with conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for case 04 - 26 to allow for the construction and operation of a water booster pump station for applicant Johnston County c o Tim Broome Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of 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 will be a valuable service to the surrounding residential community PagePage pageNumber7732 July 12 , 2004 Continued Special Conditions 1 Approval of a detailed site plan as submitted 2 Signage Less than 14 square feet , free standing or wall sign 3 Buffering As shown on site plan The Vice - Chairman re - opened the Rezoning Public Hearing for Case 04 - 27 Case 04 - 27 Petition to rezone approximately 48 acres located on Ridge Road SR 1312 , Pleasant Grove Township , from Agricultural - Residential AR to Industrial - 2 Special Use District I2 - SUD Tax ID 13C04029 Owner Applicant Merial Select , Inc c o Don Godwin Mr Finn identified the property on the GIS map and noted this request is to rezone approximately 48 acres on Ridge Road in Pleasant Grove Township from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD He stated that the predominate zoning in the area is Agricultural - Residential AR Don Godwin , site manager for Merial Select , explained that the current site is a grandfathered business and requires rezoning to allow for the planned expansion In response to a question from Commissioner Jeffrey P Carver , Mr Godwin explained that the company currently has twelve employees , and hopes to hire more employees in the future Mr Finn stated the Planning Board recommended approval The Vice - Chairman recessed the Rezoning Public Hearing for Case 04 - 27 Decision on Rezoning Case 04 - 27 Case 04 - 27 Petition to rezone approximately 48 acres located on Ridge Road SR 1312 , Pleasant Grove Township , from Agricultural - Residential AR to Industrial - 2 Special Use District I2 - SUD Tax ID 13C04029 Owner Applicant Merial Select , Inc c o Don Godwin 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 of case 04 - 27 for approximately 48 acres on Ridge Road in Pleasant Grove Township from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD for owner , Merial Select c o Don Godwin The Vice - Chairman re - opened the Special Use Public Hearing for Case 04 - 27 Case 04 - 27 Application to allow for the operation and expansion of a poultry pharmaceutical processing facility Applicant Merial Select c o Don Godwin Those wishing to speak on special use case 04 - 27 were sworn in by the Clerk to the Board Mr Finn stated that this is a companion special use request to allow for the operation and expansion of a poultry pharmaceutical processing facility He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 27 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 thePagePage pageNumber8733 July 12 , 2004 Continued requirements of the North Carolina General Statutes On April 20 , 2004 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 27 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 and expansion of a poultry pharmaceutical processing facility The Planning Board recommended the following 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 of 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 will be a valuable service to the surrounding residential community Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Operating Hours Monday through Saturday 4 30 am to 6 00 pm 3 Buffer Installation of a 15 x Class C Buffer 5 large trees , 9 small trees , 24 shrubs , per 100 linear feet in staggered formation along Bethel Baptist Church property line Existing vegetation must remain to serve as natural buffer 4 Signage one ground sign at each entrance In response to a question from Commissioner Allen L Mims , Jr , Mr Godwin noted that he had no problems with any of the recommended special conditions The Vice - Chairman recessed the Special Use Public Hearing for Case 04 - 27 Decision on Special Use Case 04 - 27 Case 04 - 27 Application to allow for the operation and expansion of a poultry pharmaceutical processing facility Applicant Merial Select c o Don Godwin Based upon the following findings of fact , with conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to allow for the operation and expansion of a poultry pharmaceutical processing facility for applicant Merial Select c o Don Godwin Commissioner Allen L Mims , Jr , 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 of 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 will be a valuable service to the surrounding residential community Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Operating Hours Monday through Saturday 4 30 am to 6 00 pm 3 Buffer Installation of a 15 x Class C Buffer 5 large trees , 9 small trees , 24 shrubs , per 100 linear feet in staggered formation along Bethel Baptist Church property line Existing vegetation must remain to serve as natural buffer 4 Signage one ground sign at each entrance The Vice - Chairman re - opened the Rezoning Public Hearing for Case 04 - 29 PagePage pageNumber9734 July 12 , 2004 Continued Case 04 - 29 Petition to rezone approximately one acre located at 1251 Sanders Road SR 1517 , in Pleasant Grove Township , from Agricultural - Residential AR to Community Business - Special Use District CB - SUD Tax ID 13E04020 Owners William and Della Stephenson Petitioners Phil and Kim Stephenson Mr Finn identified the property on the GIS map and noted this request is to rezone approximately one acre on Sanders Road in Pleasant Grove Township from Agricultural - Residential AR to Community Business - Special Use District CB - SUD He stated the surrounding zoning is predominately Agricultural - Residential AR He added that the Planning Board recommended approval There being no further comments , the Vice - Chairman closed the Public Hearing for Case 04 - 29 Decision on Rezoning Case 04 - 29 Case 04 - 29 Petition to rezone approximately one acre located at 1251 Sanders Road SR 1517 , in Pleasant Grove Township , from Agricultural - Residential AR to Community Business - Special Use District CB - SUD Tax ID 13E04020 Owners William and Della Stephenson Petitioners Phil and Kim Stephenson Motion Commissioner W Ray Woodall moved the Board approve the rezoning of case 04 - 29 for approximately one acre on Sanders Road in Pleasant Grove Township from Agricultural - Residential AR to Community Business - Special Use District CB - SUD for owners , William and Della Stephenson and petitioners , Phil and Kim Stephenson Commissioner Wade M Stewart seconded the motion Discussion In response to comments from Commissioner Jeffrey P Carver , Planner Jeremy Smith affirmed that since the child care was going to be provided for less than four hours a day , a child care license was not required He added that summer camps do not qualify as child care according to state regulations Vote The motion carried by unanimous vote The Vice - Chairman re - opened the Special Use Public Hearing for Case 04 - 29 Case 04 - 29 Application to allow for the construction and expansion an existing child care facility Petitioners Phil and Kim Stephenson Those wishing to speak on special use case 04 - 29 were sworn in by the Clerk to the Board Mr Finn stated that this is a companion special use request to allow for the construction and expansion of an existing child care facility He entered the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 29 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 May 18 , 2004 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 29 and made the following recommendations Page0735 July 12 , 2004 Continued The Planning Board recommended approval with a vote of 8 - 0 for the Special Use Permit Application to allow for the construction and expansion of an existing child care facility The Planning Board recommended the following 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 of 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 continue to add a valuable service to the community Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Operating Hours Monday through Saturday 6 00 am to 6 30 pm 3 Buffer Installation of a Class A Buffer 4 Signage one free standing sign , or one monument sign , or one ground sign 5 Proof of liability insurance submitted to the Planning and Zoning Department Board members discussed the importance of the applicant being present , in case they have questions concerning the use of the property The Vice - Chairman closed the Special Use Public Hearing for Case 04 - 29 Decision on Special Use Case 04 - 29 Case 04 - 29 Application to allow for the construction and expansion an existing child care facility Petitioners Phil and Kim Stephenson Based upon the following findings of fact , with conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to allow for the construction and expansion of an existing child care facility for petitioners , Phil and Kim Stephenson Commissioner Wade M Stewart 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 of 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 continue to add a valuable service to the community Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Staff 2 Operating Hours Monday through Saturday 6 00 am to 6 30 pm 3 Buffer Installation of a Class A Buffer 4 Signage one free standing sign , or one monument sign , or one ground sign 5 Proof of liability insurance submitted to the Planning and Zoning Department 3 Public Hearing - Amendment to County Code of Ordinances Advertised The Smithfield Herald on 06 25 ; 07 02 The Vice - Chairman opened the public hearing and invited anyone who wished to address the Board on amending Section 14 - 75 - Agricultural - Residential Districts , b Permitted Uses and c Special Use Districts , of the Land Development Code Page1736 July 12 , 2004 Continued Planning Director Steven Finn summarized the proposed amendment He stated this would allow booster pump stations as a permitted use under the Agricultural - Residential zoning designation County Manager Rick Hester noted that Public Utilities does a good job making the site as visibly pleasant as possible , and this amendment would make it easier in negotiating with landowners Commissioner Wade M Stewart clarified that this amendment would not be a detriment to the property owner The decision to sign an easement or not would still be up to the landowner Mr Finn agreed and noted this would simply streamline the process The Vice - Chairman recessed the public hearing on amending the County Code of Ordinances Amendment to Land Development Code Adopted Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board adopted the following amendment to the County Code of Ordinances , Chapter 14 , Land Development Code Section 14 - 75 b Permitted Uses ADD 10 Public Utilities water and sewer stations including water , wastewater , and reclaimed water meter vaults above and below ground ; water and reclaimed water booster pump stations ; water and reclaimed water regulatory valve stations ; wastewater pump stations ; chemical feed stations ; and supporting equipment including standby power facilities , electrical equipment , and SCADA equipment including antennas a Approved site plan from Planning and Zoning Director b Such facilities are essential to services of the area c All buildings shall be set back at least 20 feet from all property lines d Shall be landscaped as to blend in with the surrounding community c Special use districts 1 Utilities and Public Works Facilities such as water and wastewater treatment plants ; sludge treatment , handling , and disposal facilities ; ground and elevated water tanks ; power generating plants ; transformer and switching stations ; transmission lines ; pumping stations telephone exchanges ; and solid waste collection and transfer stations The Vice - Chairman re - opened the Public Hearing on amending the County Code of Ordinances - Sections 14 - 75 ; 14 - 76 ; 14 - 78 ; 14 - 79 ; 14 - 80 ; 14 - 81 ; 14 - 82 ; 14 - 104 ; 14 - 106 Mr Finn explained that the current land development code requires a setback of 25 feet for access easements The proposed amendment would reduce the setback to 15 feet , which would provide more flexibility to property owners Commissioner Allen L Mims , Jr , noted that a few years ago , the distance was changed from 10 to 25 feet because of the perception that 10 feet was not a sufficient setback requirement He stated he had no problem with the 25 feet regulation , but would not oppose the change The Vice - Chairman closed the Public Hearing on amending the County Code of Ordinances Amendment to Land Development Code Adopted Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the following amendment to the County Code of Ordinances , Land Development Code Page2737 July 12 , 2004 Continued Section 14 - 75 d 1 e From any access easement , 25 feet 15 feet Section 14 - 75 d 2 e From any access easement , 25 feet 15 feet Section 14 - 76 f 5 From any access easement , 25 feet 15 feet Section 14 - 78 d 4 From any access easement , 25 feet 15 feet Section 14 - 79 d 5 From any access easement , 25 feet 15 feet Section 14 - 80 d 5 From any access easement , 25 feet 15 feet Section 14 - 81 d 5 From any access easement , 25 feet 15 feet Section 14 - 82 e 5 From any access easement , 25 feet 15 feet Section 14 - 104 f 1 e From any access easement , 25 feet 15 feet Section 14 - 106 c 2 c 3 The minimum setback from any access easement shall be 25 feet 15 feet 4 Request to Purchase Property - Johnston Memorial Hospital Johnston Memorial Hospital is requesting the County purchase for them a land parcel that is located adjacent to the existing hospital campus at a negotiated cost of 55,000 The property is described as tax parcel # 15010054 and is located at 809 North Street in Smithfield The hospital has agreed to reimburse the County for the total cost associated with the purchase The Hospital plans to demolish the structure on this property , and is also asking permission to demolish the small house on the adjoining property that belongs to the County , and to use both properties for the purpose of enlarging the Hospital’s parking lot Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board agreed to purchase the property , and approved the demolition of both structures and the use of the adjoining County property for the purpose of enlarging the Hospital parking lot , with the understanding the Hospital will reimburse the County the purchase price and will obtain all necessary permits for the demolition of the buildings 5 Board Reports and Comments - None to report There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote __________________________________________ James H Langdon , Jr , Chairman ______________________________________ Joyce H Ennis , Clerk to the Board ____________________________________ Della H Knight , Deputy Clerk to the 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