July 7, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 390 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS July 7 , 2003 7 00 PM The Johnston County Board of Commissioners met in regular session Monday , July 7 , 2003 , 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 , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments - No one spoke at this time 1 Public Hearing - Rezoning Cases & Special Use Permit Request Advertised - In the Smithfield Herald - June 24 , 2003 and July 1 , 2003 Certified letters were mailed to adjoining property owners on June 26 , 2003 and notices posted at the locations on June 18 , 2003 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the following rezoning and special use cases Case 03 - 15 POSTPONED Petition to rezone approximately 1105 acres located on County Line Road SR 1623 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District , Petitioner Owner Roland Thomas Terry Chairman Langdon reported that prior to the meeting , the petitioner , Roland Thomas Terry requested that Case 03 - 15 be postponed for 30 days Case 03 - 16 Petition to rezone approximately 75 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to Industrial I - Special Use District , Tax ID 06D01002K Petitioner Owner Douglas V Kath Steven Finn , Planning Director , indicated the property on the GIS Map and noted it is located on Cleveland Road near the Interstate 40 42 Overlay District Surrounding zoning is agricultural residential , PUD and Interstate Overlay District Petitioner Douglas V Kath of 13382 Cleveland Road , Garner , stated the property is a portion of land that has been in his family since the 1800 s and has over the years been divided up for family members He currently lives on a five acre tract , which includes the smaller parcel that is requested for rezoning Surrounding neighbors are either immediate or extended family He noted that for the last two years he has been making safety rails for construction sites He provides rails for a number of large contractors who are required by OSHA to install them when framing a building to ensure that safety standards are met Mr Kath pointed out when he started this business , he was unaware that he needed to be rezoned since he also continues to farm the land some He turned his garage into a storage area for the business , and when he erected a new sign , the County’s Zoning Enforcement Officer , Phyllis Hicks , informed him that he was out of compliance with County zoning Mr Finn stated the Planning Board recommended approval of the rezoning by unanimous vote The Chairman recessed the Rezoning Public Hearing - Case 03 - 16 Decision on Rezoning Case 03 - 16 Case 03 - 16 Petition to rezone approximately 75 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to Industrial I - Special Use District , Tax ID Page391 July 7 , 2003 7 00 pm Meeting Continued 06D01002K Petitioner Owner Douglas V Kath Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 03 - 16 for petitioner owner , Douglas V Kath of approximately 75 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential to Industrial I - Special Use District , Tax ID 06D01002K The Chairman opened the Special Use Permit Hearing for Case 03 - 16 Case 03 - 16 Special Use Permit Application to operate an office business for contracting residential safety rails and erosion fences , storage of rails , posts , silt fencing , and caution fence on approximately 75 acres located on Cleveland Road SR 1010 in Cleveland Township Applicant Douglas V Kath Those wishing to speak on this case were sworn in by the Clerk to Board Mr Finn entered the following summary of evidence on Case 03 - 16 into the record and noted the Planning Board recommended approval with five conditions attached A pre - application consultation was held with the applicant for Case 03 - 16 on April 14 , 2003 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 May 20 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 16 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 to the Special Use Permit to operate an office business for contracting residential safety rails and erosion fences , storage of rails , posts , silt fencing , and caution fence Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; 6 The use will provide the Johnston County development community with a much needed safety service ; 7 That the use will not impact neighboring properties to any degree that would negatively affect the health , safety , and general welfare of the public ; and 8 This specific business provides services that are required by OSHA to ensure safety standards are met on construction sites Special Conditions 1 Days and hours of operation to be Monday through Saturday 7 00 am to 7 00 pm 2 Access easement to the property increased from 30 feet to 50 feet 3 Signage must meet setback requirements Page392 July 7 , 2003 7 00 pm Meeting Continued 4 Existing vegetation not be removed and be used in place of the Class B buffer as stated by the requirements of the Industrial 1 requirements of the Johnston County Development Code 5 Fencing for outside storage shall comply with the Industrial 1 requirements of the Johnston County Development Code The Chairman recessed the Special Use Permit Hearing - Case 03 - 16 Decision on Application for Special Use Permit - Case 03 - 16 Case 03 - 16 Special Use Permit Application to operate an office business for contracting residential safety rails and erosion fences , storage of rails , posts , silt fencing , and caution fence on approximately 75 acres located on Cleveland Road SR 1010 in Cleveland Township Applicant Douglas V Kath Based on the following findings of facts and conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to applicant , Douglas V Kath to operate an office business for contracting residential safety rails and erosion fences , storage of rails , posts , silt fencing , and caution fence on approximately 75 acres located on Cleveland Road SR 1010 in Cleveland Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; 6 The use will provide the Johnston County development community with a much needed safety service ; 7 That the use will not impact neighboring properties to any degree that would negatively affect the health , safety , and general welfare of the public ; and 8 This specific business provides services that are required by OSHA to ensure safety standards are met on construction sites Special Conditions 1 Days and hours of operation to be Monday through Saturday 7 00 am to 7 00 pm 2 Access easement to the property increased from 30 feet to 50 feet 3 Signage must meet setback requirements 4 Existing vegetation not be removed and be used in place of the Class B buffer as stated by the requirements of the Industrial 1 requirements of the Johnston County Development Code 5 Fencing for outside storage shall comply with the Industrial 1 requirements of the Johnston County Development Code The Chairman re - opened the Rezoning Public Hearing - Case 03 - 17 Case 03 - 17 Petition to rezone approximately one acre located on Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District , Petitioner Tracie Carnell Boykin Owners Billy and Linda Carnell Mr Finn indicated the property on the GIS Map and noted it is located on Cornwallis Road north of the Winston Road intersection There are a number of subdivisions in the area The surrounding zoning is predominately agricultural residential Tracy Carnell Boykin , petitioner , 7104 Cornwallis Road , Garner , who lives on the adjoining property , stated she plans to rent a house from her parents for the daycare The State will limit her to no more than 12Page393 July 7 , 2003 7 00 pm Meeting Continued children at a time She asked the Board to approve the rezoning Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman recessed the Rezoning Public Hearing - Case 03 - 17 Decision on Rezoning Case 03 - 17 Case 03 - 17 Petition to rezone approximately one acre located on Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District , Tax ID 05F02025F Petitioner Tracie Carnell Boykin Owners Billy and Linda Carnell Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 03 - 17 for petitioner , Tracie Carnell Boykin and owners , Billy and Linda Carnell of approximately one acre located on Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District , Tax ID 05F02025F The Chairman re - opened the Special Use Permit Hearing - Case 03 - 17 Case 03 - 17 Special Use Permit Application to operate a day care overseeing up to twelve children , residence on approximately one acre located on Cornwallis Road SR 1525 in Cleveland Township Applicant Tracie Carnell Boykin Those wishing to speak on this case were sworn in by Clerk to the Board Mr Finn entered into the record the following summary of evidence on Case 03 - 17 A pre - application consultation was held with the applicant for Case 03 - 17 on April 15 , 2003 At that time , the applicant was informed of the following lt; If approved , applicant must provide to the Planning Office a Site Plan for their review and approval lt; 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 lt; Applicant will be notified in writing of the Board’s decision lt; 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 lt; 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 lt; 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 lt; 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 20 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 17 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 to the Special Use Permit to operate a day care overseeing up to twelve children , residence Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston CountyPagePage pageNumber5394 July 7 , 2003 7 00 pm Meeting Continued Development Code ; and 6 That the proposed use will benefit the growing residential population in area surrounding the property Special Conditions 1 Days and hours of operation are Monday through Saturday 7 00 am to 6 00 pm 2 Signage no larger than three square feet , no taller than three feet and must meet prescribed setbacks as stated in the Johnston County Land Development Code The Chairman recessed the Special Use Permit Hearing on Case 03 - 17 Decision on Application for Special Use Permit - Case 03 - 17 Case 03 - 17 Special Use Permit Application to operate a day care overseeing up to twelve children , residence on approximately one acre located on Cornwallis Road SR 1525 in Cleveland Township Applicant Tracie Carnell Boykin Based on the following findings of fact and special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to applicant , Tracie Carnell Boykin to operate a day care overseeing up to twelve children in a residence on approximately one acre located on Cornwallis Road SR 1525 in Cleveland Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 That the proposed use will benefit the growing residential population in area surrounding the property Special Conditions 1 Days and hours of operation are Monday through Saturday 7 00 am to 6 00 pm 2 Signage no larger than three square feet , no taller than three feet and must meet prescribed setbacks as stated in the Johnston County Land Development Code The Chairman re - opened the Rezoning Public Hearing - Case 03 - 18 Case 03 - 18 Petition to rezone approximately 2026 acres located on Swift Creek Road SR 1501 in Smithfield Township from Agricultural Residential to Agricultural Residential - Special Use District , Tax ID 17J08023A Petitioner Owner Rosemary White Note This case was actually heard later in the meeting due to the petitioner , Rosemary White , being detained by traffic Mr Finn indicated the property on the GIS Map and noted it is located on Swift Creek Road near Strickland Road The surrounding zoning is agricultural residential Rosemary White , petitioner owner , of 1610 Swift Creek Road , Smithfield , stated she wishes to provide affordable and quality child care that concentrates on educating children anytime that school is not in session She noted this is not a typical daycare , it helps working parents in providing assistance with their children’s homework after school and exposes them to as much education as possible Mr Finn noted the Planning Board recommended approval by unanimous vote PagePage pageNumber6395 July 7 , 2003 7 00 pm Meeting Continued The Chairman recessed the Rezoning Public Hearing - Case 03 - 18 Decision on Rezoning Case 03 - 18 Case 03 - 18 Petition to rezone approximately 2026 acres located on Swift Creek Road SR 1501 in Smithfield Township from Agricultural Residential to Agricultural Residential - Special Use District , Tax ID 17J08023A Petitioner Owner Rosemary White Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 03 - 18 for petitioner owner , Rosemary White of approximately 2026 acres located on Swift Creek Road SR 1501 in Smithfield Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman re - opened the Special Use Permit Hearing - Case 03 - 18 Case 03 - 18 Special Use Permit Application to operate a before and after school child care , tutoring , summer camp , residence , on approximately 2026 acres located on Swift Creek Road SR 1501 in Smithfield Township Applicant Rosemary White Those wishing to speak on Case 03 - 18 were sworn in by the Clerk to Board Mr Finn entered into the record the following summary of evidence on this case A pre - application consultation was held with the applicant for Case 03 - 18 on April 18 , 2003 At that time , the applicant was informed of the following lt; If approved , applicant must provide to the Planning Office a Site Plan for their review and approval lt; 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 lt; Applicant will be notified in writing of the Board’s decision lt; 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 lt; 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 lt; 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 lt; 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 20 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 18 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 to the Special Use Permit to operate a before and after school child care , tutoring , summer camp , residence Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 A child care , tutoring , and summer camp will provide a service to the community , meeting a growing need as new subdivisions are being built in this vicinity Special Conditions 1 Days and hours of operation be limited to Monday through Saturday 6 00 am to 7 00 pm PagePage pageNumber7396 July 7 , 2003 7 00 pm Meeting Continued 2 Existing buffers of leyland cypress be maintained and replaced if any die out 3 Appropriate signage allowed consistent with a Home Occupation , no larger than 3 square feet , 30 feet off right of way 4 Cap on the number of kids at any given time is 24 with two employees Commissioner Cookie Pope complimented the applicant for her endeavor The Chairman recessed the Special Use Permit Hearing on Case 03 - 18 Decision on Application for Special Use Permit - Case 03 - 18 Case 03 - 18 Special Use Permit Application to operate a before and after school child care , tutoring , summer camp , residence , on approximately 2026 acres located on Swift Creek Road SR 1501 in Smithfield Township Applicant Rosemary White Based on the following findings of facts , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit to applicant , Rosemary White to operate a before and after school child care , tutoring , summer camp , residence , on approximately 2026 acres located on Swift Creek Road SR 1501 in Smithfield Township , with the attached conditions Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 A child care , tutoring , and summer camp will provide a service to the community , meeting a growing need as new subdivisions are being built in this vicinity Special Conditions 1 Days and hours of operation be limited to Monday through Saturday 6 00 am to 7 00 pm 2 Existing buffers of leyland cypress be maintained and replaced if any die out 3 Appropriate signage allowed consistent with a Home Occupation , no larger than 3 square feet , 30 feet off right of way 4 Cap on the number of kids at any given time is 24 with two employees The Chairman re - opened the Rezoning Public Hearing - Case 03 - 19 Case 03 - 19 Petition to rezone approximately 93 acres located on Buffalo Road SR 1003 in Selma Township from Agricultural Residential to Industrial II - Special Use District , Tax ID 14054042A Petitioner Owner Kenly Savings Bank , Incorporated Mr Finn indicated the property on the GIS Map and noted the property is located on Buffalo Road near the Selma Planning Jurisdiction John Metz , representing the petitioner owner , Kenly Savings Bank , stated this piece of property was acquired by the bank through foreclosure He noted the previous owner had a used appliance center on the property , and now the Bank has a client who wishes to open an interior exterior home shutter manufacturing and distribution business PagePage pageNumber8397 July 7 , 2003 7 00 pm Meeting Continued Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman recessed the Rezoning Public Hearing - 03 - 19 Decision on Rezoning Case 03 - 19 Case 03 - 19 Petition to rezone approximately 93 acres located on Buffalo Road SR 1003 in Selma Township from Agricultural Residential to Industrial II - Special Use District , Tax ID 14054042A Petitioner Owner Kenly Savings Bank , Incorporated Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 03 - 19 for petitioner owner , Kenly Savings Bank , Incorporated of approximately 93 acres located on Buffalo Road SR 1003 in Selma Township from Agricultural Residential to Industrial II - Special Use District The Chairman re - opened the Special Use Permit Hearing - Case 03 - 19 Case 03 - 19 Special Use Permit Application to operate an interior exterior home shutter manufacturing and distribution on approximately 93 acres located on Buffalo Road SR 1003 in Selma Township Applicant Kenly Savings Bank , Incorporated Those wishing to speak on Case 03 - 19 were sworn in by the Clerk to Board Mr Finn entered the following summary of evidence on Case 03 - 19 into the record A pre - application consultation was held with the applicant for Case 03 - 19 on April 10 , 2003 At that time , the applicant was informed of the following lt; If approved , applicant must provide to the Planning Office a Site Plan for their review and approval lt; 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 lt; Applicant will be notified in writing of the Board’s decision lt; 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 lt; 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 lt; 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 lt; 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 20 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 19 and made the following recommendations The Planning Board recommended approval with a vote of 7 - 0 to the Special Use Permit to operate an interior exterior home shutter manufacturing and distribution Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; 6 The use will bring a valuable service to both the residential and development community ; andPagePage pageNumber9398 July 7 , 2003 7 00 pm Meeting Continued 7 The use will serve a unique market in regards to the aesthetic appearance of homes in Johnston County Special Conditions 1 Operating hours and days will be 6 00 am to 6 00 pm , Monday through Friday 2 No outside storage of tools , paint , coatings , and any related equipment as well as no materials related to the process 3 Removal of all nonconforming uses with Johnston County Development Code to include , but not limited to signs 4 Site plan meeting all requirements of the Johnston County Land Development Code , including but not limited to ; landscaping , buffering , parking , circulation , shall be approved by the Planning and Zoning Department staff prior to issuance of a Special Use Permit The Chairman closed the Special Use Permit Hearing on Case 03 - 19 Decision on Application for Special Use Permit - Case 03 - 19 Case 03 - 19 Special Use Permit Application to operate an interior exterior home shutter manufacturing and distribution on approximately 93 acres located on Buffalo Road SR 1003 in Selma Township Applicant Kenly Savings Bank , Incorporated Based on the following findings of fact and with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant , Kenly Savings Bank , Incorporated to operate an interior exterior home shutter manufacturing and distribution on approximately 93 acres located on Buffalo Road SR 1003 in Selma Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Finding of Facts 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; 6 The use will bring a valuable service to both the residential and development community ; and 7 The use will serve a unique market in regards to the aesthetic appearance of homes in Johnston County Special Conditions 1 Operating hours and days will be 6 00 am to 6 00 pm , Monday through Friday 2 No outside storage of tools , paint , coatings , and any related equipment as well as no materials related to the process 3 Removal of all nonconforming uses with Johnston County Development Code to include , but not limited to signs 4 Site plan meeting all requirements of the Johnston County Land Development Code , including but not limited to ; landscaping , buffering , parking , circulation , shall be approved by the Planning and Zoning Department staff prior to issuance of a Special Use Permit The Chairman re - opened the Rezoning Public Hearing - Case 03 - 25 Case 03 - 25 Petition to rezone approximately 1483 acres located on Amelia Church Road SR 1552 and NC Highway 42 in Clayton Township from Agricultural Residential and Community Business to General Business , Tax ID 05G03007 Petitioner W Dale Aiken Owners W Dale Aiken , Susan Canady and Marie Hargis Mr Finn indicated the property on the GIS Map and noted it is located at the intersection of AmeliaPage0399 July 7 , 2003 7 00 pm Meeting Continued Church Road and NC Highway 42 , adjacent to the Clayton Planning Jurisdiction The surrounding zoning is predominately agricultural residential W Dale Aiken , petitioner , of 1866 NC 42 West , Clayton , stated he is part owner of this property , which has been in his family since 1940 He noted there have been numerous requests to develop the property and he has talked with representatives of Kroger and Harris Teeter who have an interest in developing this as a strip mall The owners wish to rezone so they can move forward with developing as a commercial property Commissioner Allen L Mims , Jr , who sits on the Clayton Planning Board , stated this was an excellent location for a business , and something he feels the Town of Clayton would support Mr Finn noted the Planning Board recommended approval by unanimous vote The Chairman closed the Rezoning Public Hearing - Case 03 - 25 Decision on Rezoning Case 03 - 25 Case 03 - 25 Petition to rezone approximately 1483 acres located on Amelia Church Road SR 1552 and NC Highway 42 in Clayton Township from Agricultural Residential and Community Business to General Business , Tax ID 05G03007 Petitioner W Dale Aiken Owners W Dale Aiken , Susan Canady and Marie Hargis Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 03 - 25 for petitioner , W Dale Aiken and owners , W Dale Aiken , Susan Canady and Margie Hargis of approximately 1483 acres located on Amelia Church Road SR 1552 and NC Highway 42 in Clayton Township from Agricultural Residential and Community Business to General Business 2 Public Hearing - Amendment to County Code of Ordinances - Section 14 - 226 7 Advertised 6 20 , 6 27 in The Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed amendment to the County Code , Chapter 14 Land Development ; Section 14 - 226 7 concerning the standards for subdivision roads Mr Finn noted that approximately 900 subdivision streets in the County have never been added to the NCDOT Maintenance System This means that school buses will not go on the streets , and when there is damage , the property owners are responsible for repairs DOT will take over and maintain any street road that is built to their standards ; the problem , however , is that in some cases , for whatever reason , the developer never petitions the State to accept certain streets for maintenance This two part amendment would set some standards to assure that subdivision streets are turned over to the State program First , the amendment would require a developer to petition the State for a street to be added to the Maintenance System once the subdivision has at least four occupied homes and an average of two occupied homes per tenth of a mile Second , a street must be taken over by the State by the time 75 of the lots along the street are permitted Board members discussed the language of the proposed amendment , and it was noted the first requirement would get the developer to begin the process early in the development The 75 threshold would keep the development from being completed until the streets were turned over to the State The Planning Department would withhold land use permits when these requirements are not met , and each street in the development would be treated individually Following further discussion , the Chairman closed the public hearing 3 Amendment to Land Use Ordinance Adopted Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved the following amendment to the Johnston County Code of Ordinances Page1400 July 7 , 2003 7 00 pm Meeting Continued Chapter 14 - Section 14 - 226 7 Subdivision road standards a Once a subdivision has a minimum of four 4 occupied homes and an average of two occupied homes per tenth of a mile , no more Land Use Permits will be issued for lots on that street until the developer or related agent petitions the North Carolina Department of Transportation for maintenance and acceptance of the subject street into the state maintained road network b Land Use Permits will be issued until 75 of the lots along a subject road have been permitted Once this threshold has been met , no more Land Use Permits will be issued for lots on that street until the North Carolina Department of Transportation District Engineer has accepted the subject road into the state maintained road network 4 Call for Public Hearing - Amendments to County Code of Ordinances - Sections 14 - 176 ; 14 - 231 3 ; 14 - 6 and 14 - 75 b 9 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board scheduled a public hearing for Monday evening , August 11 , 2003 on the proposed amendments to the County Code of Ordinances - Sections 14 - 176 ; 14 - 231 3 ; 14 - 6 and 14 - 75 b 9 Section 14 - 176 - Expiration of preliminary plat approval Section 14 - 231 3 - Final Plat Certification - Exception of Minor Subdivisions for Public Utilities Section 14 - 6 - Definitions and 14 - 75 b 9 - Agritourism as permitted AR use Board Reports and Comments Commissioner Allen L Mims , Jr complimented the Planning Board for the great job they do in reviewing these matters and making recommendations to the Commissioners Chairman Langdon agreed and noted they look at and refine issues before they come to the Board , which makes the Commissioners job easier There being no further business , Commissioner Jeffrey P Carver made the motion to adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote __________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage