March 10, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 246 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS March 10 , 2003 The Johnston County Board of Commissioners met in regular session Monday , March 10 , 2003 , at 7 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members 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 1 Deirdre Jersey - Alternate Place Name - Cleveland Deirdre Jersey from the Cleveland Community informed the Board the community will once again begin the process to establish an alternate place name for the postal service A ballot card will be sent to residents giving five options for a new name for the community She noted that once the results are in and a name is chosen , she will be asking the County to write a letter to the postal system in support of the request In response to a question from Commissioner Cookie Pope on what names are being considered , Ms Jersey stated the options are Cleveland Hills , New Cleveland , Cleveland School , Cleveland Fields and Cleveland Grove 2 CASES TABLED FROM THE FEBRUARY 10 , 2003 MEETING The Chairman announced that CASE 612 for owner Larry Michael Langdon and applicant C & L Promotions was postponed prior to the meeting A CASE 605 - Public Hearing Postponed From Last Month The Chairman opened the public hearing and invited anyone who wished to comment on Case 605 Case 605 POSTPONED FROM LAST MONTH Petition to rezone approximately 49 acre located on US 70 Business East in Smithfield Township from Agricultural Residential to Industrial 2 - Special Use District Owners William Cecil Capps and Anthony Capps Applicant Miguel Proa Steven Finn , Planning Director , indicated the property on the GIS Map and noted it is located on US 70 Business East Surrounding zoning is agricultural residential with small commercial properties in the area Jose Alvarez , Hwy 301 , Selma , spoke on behalf of the applicant He stated the Proas are a father and son that are trying to make a decent living in a legitimate business Their business grew and the work load increased to a point where they moved too much out onto the property , such as the tires that have upset the neighbors This was unintentional , and since they have realized that neighbors were upset , they have been making an effort to clean the site ; however , they need more time He noted , in his opinion , there is as much commercial zoning as residential zoning in the area Rose Thompson , who owns the property on the west side of the car lot stated the tires are not the only problem In her opinion , the site has become a junk yard The applicants are changing oil on the property , which could result in contamination of her well water They are also bringing in used gravel and piling up junk , which will most likely attract mosquitos and rats She agreed that everyone has a right to make a living , but she does not want this next to her property Clayvon Wood , 3277 US 70 Business East , who lives across the road from the property , questioned why the owners , Cecil and Tony Capps , are not present if they want the property rezoned He stated that Mr Proa and his son are good neighbors and hard workers and he would like to see them succeed , but in hisPage247 March 10 , 2003 Continued opinion , the 049 acre tract is not large enough for this business He voiced concern about the possible contamination of his well from runoff He noted the area is primarily residential Rose Williams , 25 Thain Place , Smithfield , who has on occasion interpreted for the applicants , stated that Mr Proa recently dictated a letter for her to write Mr Finn in which he indicated he plans to downsize his operation to be just a regular tire and diagnostic shop He will no longer be a full service business Mr Alvarez stated the applicant will not be full service , but will include towing and some automotive work He plans to clean up the area to satisfy the neighbors , but again noted that more time is needed In a response to Commissioner Cookie Pope , Mr Finn stated the case came to the Planning Department as a complaint about the appearance The concern has been with the intense use on a small piece of property The applicants have agreed to scale down their business , but there are still some conflicts Commissioner W Ray Woodall asked how the applicant could meet the setback requirements Mr Finn responded they can’t without purchasing additional land Since they can not meet the ordinance , they would have to get a variance from the Board of Adjustments , which the Planning Board could not recommend He noted that although it is not the fault of the applicant , the site is not suitable for his business When the US 70 business overlay zoning was reconsidered about a year ago , the property owner had the choice of leaving the property zoned commercial or having it revert back to residential agricultural Mr Capps elected to be zoned agricultural residential He stated the Planning Board recommended denial by unanimous vote The Chairman closed the Rezoning Public Hearing for Case 605 DECISION ON REZONING CASE 605 Case 605 Petition to rezone approximately 49 acre located on US 70 Business East in Smithfield Township from Agricultural Residential to Industrial 2 - Special Use District Owners William Cecil Capps and Anthony Capps Applicant Miguel Proa Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board denied rezoning case 605 for owners , William Cecil Capps and Anthony Capps and applicant , Miguel Proa , of approximately 49 acre located on US 70 Business East in Smithfield Township from Agricultural Residential to Industrial 2 - Special Use District B CASE 614 - Hearing Held February on Rezoning Case - Decision Pending Case 614 Petition to rezone eight parcels totaling approximately 27726 acres located on Pierce Road SR 1546 , Cleveland Road SR 1010 , Glen Road SR 1547 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District , PUD - Mixed Use Owners J Fletcher Boone , Brack Penny Road Limited Partnership , W Emmette Simpkins , Alfred T Taylor , Jr , Katie B McNally and Billy G Britt , Ramona B King and Janet B Parker and Sheila B Cox , Jerry S Boone Petitioner Teddy Hines The Chairman asked if the petitioner or his representative had additional information on this case Robert Massengill of Southwind Surveying and Engineering presented a revised plan which would reduce the density of the development and offer more open space , including a golf course on the south side of Hwy 1010 This would reduce the number of housing units to approximately 450 instead of the original 850 , and would reduce the request for sewer allocation to 200,000 gpd The shopp ing center t hat was p lanned on the south side was taken off , and a site was added for a fire department and a possible amusement site In response to a comment from Commissioner W Ray Woodall concerning traffic , Mr Massengill agreed there is a problem during the rush hours , however , it is his understanding there are plans to hopefully alleviate some of this in the near future He noted that NC DOT would require them to add an additional lane for at least 2000 feet , and possibly longer The project should be built out in approximately seven years Deirdre Jersey , 829 Shadow Lakes Drive , Willow Springs , commended Mr Hines on his revised plan and noted the Cleveland business community supports the project She noted the golf course , as well as a possible amusement area would be an asset to the community Page248 March 10 , 2003 Continued Robert Mitchell , 21 Little Farm Circle , Angier , voiced his support for the project He noted there is a joint effort among the property owners and developers to build a community in this area The housetops are needed in order to make the commercial development work Robbie Watson , 204 Lynnfield Lane , Garner , stated the revised plan does look better , but he still has concerns about traffic congestion and more homes in the area He suggested this might be the time to slow down the growth If approved , he asked if the public would have another opportunity to have input on the project Mr Finn responded that before the developers get approval to build the project , they will have to bring a detailed master site plan back before both the Planning Board and the Board of Commissioners for approval Frank Bain , 208 Lynnfield Lane , Garner , and Robert Dupree of Cleveland Road asked what size houses and lots would be in the development They both voiced concern that if the houses are small , the neighborhood would be degraded and other people in the area would lose property value Mr Massengill responded that although the size of houses has not been determined ; the houses will be upscale , especially on the golf course Linwood Jones of Southwind Surveying and Engineering , pointed out the community does not need to worry about inexpensive houses being built when you consider that the lots will sell for approximately 40,000 In addition , the developer’s cost for infrastructure , especially sewer service , will make it necessary to build nice homes He noted you can not put a 80,000 house on a 40,000 lot Mr Finn stated the Planning Board recommended approval subject to the allocation of sewer Commissioner Thomas M Moore asked Mr Hines if he would be willing to pay up - front capacity fees for the sewer allocation On behalf of Mr Hines , Mr Massengill responded that they would be willing to pay up - front by phases Motion to Approve Sewer Allocation Co mmiss ioner Thomas M Moor e moved the Boar d app rove a sewer alloca tion of 20 0,000 gpd for Teddy Hines for his proposed mixed use development in Cleveland Township , and authorize staff to work with Mr Hines concerning assessment fees to be paid up front on each phase of the development Commissioner Allen L Mims , Jr seconded the motion Discussion Commissioner Wade M Stewart questioned the basis for approving this He stated the property is not located in an Interstate Highway Overlay District IHOD or in a Municipal Transition Zone MTZ , and in his opinion , has not proven “ exceptional value ” Commissioner Thomas M Moore noted that traffic is a problem , but counties do not build roads , and the State will not build them until they are needed The motion carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Allen L Mims , Jr and Jeffrey P Carver Nays Wade M Stewart , Cookie Pope and W Ray Woodall Motion to Approve Rezoning Case 614 Commissioner Thomas M Moore moved the Board approve rezoning case 614 for owners , J Fletcher Boone , Brack Penny Road Limited Partnership , W Emmette Simpkins , Alfred T Taylor , Jr , Katie B McNally and Billy G Britt , Ramona B King and Janet B Parker and Sheila B Cox , Jerry S Boone and Petitioner , Teddy Hines of approximately 27726 acres located on Pierce Road SR 1546 , Cleveland Road SR 1010 , Glen Road SR 1547 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District - PUD - Mixed Use Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Allen L Mims , Jr and Jeffrey P Carver Nays Cookie Pope , Wade M Stewart and W Ray WoodallPage249 March 10 , 2003 Continued Special Use Permit Hearing Tabled - Case 614 Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board agreed to postpone the public hearing on Case 614 for a special use permit for Planned Unit Development - Mixed Use for petitioner Teddy Hines until the developer submits a detailed master site plan for approval 3 Public Hearing - Rezoning Cases & Special Use Permit Requests Advertised - In the Smithfield Herald - February 25 , 2003 and March 4 , 2003 Certified letters were mailed to adjoining property owners on February 27 , 2003 and notices posted at the locations on February 26 , 2003 The Chairman Opened the Rezoning Public Hearing - Case 03 - 01 Case 03 - 01 Petition to rezone three parcels totaling approximately 533 acres located on NC 50 North in Elevation Township from General Business - Special Use District to Industrial 1 - Special Use District Owner and Applicant Jackie G Snow Mr Finn indicated the property on the GIS Map and noted it is located on NC 50 Highway North near Elevation Road There are several subdivisions in the area The surrounding zoning is agricultural residential Jackie Snow , of 31 Westridge Drive , Durham , stated she bought the property in 1984 for her contracting business She has since relocated and is renting the facility to Ronnie Roberts who operates a roofing and vinyl siding business at the site In response to questions about the adequacy of the driveway , she contacted Tim Little with the Department of Transportation Mr Little looked at the property and has said the driveway is wide enough to handle the traffic associated with this business She offered to answer any questions the Commissioners might have about this request Fred Norris , 5777 NC 50 North , Benson , who lives next to the property , acknowledged that the driveway is wide enough , but in his opinion , there is a safety concern because of the poor site view and the number of trucks and box - end trailers that go in and out from the property He stated the property is high and a line of trees blocks the view of the driveway for oncoming traffic He pointed out this is a residential area with a number of children He noted there are trucks in and out every day of the week and the hours of operation are , in his opinion , a little extreme The Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing - Case 03 - 01 Decision on Rezoning Case 03 - 01 Case 03 - 01 Petition to rezone three parcels totaling approximately 533 acres located on NC 50 North in Elevation Township from General Business - Special Use District to Industrial 1 - Special Use District Owner and Applicant Jackie G Snow Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 03 - 01 for owner and applicant , Jackie G Snow of three parcels totaling approximately 533 acres located on NC 50 North in Elevation Township from General Business - Special Use District to Industrial 1 - Special Use District The Chairman opened the Special Use Permit Hearing - Case 03 - 01 Case 03 - 01 Special use permit application for a contractors office on three parcels totaling approximately 533 acres located on NC 50 North in Elevation Township Owner and Applicant Jackie G Snow Those wishing to speak on Case 03 - 01 were sworn in by the Clerk to the Board PagePage pageNumber5250 March 10 , 2003 Continued Steven Finn , Planning Director , presented the following summary of evidence on Case # 03 - 01 A pre - application hearing was held with the applicant on October 17 , 2002 At that time the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval 2 Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board 3 Applicant will be notified in writing of the Board’s decision 4 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 5 Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period 6 When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements 7 Subsequent to the pre - application conference , 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 January 21 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 6 - 0 , approval of rezoning to Industrial I - Special Use District , and recommended a special use permit for a contractors office based on findings of facts and subject to the following special conditions Findings of fact 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 25 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , and state and federal regulations ; Specifically the County’s Land Use Permit Process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; and 4 That the use or development conforms with general plans for the physical development of the county’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 There are several commercial uses adjacent to the subject property and nearby along NC Highway 50 6 The property has been used for commercial purposes over the past three year Special Conditions 1 Hours of operation are seven days a week , Sunday - Saturday , from 6 30 am - 9 30 pm 2 Designate parking area on the site plan to park in an orderly fashion with any equipment or materials enclosed in an opaque fence 3 Class C landscaped buffer along the North property line be in place within 45 days of approval date 4 Remove current nonconforming signage within 45 days of approval date The Chairman Recessed the Special Use Permit Hearing - Case 03 - 01 Decision on Special Use Permit - Case 03 - 01 Case 03 - 01 Special use permit application for a contractors office on three parcels totaling approximately 533 acres located on NC 50 North in Elevation Township Owner and Applicant Jackie G Snow Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owner and applicant , Jackie G Snow for a contractors office on three parcels totaling approximately 533 acres located on NC 50 North in Elevation Township based on findings of fact , and subject to the following conditions PagePage pageNumber6251 March 10 , 2003 Continued Findings of fact 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 25 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , and state and federal regulations ; Specifically the County’s Land Use Permit Process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; and 4 That the use or development conforms with general plans for the physical development of the county’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 There are several commercial uses adjacent to the subject property and nearby along NC Hwy 50 6 The property has been used for commercial purposes over the past three year Special Conditions 1 Hours of operation are seven days a week , Sunday - Saturday , from 6 30 am - 9 30 pm 2 Designate parking area on the site plan to park in an orderly fashion with any equipment or materials enclosed in an opaque fence 3 Class C landscaped buffer along the North property line be in place within 45 days of approval date 4 Remove current nonconforming signage within 45 days of approval The Chairman Re - Opened the Rezoning Public Hearing - Case 03 - 4 Case 03 - 4 Petition to rezone approximately 1561 acres located on NC 1010 Cleveland Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Son - Lan , Shipwash LLC Applicant Rex H Todd Mr Finn indicated the property on the GIS Map and noted it is located on NC 1010 , Cleveland Road , across from the existing D R Wells Emporium and next to the Broadmoor Subdivision Surrounding zoning is agricultural residential with some commercial Rex Todd , with Regency Development Associates of Raleigh , stated the plan is to rehabilitate the Old Cleveland Middle School by converting it into apartments for senior citizens , 55 and older There will be 25 units consisting of seventeen 2 - bedroom units and eight units with one bedroom with rents ranging from 395 to 570 per month Mr Todd noted the owners are competing for funding for the project from the North Carolina Housing Financing Authority and will learn in March whether they will be in the final round of applicants being considered Final approval will be announced in August A total of 37 parking spaces are required and would be located behind the building Mr Todd noted there are future plans for a separate project to renovate the auditorium Parking would be an issue , and the developers have talked with Johnston Community College about an agreement whereby the 75 parking spaces next door for the college’s skills training center could be designated for event parking He noted they are looking at a possible shared access agreement County Manager , Rick Hester , noted the County currently has an agreement with Cleveland Athletic Association and the YMCA concerning the use of the property and parking He noted access should not be a problem and feels this can be worked out Mr Finn stated the Planning Board recommended approval by unanimous vote PagePage pageNumber7252 March 10 , 2003 Continued The Chairman Recessed the Rezoning Public Hearing - Case 03 - 04 Decision on Rezoning Case 03 - 04 Case 03 - 4 Petition to rezone approximately 1561 acres located on NC 1010 Cleveland Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Son - Lan , Shipwash LLC Applicant Rex H Todd Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 03 - 04 for owners , Son - Lan , Shipwash LLC and applicant , Rex H Todd , of approximately 1561 acres located on NC 1010 Cleveland Road in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - Opened the Special Use Permit Hearing - Case 03 - 04 Case 03 - 04 Special use permit application for apartments and auditorium on approximately 1561 acres located on NC 1010 Cleveland Road in Cleveland Township Owners Son - Lan , Shipwash LLC Applicant Rex H Todd Those wishing to speak on Case 03 - 04 were sworn in by the Clerk to the Board Steven Finn , Planning Director , presented the following summary of evidence on Case # 03 - 04 A pre - application hearing was held with the applicant on December 17 , 2002 At that time the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval 2 Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board 3 Applicant will be notified in writing of the Board’s decision 4 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 5 Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period 6 When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements 7 Subsequent to the pre - application conference , 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 January 21 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 6 - 0 , approval of rezoning to Agricultural Residential - Special Use District , and recommended a special use permit for apartments and auditorium based on findings of facts and subject to the following special conditions Findings of fact 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 25 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , and state and federal regulations ; Specifically the County’s Land Use Permit Process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; andPagePage pageNumber8253 March 10 , 2003 Continued 4 That the use or development conforms with general plans for the physical development of the county’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 That the proposed use will serve the community Special Conditions 1 Approval subject to the proposed site plan submitted by Ross Deckard Architects , PA with a minimum of 37 parking spaces for the housing 2 The auditorium must be done as a shell 3 The auditorium can not be used until a plan addressing parking and other concerns has been approved Mr Todd showed a proposed site plan and noted the parking spaces have been placed at the back in order to allow the front to remain as a grassed yard The Chairman Recessed the Special Use Permit Hearing - Case 03 - 04 Decision on Application for Special Use Permit - Case 03 - 04 Case 03 - 04 Special use permit application for apartments and auditorium on approximately 1561 acres located on NC 1010 Cleveland Road in Cleveland Township Owners Son - Lan , Shipwash LLC Applicant Rex H Todd Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners , Son - Lan , Shipwash LLC and applicant , Rex H Todd for apartments and auditorium on approximately 1561 acres located on NC 1010 Cleveland Road in Cleveland Township based on findings of fact and subject to the following conditions Findings of fact 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 25 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , and state and federal regulations ; Specifically the County’s Land Use Permit Process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; and 4 That the use or development conforms with general plans for the physical development of the county’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 That the proposed use will serve the community Special Conditions 1 Approval subject to the proposed site plan submitted by Ross Deckard Architects , PA with a minimum of 37 parking spaces for the housing 2 The auditorium must be done as a shell 3 The auditorium can not be used until a plan addressing parking and other concerns has been approved The Chairman Re - Opened the Rezoning Public Hearing - Case 03 - 05 Case 03 - 05 Petition to rezone approximately 1769 acres located on NC 1010 Cleveland Road in Cleveland Township from Agricultural Residential to Community Business District Owners and Applicants Son - Lan , Shipwash LLC PagePage pageNumber9254 March 10 , 2003 Continued Mr Finn explained this request represents the remaining 176 acres of the property in the previous rezoning on NC 1010 Cleveland Road This is a request for a straight rezoning from agricultural residential to community business Sonny Johnson , 341 Sonny Road , Clayton , requested the Board’s approval on the rezoning and stated that he would be glad to answer any question they might have concerning the property Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing - Case 03 - 05 Decision on Rezoning Case 03 - 05 Case 03 - 05 Petition to rezone approximately 1769 acres located on NC 1010 Cleveland Road in Cleveland Township from Agricultural Residential to Community Business District Owners and Applicants Son - Lan , Shipwash LLC Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 03 - 05 for owners and applicants , Son - Lan , Shipwash LLC of approximately 1769 acres located on NC 1010 Cleveland Road in Cleveland Township from Agricultural Residential to Community Business District The Chairman Re - Opened the Special Use Permit Hearing - Case 03 - 03 Case 03 - 03 Petition to modify a Special Use Permit on approximately 270 acres located on King Mill Road SR 1334 in Elevation Township to allow batting cages indoors in an existing building Owners and Applicants Terry A Parker and Kathy L Parker Those wishing to speak on Case 03 - 03 were sworn in by the Clerk to the Board Mr Finn indicated the property on the GIS Map and noted that it is located on King Mill Road in Elevation Township He stated the Parker’s are seeking a modification of the special use permit to allow them to have batting cages indoors in an existing building Surrounding zoning is agricultural residential except for the subject property He presented the following summary of evidence on this case A pre - application hearing was held with the applicant on December 17 , 2002 At that time the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval 2 Applicant must comply with the requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing or any additional requirements as approved by this Board 3 Applicant will be notified in writing of the Board’s decision 4 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 5 Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period 6 When necessary , staff informed the applicant of further Planning Office requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements 7 Subsequent to the pre - application conference , 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 January 21 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 6 - 0 , to modify the Special Use Permit to allow batting cages indoors in an existing building based on findings of facts and subject to the following special conditions Findings of fact 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 25 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , andPage0255 March 10 , 2003 Continued state and federal regulations ; Specifically the County’s Land Use Permit Process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; and 4 That the use or development conforms with general plans for the physical development of the county’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 That the proposed use will serve the community Special Conditions 1 Hours of operation are seven days a week , Sunday - Saturday , from 7 00 am - 10 00 pm 2 Maximum number of cars allowed at any one time is 15 Applicant Terry Parker asked the Board to approve the modification so the children can use the batting cage Mr Parker’s son , Kelly Parker , added his request for approval so he and his teammates can use the batting cage The Chairman Recessed the Special Use Permit Hearing - Case 03 - 03 Decision on Application for Modification of Special Use Permit - Case 03 - 03 Case 03 - 03 Petition to modify a Special Use Permit on approximately 270 acres located on King Mill Road SR 1334 in Elevation Township to allow batting cages indoors in an existing building Owners and Applicants Terry A Parker and Kathy L Parker Based on the following findings of fact and with the attached conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to modify a special use permit for owners and applicants , Terry A Parker and Kathy L Parker to allow batting cages indoors in an existing building on approximately 270 acres located on King Mill Road SR 1334 in Elevation Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of fact 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 25 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of the Development Ordinance , other ordinances and resolutions , and state and federal regulations ; Specifically the County’s Land Use Permit Process provides for a final site plan to be approved prior to any activity taking place on the property The conceptual site plan demonstrates consistency with the Johnston County Development Ordinance and County Design Manual Standards met include , but are not limited to access circulation , parking design standards , stormwater management , and landscaping These performance standards help to assure harmony between the proposed use of the property and its immediate surroundings 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 ; specifically , incorporation of special conditions listed below would assure consistency with the Johnston County Development Ordinance and Design Manual ; and 4 That the use or development conforms with general plans for the physical development of the county’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 That the proposed use will serve the community Special Conditions 1 Hours of operation are seven days a week , Sunday - Saturday , from 7 00 am - 10 00 pm 2 Maximum number of cars allowed at any one time is 15 Page1256 March 10 , 2003 Continued 4 Public Hearing - Water Supply Watershed Protection Ordinance Amendments Advertised - 02 21and 02 28 03 in Smithfield Herald The Chairman Opened the Public Hearing Steven Finn , Planning Director , explained this amendment would bring the County’s ordinance into compliance with the State requirements , which staff is already following Commissioner Wade M Stewart stated , in his opinion , this constitutes the taking of property as it prevents the owner from being able to use all of his land Commissioner Cookie Pope agreed and noted the farmers in Johnston County know how close they come to a stream There being no further comment , the Chairman Closed the Public Hearing Decision On Water Supply Watershed Protection Ordinance Amendments Commissioner W Ray Woodall moved the Board approve the following amendments to the Water Supply Watershed Protection Ordinance as recommended by the Planning staff Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Thomas M Moore , Allen L Mims , Jr , W Ray Woodall and Jeffrey P Carver Nays Wade M Stewart and Cookie Pope Section 14 - 105 , subsection n 1 Vegetative buffer A minimum 100 30 - foot vegetative buffer for development activities is required along all perennial and intermittent streams as indicated on the most recent versions of USGS 1 24,000 75 minute scale topographic maps Quadrangle Topography maps , within a new development when the new development built - upon area exceeds the maximum 24 or 36 percent built - upon area thresholds as indicated in subsection I of this section ; otherwise , 50 wide vegetative buffers shall be maintained along both sides of all perennial and intermittent streams , rivers or other water bodies as required by the Neuse River Basin Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Buffers , Section 3 a - b The buffer shall be measured from the top of the bank of such streams Determinations of exemption as noted in 15A NCAC 2B 0233 Neuse River Basin Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Buffers , Section 3 a - b shall be made by NCDENR Division of Water Quality Section 14 - 105 , m Built Upon Area - The maximum area to be built upon for all residential development not listed in subsection I of this section , and nonresidential development shall be allowed a maximum of 24 percent built - upon area without a curb and gutter system , or up to a maximum of 70 percent built - upon area stormwater management or up to 70 outside the critical area with a County approved best management practice However , all development must also conform to the requirements of Article VII of this chapter For the purpose of calculating built - upon area , total project area shall include total acreage in the tract on which the project is to developed , if the tract is in the same ownership 5 Proposed Open Space Resolution Mr Finn explained the Planning Board has recommended the Commissioners adopt a resolution in support of the efforts made by Triangle J Council of Governments on the Green Print Plan This plan shows the trends of open space within the Triangle region He noted that five of the nine counties in the region have adopted a similar resolution Commissioner Wade M Stewart stated he would not support this resolution Commissioner W Ray Woodall noted he has a problem with people having to donate land as open space , then as far as the tax records show , they still own the property and have to pay taxes on it Page2257 March 10 , 2003 Continued Commissioner Allen L Mims , Jr pointed out that if the property is under a homeowners association , it will be taken off the person’s tax record Following further discussion , Commissioner Allen L Mims , Jr moved the Board adopt the following Proposed Open Space Resolution Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Thomas M Moore , Allen L Mims , Jr , and Jeffrey P Carver Nays Wade M Stewart , W Ray Woodall and Cookie Pope RESOLUTION WHEREAS open space provides critical benefits to Johnston County residents including parks , greenways , historic and scenic landscapes , habitat for wildlife and native plants , water and air quality protection , and agricultural and timber products ; and WHEREAS important open space will continue to be lost in the absence of comprehensive open space planning ; and WHEREAS continued loss of important open space is detrimental to the quality of life of Johnston County residents ; and WHEREAS the North Carolina General Assembly passed a law making it the State’s goal to permanently protect an additional one million acres of open space by December 31 , 2009 GS 113A - 241 ; and WHEREAS the Triangle J Council of Governments , Triangle Land Conservancy , and NC Division of Parks and Recreation have formed the Triangle GreenPrint Project and have released a Regional Open Space Assessment ; and WHEREAS the Regional Open Space Assessment documents important open space areas in the six - county Triangle region that were identified by 140 professional and citizen open space experts , and WHEREAS the Regional Open Space Assessment identifies many open space areas that can only be fully enjoyed by Johnston County citizens if Johnston County cooperates with other government jurisdictions to protect them ; and WHEREAS the likelihood of protection of these open space areas will be enhanced through awareness of their significance and adoption of formal plans and related regulations for their protection ; and THEREFORE , BE IT RESOLVED THAT THE JOHNSTON COUNTY BOARD OF COMMISSIONERS Recognizes the efforts of the 140 technical experts who provided their expertise to develop the Triangle GreenPrint Regional Open Space Assessment as an overview of Triangle open spaces that are worthy of some level of protection ; Requests that the County share with the GreenPrint project information about any important open space that may have been overlooked in the Regional Open Space Assessment so that it may be incorporated in future documents ; and Requests the County to provide updates to the Triangle GreenPrint project regarding the County’s newly protected open spaces so that this information can be added to the regional and statewide databases ; and Requests the County to investigate ways to increase the funding available to open space protection ; and Commits itself to supporting the concept of regional cooperation on land protection projects , and to taking a leadership role in helping to protect a regional network of open spaces ; and Agrees to be an active partner in future steps towards creating a vision and plan for a protected network of regional open space ; and Adopted this the10th day of March 2003 6 Call for Public Hearing - Land Development Code Ordinance Amendment Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried th by unanimous vote , the Board scheduled a public hearing for April 14 on a proposed amendment to the Land Development Code Ordinance concerning the definition of a junkyard Board Reports and Comments 7 Public Hearings Scheduled For Extension of Fire Department Boundaries The Board scheduled the following three meetings for public hearings on the proposal by 14 fire districts to extend their boundaries to six miles All meetings will be held at 7 00 pm Page3258 March 10 , 2003 Continued lt; April 16 , 2003 - meeting will be held at Cleveland Fire Station for the Elevation , 50 210 , McLemore and Claytex fire districts lt; April 28 , 2003 - meeting will be held at the Blackman’s Crossroads Fire Station for the Blackman’s Crossroads , Bentonville , Strickland’s Crossroads , Meadow and Wynn fire districts lt; April 30 , 2003 - meeting will be held at the Smithfield Fire Station for the Smithfield , O’Neals , Beulah , Boon Hill and Brogden fire districts 8 Group Homes In Johnston County The Board discussed the legislation that allows group homes to operate in residential subdivisions , without any prior notice According to the statute , these homes are to be treated as residences with no different regulations , with the exception that one group home can not be within ½ mile from another group home County Attorney , Mark Payne , noted there is an additional statute that creates some question about this matter Notification to the Board of Education is required when a child from another County moves into a group home in another county He noted the exception and the other statute would seem to indicate that there would have to be some degree of regulation He stated that several local governments have placed a 90 - day moratorium on group homes until this matter can be reviewed Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board agreed to place a 90 - day moratorium on Group Homes in Johnston County to give staff an opportunity to review the general statutes There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote ________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage