December 9, 2002 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 159 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS December 9 , 2002 The Johnston County Board of Commissioners met in regular session Monday , December 9 , 2002 , 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 , Fred Smith , 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 1 Coach Pitch Baseball Team Recognized - NCAAU State Champions The Board recognized Coach Steve Carroll and the Cleveland Indians baseball team who won the North Carolina Amateur Athletic Union NCAAU Coach Pitch Baseball State Championship for 8 year olds and under Coach Carroll introduced his assistant coaches , and the 12 young players to the Board The Board congratulated the team on their victory and wished them continued enjoyment and success Public Comments - No one spoke at this time 2 Public Hearing - Rezoning Cases & Special Use Permit Requests Advertised - In the Smithfield Herald - November 22 and November 29 , 2002 Certified letters were mailed to adjoining property owners on November 27 , 2002 and notices posted at the locations on December 2 , 2002 The Chairman opened the rezoning public hearing and invited anyone who wished to make comments on the following cases Case 600 Petition to rezone approximately one acre located on Thompson Road SR 1150 in Ingrams Township from Agricultural Residential to General Business - Special Use District Owner and Applicant Michael Travis Parrish Steven Finn , Planning Director , indicated the property on the GIS Map and noted it is located near NC 96 and Blackmon Road The surrounding zoning is predominately Agricultural Residential Owner and Applicant , Michael Travis Parrish , 301 Thompson Road , stated that he had been in the auto repair business for the last 14 years and would like to have the property rezoned to Commercial - Special Use District so he can relocate to this site Mr Finn stated the Planning Board recommended approval by a unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 600 Case 600 Petition to rezone approximately one acre located on Thompson Road SR 1150 in Ingrams Township from Agricultural Residential to General Business - Special Use District Owner and Applicant Michael Travis Parrish Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 600 for owner and applicant , Michael Travis Parrish , of approximately one acre located on Thompson Road SR 1150 in Ingrams Township from Agricultural Residential to General Business - Special Use District Page160 December 9 , 2002 - Continued The Chairman Opened the Special Use Permit Hearing - Case 600 Case 600 Special use permit application for an auto repair garage on approximately one acre located on Thompson Road SR 1150 in Ingrams Township Owner and Applicant Michael Travis Parrish Those wishing to speak on Case 600 were sworn in by the Clerk to the Board Mr Finn introduced into the record the following summary of evidence on Case # 600 A pre - application hearing was held with the applicant on August 6 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 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 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 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 October 15 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a unanimous vote of 10 - 0 , approval of rezoning to General Business - Special Use District , and recommended a special use permit for an auto repair garage based on the following findings of fact and 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The existing tree vegetation exceeds current County landscape buffer requirements 7 The special use permit process allows special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare 8 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual Special Conditions Recommended By The Planning Board 1 Along the west , north , and east property lines , a minimum thirty 30 foot wide “ undisturbed ” landscape area , or easement , be established If existing vegetation within this thirty 30 foot landscape area dies , or is removed for any reason , a Class C Landscape Area shall be established and maintained along the property line 2 No salvage operation or storage of junk , including scrap metals , or other scrap materials , or the dismantling or abandonment of vehicles shall be conducted on the property 3 All landscaping required to meet the Johnston County regulations and standards , shall be installed no later than six 6 months from the date of the approval of the special use permit 4 Only a ground or monument sign , consistent with the provision of Sec 14 - 509 2 of the Johnston County Land Development Code , shall be permitted 5 Commercial activity or use of the property shall be permitted Monday thru Friday from 8 00 am to 8 00 pm and Saturday from 8 00 am to 5 00 pm Page161 December 9 , 2002 - Continued The Chairman Recessed the Special Use Permit Hearing - Case 600 Decision on Application for Special Use Permit - Case 600 Case 600 Special use permit application for an auto repair garage on approximately one acre located on Thompson Road SR 1150 in Ingrams Township Owner and Applicant Michael Travis Parrish Based on the following findings of fact and with the attached conditions , Commissioner Wade M Stewart , moved the Board authorize the Planning Department to issue a special use permit to owner and applicant , Michael Travis Parrish , for an auto repair garage on approximately one acre located on Thompson Road SR 1150 in Ingrams 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The existing tree vegetation exceeds current County landscape buffer requirements 7 The special use permit process allows special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare 8 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual Special Conditions 1 Along the west , north , and east property lines , a minimum thirty 30 foot wide “ undisturbed ” landscape area , or easement , be established If existing vegetation within this thirty 30 foot landscape area dies , or is removed for any reason , a Class C Landscape Area shall be established and maintained along the property line 2 No salvage operation or storage of junk , including scrap metals , or other scrap materials , or the dismantling or abandonment of vehicles shall be conducted on the property 3 All landscaping required to meet the Johnston County regulations and standards , shall be installed no later than six 6 months from the date of the approval of the special use permit 4 Only a ground or monument sign , consistent with the provision of Sec 14 - 509 2 of the Johnston County Land Development Code , shall be permitted 5 Commercial activity or use of the property shall be permitted Monday thru Friday from 8 00 am to 8 00 pm and Saturday from 8 00 am to 5 00 pm The Chairman Re - opened the Rezoning Public Hearing - Case 601B Case 601B Petition to rezone approximately three acres located on Stevens Chapel Road SR 2310 in Boon Hill Township from Agricultural Residential to Industrial I - Special Use District Owners and Applicants Robert Glenn Davis and Emma J Davis Mr Finn indicated the property on the GIS Map and noted it is located on Stevens Chapel Road south of Red House Road The surrounding zoning is predominately Agricultural Residential Applicant , Robert Glenn Davis , 3818 Stevens Chapel Road , stated that he wished to start a small business working on heavy equipment Mr Finn stated the Planning Board recommended approval by a unanimous vote Page162 December 9 , 2002 - Continued The Chairman Recessed the Rezoning Public Hearing - Case 601B Decision On Rezoning Case 601B Case 601B Petition to rezone approximately three acres located on Stevens Chapel Road SR 2310 in Boon Hill Township from Agricultural Residential to Industrial I - Special Use District Owners and Applicants Robert Glenn Davis and Emma J Davis Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 601B for owners and applicants , Robert Glenn Davis and Emma J Davis , of approximately three acres located on Stevens Chapel Road SR 2310 in Boon Hill Township from Agricultural Residential to Industrial I - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 601B Case 601B Special use permit application for repair of heavy equipment on approximately three acres located on Stevens Chapel Road SR 2310 in Boon Hill Township Owner and Applicant Robert Glenn Davis and Emma J Davis Those wishing to speak on Case 601B were sworn in by the Clerk to Board Mr Finn introduced into the record the following summary of evidence on case # 601B A pre - application hearing was held with the applicant on September 6 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 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 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 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 October 15 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a unanimous vote of 10 - 0 , approval of rezoning to Industrial I - Special Use District , and recommended a special use permit for repair of heavy equipment based on the following findings of fact and 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The special use permit process allows providing special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare PagePage pageNumber5163 December 9 , 2002 - Continued 7 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual Special Conditions Recommended by Planning Board 1 That along all zoning lot boundary lines , a minimum of thirty 30 foot wide Class C landscape shall be established and maintained consistent with County landscape requirements and standards 2 No salvage operation or storage of junk , including scrap metals , or other scrap materials , or the dismantling or abandonment of vehicles shall be conducted on the property 3 Only a ground or monument sign , consistent with the provisions of Sec 14 - 509 2 of the Johnston County Land Development Code , shall be permitted 4 All landscaping required to meet the Johnston County Design Manual shall be installed no later than six 6 months from the date of the approval of the special use permit 5 Commercial activity or use of the property shall only be permitted Monday thru Friday from 7 00 am to 9 00 pm and Saturday from 7 00 am to 5 00 pm 6 Note a storage area on the site plan The Chairman Recessed The Special Use Permit Hearing - Case 601B Decision On Application For Special Use Permit - Case 601B Case 601B Special use permit application for repair of heavy equipment on approximately three acres located on Stevens Chapel Road SR 2310 in Boon Hill Township Owner and Applicant Robert Glen Davis and Emma J Davis Based on the following findings of fact and with the attached conditions , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit to owners and applicants , Robert Glen Davis and Emma J Davis , for repair of heavy equipment on approximately three acres located on Stevens Chapel Road SR 2310 in Boon Hill Township Commissioner Thomas M Moore 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The special use permit process allows providing special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare 7 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual Special Conditions 1 That along all zoning lot boundary lines , a minimum of thirty 30 foot wide Class C landscape shall be established and maintained consistent with County landscape requirements and standards 2 No salvage operation or storage of junk , including scrap metals , or other scrap materials , or the dismantling or abandonment of vehicles shall be conducted on the property 3 Only a ground or monument sign , consistent with the provisions of Sec 14 - 509 2 of the Johnston County Land Development Code , shall be permitted 4 All landscaping required to meet the Johnston County Design Manual shall be installed no later than six 6 months from the date of the approval of the special use permit 5 Commercial activity or use of the property shall only be permitted Monday thru Friday from 7 00 am to 9 00 pm and Saturday from 7 00 am to 5 00 pm 6 Note a storage area on the site plan PagePage pageNumber6164 December 9 , 2002 - Continued The Chairman Re - opened The Rezoning Public Hearing - Case 602 Case 602 Petition to rezone approximately one acre located on NC 39 in O’Neals Township from Agricultural Residential to Community Business - Special Use District Owner Charles W Creech Applicant William Galarneau Mr Finn indicated the property on the GIS Map and noted this request is to rezone a one acre portion of a larger tract of land The surrounding zoning is predominately Agricultural Residential with a small commercial property nearby Applicant , William Galarneau , 2404 Boothbay Court , Raleigh , stated he wishes to open a small general store with a few grocery items , sandwiches and pizza , with the possibility of some delivery service He noted he had no problem with the conditions recommended by the Planning Board concerning parking and landscaping , however , the site plan will be revised somewhat to meet these conditions Mr Finn stated the Planning Board recommended approval by a unanimous vote of 10 - 0 The Chairman Recessed the Rezoning Public Hearing - Case 602 Decision on Rezoning Case 602 Case 602 Petition to rezone approximately one acre located on NC 39 in O’Neals Township from Agricultural Residential to Community Business - Special Use District Owner Charles W Creech Applicant William Galarneau Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 602 for owner , Charles W Creech , and applicant , William Galarneau , of approximately one acre located on NC 39 in O’Neals Township from Agricultural Residential to Community Business - Special Use District The Chairman Reopened the Special Use Permit Hearing - Case 602 Case 602 Special use permit application for a general store on approximately one acre located on NC 39 in O’Neals Township Owner Charles W Creech Applicant William Galarneau Those wishing to speak on Case 602 were sworn in by the Clerk to the Board Mr Finn stated that in order to maintain the rural character of the area , the Planning Board recommended that parking be moved from the front to the side of the property , and the property landscaped accordingly Mr Galaneau has agreed to work with the Planning Staff to make sure the conditions are met He presented the following summary of evidence on Case # 602 A pre - application hearing was held with the applicant on September 9 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 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 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 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 PagePage pageNumber7165 December 9 , 2002 - Continued On October 15 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a unanimous vote of 10 - 0 , approval of rezoning to Community Business - Special Use District , and recommended a special use permit for a general store based on the following findings of fact and 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The special use permit process allows providing special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare 7 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual Special Conditions Recommended By The Planning Board 1 All parking areas shall be located along the north side of the building 2 The required landscape areas contain landscaping that only adds to and compliments the rural character of the neighborhood Any landscaping required to meet Johnston County Design Manual shall be installed prior to the issuance of a Certificate of Compliance and Occupancy 3 Only a ground or monument sign , consistent with the provisions of Sec 14 - 509 2 of the Johnston County Land Development Code , shall be permitted 4 Hours of operation will be 5 30 am to 10 00 pm , seven days a week The Chairman Recessed the Special Use Permit Hearing - Case 602 Decision On Application For Special Use Permit - Case 602 Case 602 Special use permit application for a general store on approximately one acre located on NC 39 in O’Neals Township Owner Charles W Creech Applicant William Galarneau Based on the following findings of fact and with the attached conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to owner , Charles W Creech and applicant , William Galarneau , for a general store on approximately one acre located on NC 39 in O’Neals Township Commissioner Thomas M Moore 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The special use permit process allows providing special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare 7 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual PagePage pageNumber8166 December 9 , 2002 - Continued Special Conditions 1 All parking areas shall be located along the north side of the building 2 The required landscape areas contain landscaping that only adds to and compliments the rural character of the neighborhood Any landscaping required to meet Johnston County Design Manual shall be installed prior to the issuance of a Certificate of Compliance and Occupancy 3 Only a ground or monument sign , consistent with the provisions of Sec 14 - 509 2 of the Johnston County Land Development Code , shall be permitted 4 Hours of operation will be 5 30 am to 10 00 pm , seven days a week The Chairman Re - opened the Rezoning Public Hearing - Case 603 Case 603 Petition to rezone approximately 765 acres located on US 70 Business in Wilson’s Mills Township from General Business to Industrial I Owner Wayne Barefoot Petitioner Dan Simmons Mr Finn indicated the property on the GIS Map and noted it is located on US 70 in Wilson’s Mills Township The surrounding zoning is predominately Agricultural Residential with mixed uses along US 70 Mr Dan Simmons of 125 Everett Lane , Smithfield , stated that he was representing the applicant , Wayne Barefoot , who has been marketing the property for light industrial use He wishes to go ahead with the rezoning in order to avoid a delay for a potential buyer that might wish to move quickly In response to a question from Commissioner Fred Smith , Mr Simmons stated the owner does plan to develop a residential subdivision behind this property in the future , and that will be taken into consideration Mr Finn stated the Planning Board recommended approval by a unanimous vote The Chairman Recessed the Rezoning Public Hearing - Case 603 Decision on Rezoning Case 603 Case 603 Petition to rezone approximately 765 acres located on US 70 Business in Wilson’s Mills Township from General Business to Industrial I Owner Wayne Barefoot Petitioner Dan Simmons Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 603 for owner , Wayne Barefoot and petitioner , Dan Simmons , of approximately 765 acres located on US 70 Business in Wilson’s Mills Township from General Business to Industrial I The Chairman Re - opened the Rezoning Public Hearing - Case 604 Case 604 Petition to rezone approximately 2299 acres located on US 70 Business in Wilson’s Mills Township from Residential 10 to Industrial I - Special Use District Owner Aruba Capital , Incorporated Petitioner C Proc Dean Mr Finn indicated the property on the GIS Map and noted it is located adjacent to the property in the previous case The surrounding zoning is predominately Agricultural Residential with mixed usage along the US 70 Highway corridor Dan Simmons , representing the owners , Aruba Capital Inc , stated this property is also on the market for sale or lease for light industrial use Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing - Case 604 Decision On Rezoning Case 604 Case 604 Petition to rezone approximately 2299 acres located on US 70 Business in Wilson’s Mills Township from Residential 10 to Industrial I - Special Use District Owner Aruba Capital , Incorporated Petitioner C Proc Dean PagePage pageNumber9167 December 9 , 2002 - Continued Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 604 for owner , Aruba Capital , Incorporated and petitioner , C Proc Dean , of approximately 2299 acres located on US 70 Business in Wilson’s Mills Township from Residential 10 to Industrial I - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 604 Case 604 Special use permit application for a trucking terminal on US 70 Business in Wilson’s Mills Township Owner Aruba Capital , Incorporated Petitioner C Proc Dean Those wishing to speak on Case 604 were sworn in by the Clerk to the Board Steven Finn , Planning Director , presented the following summary of evidence on Rezoning Case # 604 A pre - application hearing was held with the applicant on September 18 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners 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 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 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 October 15 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a unanimous vote of 10 - 0 , approval of rezoning to Industrial I - Special Use District , and recommended a special use permit for a trucking terminal based on the following findings of facts and 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The special use permit process allows providing special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare 7 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual Special Conditions Recommended By The Planning Board 1 A Class C Landscape Area shall be indicated on the final site plan adjacent to all residential zoned property and all required landscaping shall be installed prior to the issuance of a Certificate of Compliance and Occupancy 2 A Class B Landscape Area shall be indicated on the final site plan adjacent to all non - residential zoned property and all required landscaping shall be installed prior to the issuance of a Certificate of Compliance and Occupancy Page0168 December 9 , 2002 - Continued 3 An opaque fence or wall at least eight 8 feet in height shall be indicated on the final site plan and shall be installed around the proposed transport trailer storage area prior to the issuance of a Certificate of Compliance and Occupancy 4 Prior to the issuance of a Certificate of Compliance and Occupancy , all required roadway improvements shall be completed consistent with the conditions of the Driveway Permit issued by the North Carolina Department of Transportation Mr Simmons stated that although a lease has not been signed , the owner has been negotiating with a trucking company that will need to relocate due to the Clayton By - Pass Whenever a business locates on the site , a screened fence will be installed around the property to make it as compatible as possible with the surrounding neighborhood In response to a question from Commissioner Cookie Pope , Mr Simmons noted the Department of Transportation will work with them on the driveways and any traffic requirements such as added turn lanes The Chairman Closed The Special Use Permit Hearing - Case 604 Decision On Application for Special Use Permit - Case 604 Case 604 Special use permit application for a trucking terminal on US 70 Business in Wilson’s Mills Township Owner Aruba Capital , Incorporated Petitioner C Proc Dean Based on the following findings of fact and with the attached conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to owner , Aruba Capital , Incorporated and petitioner , C Proc Dean for a trucking terminal located on US 70 Business in Wilson’s Mills 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 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; 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 The use proposed would serve the daily needs of the immediate area 6 The special use permit process allows providing special standards and care in control of the location , design and methods of operation in order to assure protection of the public health , safety and welfare 7 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Land Development Code and Design Manual Special Conditions 1 A Class C Landscape Area shall be indicated on the final site plan adjacent to all residential zoned property and all required landscaping shall be installed prior to the issuance of a Certificate of Compliance and Occupancy 2 A Class B Landscape Area shall be indicated on the final site plan adjacent to all non - residential zoned property and all required landscaping shall be installed prior to the issuance of a Certificate of Compliance and Occupancy 3 An opaque fence or wall at least eight 8 feet in height shall be indicated on the final site plan and shall be installed around the proposed transport trailer storage area prior to the issuance of a Certificate of Compliance and Occupancy 4 Prior to the issuance of a Certificate of Compliance and Occupancy , all required roadway improvements shall be completed consistent with the conditions of the Driveway Permit issued by the North Carolina Department of Transportation Page1169 December 9 , 2002 - Continued 3 Temporary Positions Approved For The Department Of Social Services Commissioner Wade M Stewart informed the Board that he and a couple of other commissioners met recently with DSS Director , Earl Marett , and some of his staff concerning the immediate needs in that Department Due to the current economic situation , DSS has been flooded with so many new clients , his current staff cannot handle the workload He is asking for six temporary positions for the remainder of the fiscal year at a cost to the County of 58,500 Three of the employees would be in Child Protective Services , and the other three would be intake maintenance personnel Commissioner Stewart noted that adding employees in the middle of the year is unusual and something he is reluctant to recommend ; however , the County must carry on the business of the people He stated he supports this request with the stipulation that the County do an in - depth study on the efficiency of the Department , with an emphasis on the cumbersome paperwork required by the State and Federal governments , and the lack of a statewide computer program that would interface with the State offices and eliminate the many duplicate applications and forms He recommended an independent consultant be hired to do the study and report back to the Board with solutions The Board will then have to address these issues with the people in Raleigh and Washington He noted that Mr Marett and his staff were in total support of a study being done Commissioner Thomas M Moore suggested the County appoint three or four citizens with a background in business to work with the consultant The County Manager noted that MIS Director , Leslie Stanfield , served on a statewide technology committee that looked at upgrading the DSS computer system The concept for a new program has been developed , however , no State money has been appropriated to move forward Commissioner Cookie Pope stated she serves on the NCACC legislative goals committee , and funding for this project will be a proposed goal Commissioner W Ray Woodall stated he was in the meeting with DSS personnel and heard a very serious cry for help The people at the local level have been begging for updated technology for years , but nothing has been done He stated , in his opinion , the problem needs to be addressed at the grassroots level - here in Johnston County as Commissioner Stewart suggested - and once solutions are determined , it would not be difficult to get others to stand with us to challenge the system Commissioner Fred Smith noted as NC Senator - Elect , he had the opportunity recently to look closely at the State’s situation In his opinion , there is a fundamental problem between the lines of authority and responsibility With the Department of Social Services , the situation is so convoluted because the people with the funding authority are not the same as those with the responsibility of carrying out the programs DSS Director , Earl Marett , provided statistics showing the increase in almost all divisions of his department He noted , at present , a client that is eligible for multiple benefits must submit the same information and make application in each service area He agreed that updated technology connecting the local agency to the State is desperately needed Following further discussion , Commissioner Wade M Stewart moved the Board approve the following budget amendment in the amount of 58,500 from unappropriated fund balance to fund six temporary positions at the Department of Social Services Commissioner Cookie Pope seconded the motion , which carried by unanimous vote FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION EXPENDITURE INCREASE DECREASE 10 61000300 Salaries Part - time 58,50000 FUND BUDGET LINE ITEM REQUESTED CHANGE CODE CLASSIFICATION REVENUE INCREASE DECREASE 10 460033990 Fund Balance Appropriated 58,50000Page2170 December 9 , 2002 - Continued 4 Voting Delegate For Legislative Goals Conference Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board appointed James H Langdon , Jr as the voting delegate for the upcoming legislative goals conference Board Reports and Comments 5 County Manager and Staff Commended on Response to Ice Storm Commissioner Cookie Pope commended the County Manager and other County staff for the excellent job they did in handling the emergencies created by the recent ice storm 6 Landfill to Accept Yard Debris Rick Hester , County Manager , informed the Board that due to the ice storm , citizens will be allowed during the remainder of the month of December to bring up to five loads a week of yard debris to the landfill at no charge There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote ________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage