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

10 85 September 9 , 2002 The Johnston County Board of Commissioners met in regular session , Monday , September 9 , 2002 at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman arrived at 7 20 pm , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall and Fred Smith Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney Vice Chairman , Cookie Pope , called the meeting to order and called for a moment of silence in memory of the events of September 11 , 2001 Following the moment of silence , the following business was transacted Public Comments 1 Billy McLamb - Complaint On Violation of Special Use Conditions - Rezoning Case 570 Billy McLamb , who lives adjacent to the trucking operation and warehouse owned by Joe and Max Denning on Denning Road near Benson , informed the Board the Dennings are not in compliance with the conditions of the special use permit they received in February 2002 He stated the Dennings have moved a pile of wood pallets and other debris from the back of the warehouse to the side facing his house He maintained the debris is unsightly and has created a great deal of frustration for him and his wife He asked the Board for help in getting this cleaned up as he is in the process of trying to sell his house Commissioner Allen L Mims , Jr stated that he , along with County Attorney , Mark Payne , and Planning Director , Steven Finn , visited the site He noted the area with the pile of scrap wood and debris was not shown as a storage area on the Denning’s site plan and , in his opinion , should be removed He pointed out that one of the functions of a special use permit is to make sure a use is in harmony with the neighbors In response to Commissioner Thomas M Moore’s question as to why nothing has been done , Mr Finn stated there is some debate on the nature of the debris If the wood is considered agricultural debris , the County might have some liability under the Bonafide Farming Act if we enforce this as a zoning violation Attorney Mark Payne stated the County has asked the Dennings to move the debris voluntarily ; however , if this fails , the Board of Commissioners will need to consider whether or not this complies with the intent of the special use conditions placed on the permit He noted if the Board decides the wood pile is not consistent with the intent of the Board concerning the permit , then a notice of violation will be sent out immediately Commissioner Mims moved the County send a notice of violation to the Dennings and give them 24 hours from the time the notice arrives to remove the debris in question Commissioner Thomas M Moore seconded the motion Discussion In discussion it was pointed out the Dennings were also slow to plant the buffer that was required , and even though they have finally planted a row of trees between the two properties , they are not properly maintaining them on the side that faces Mr McLamb’s home Commissioner Mims noted the ordinance dictates that any buffer must be maintained and suggested the violation notice also include this information Mr McLamb’s wife , Karen McLamb , stated she and her husband have been patient , but now this situation has become such a problem for her family that she fears for the health of her husband Chairman James H Langdon , Jr , who arrived during the discussion , stated Mr Max Denning told him he would move the pallets and debris Page86 Commissioner Wade M Stewart stated he also talked with Mr Denning about this situation recently and got the impression the pile of wood would not be moved voluntarily He stated he would support the motion The motion carried by unanimous vote 2 Request for Exception On Lot Size for Singlewide Mobile Homes Dale Pass , representing Jerry and Becky Parker , owners of Parkersville Manufactured Home Subdivision , asked the Board to make an exception for their subdivision on the required lot size for singlewide mobile homes Mr Pass stated in 1991 , the Parkers asked for a mobile home park and were denied They then submitted a subdivision plat with 92 acre lots , which at that time was sufficient for singlewide homes The plat was approved Now the ordinance has changed and they are required to have at least one acre lots for singlewides They maintained that since the Planning Board approved their subdivision plat prior to the new ordinance , they should be grandfathered in and allowed to put singlewides on the 92 acre lots Commissioner Allen L Mims , Jr pointed out the plat approval is for subdividing the property and does not address what type of homes are going on the lots The Parkers can still put stick built homes or doublewide mobile homes on the smaller lots Mr & Mrs Parker responded that at the time they presented the subdivision plat , everyone in the Planning Department and the Planning Board knew they were subdividing for singlewide homes Attorney Mark Payne stated the Planning Board informs everyone who submits a subdivision plat that they are approving the subdivision only They are told that obtaining land use permits is a separate issue , subject to whatever is allowed by the ordinance at that time All the Planning Board did was approve the subdivision allowing a certain number of lots The owner then has to get a land use permit and building permits when they are ready to put something on the lots Following further discussion , the Board agreed that the approval of the subdivision plat did not constitute approval of what was to go on the lots , and the Parkers will have to abide by the current ordinance 3 Complaint - Property Rights For Merritt Sanders Heirs Ralph Gabellieri of 3919 Raleigh Road , represented the interest of the heirs of former slave , Merritt Sanders , who was deeded 100 acres of land bordered by Polenta , Matthews and Sonny Roads in the Cleveland Community Mr Gabellieri maintained that developer Sonny Johnson is claiming to own or have the right to subdivide this property , when according to his information , this is not true He handed out a packet including the history of the Sanders ’ property Attorney Mark Payne explained this case is in the court system , and the County will not issue any permits for the disputed property until the ownership issue is settled Two permits that were issued before the County learned of the dispute in ownership were revoked 4 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - In the Smithfield Herald - August 27 and September 3 , 2002 Certified letters were mailed to adjoining property owners on August 29 , 2002 and notices posted at the locations on August 30 , 2002 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 594 Petition to rezone approximately 353 acres located on NC 96 in Wilders Township from Agricultural Residential to Community Business - Special Use District Owner Nancy Hinnant ; Applicant Jackie Caudill Dave Roesler , assistant planning director , indicated the property on the GIS Map and noted it is located on NC 96 Hwy near the intersection with Davis Road The surrounding zoning is Agricultural Residential and Community Business Page87 Applicant Jackie Caudill , 11875 Hwy 22 , Wendell , NC , stated she wishes to operate a bed and breakfast on this property and hold small garden weddings She has done a great deal of research and feels this would be a good location for this type of business She presented a petition from neighbors in support the rezoning Kenneth Nowell , 9356 Applewhite Road , Wendell , represented the seller , Nancy Hinnant He noted both he and his client believe the proposed bed and breakfast would be a good use of the property and would be an asset to the neighborhood and surrounding community A representative with Knightdale Realty also spoke in favor of the rezoning Mr Roesler stated the Planning Board recommended approval by a vote of 9 - 0 The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 594 Case 594 Petition to rezone approximately 353 acres located on NC 96 in Wilders Township from Agricultural Residential to Community Business - Special Use District Owner Nancy Hinnant ; Applicant Jackie Caudill Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 594 for owner , Nancy Hinnant , and applicant , Jackie Caudill , of approximately 353 acres located on NC 96 in Wilders Township from Agricultural Residential to Community Business - Special Use District The Chairman Opened the Special Use Permit Hearing - Case 594 Case 594 Special use permit application for a bed and breakfast , residence , and to host weddings and receptions on approximately 353 acres located on NC 96 N in Wilders Township Owner Nancy Hinnant ; Applicant Jackie Caudill Those wishing to speak on Case 594 were sworn in by the Clerk to the Board Mr Roesler explained the applicant entered the following summary of evidence into the record concerning case 594 He noted there were some issues concerning access at the Planning Board meeting , however , these have now been resolved by moving the driveway He pointed out the site plan shows lawn parking for special events Summary of Evidence A pre - application hearing was held with the applicant on May 24 , 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 July 16 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 9 - 0 , approval of rezoning to Community Business - Special Use District , and recommended a special use permit based on the following findings of facts and conditions Page88 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 by proposing a use that is needed in the community and harmony with adjoining properties ; 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 the Development Ordinance , other ordinances ad 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 this chapter , 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 The land use permit process provides for a final detailed site plan to be approved prior to any activity taking place on the property The site plan has to demonstrate consistency with the Johnston County Development Ordinance and County Design Manual and any other appropriate state or local ordinances or regulations Standards to be met include , but are not limited to access and 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 8 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Development Ordinance and Design Manual Special Conditions Recommended by the Planning Board 1 The number of persons attending any event on the property be limited to 50 people 2 That a Class B landscape area be provided along all property lines where existing vegetation does not exist to satisfy landscape area requirements 3 That prior to the issuance of a Land Use Permit , a detailed site plan be approved that demonstrates compliance with the Johnston County Development Ordinance and County Design Manual 4 No pole sign allowed 5 Hours of operation shall not exceed 10 30 pm Commissioners Wade M Stewart and W Ray Woodall questioned the limit of 50 people They noted this was a small number for weddings and receptions The Chairman Recessed the Special Use Permit Hearing Decision On Application For Special Use Permit - Case 594 Case 594 Special use permit application for a bed and breakfast , residence , and approval to host weddings and receptions on approximately 353 acres located on NC 96 N in Wilders Township Owner Nancy Hinnant ; Applicant Jackie Caudill Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owner Nancy Hinnant and applicant Jackie Caudill for a bed and breakfast and residence , with the approval to host weddings and receptions on approximately 353 acres located on NC 96 North in Wilders Township based on the following findings of fact and special conditions , with a change in Condition 1 to increase the number of persons attending any event on the property from 50 to 100 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 by proposing a use that is needed in the community and harmony with adjoining properties ; 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 the Development Ordinance , other ordinances ad 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 ; andPagePage pageNumber589 4 That the use or development conforms with general plans for the physical development of the county’s planning jurisdiction as embodied in this chapter , 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 The land use permit process provides for a final detailed site plan to be approved prior to any activity taking place on the property The site plan has to demonstrate consistency with the Johnston County Development Ordinance and County Design Manual and any other appropriate state or local ordinances or regulations Standards to be met include , but are not limited to access and 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 8 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Development Ordinance and Design Manual Special Conditions 1 The number of persons attending any event on the property be limited to 100 people 2 That a Class B landscape area be provided along all property lines where existing vegetation does not exist to satisfy landscape area requirements 3 That prior to the issuance of a Land Use Permit , a detailed site plan be approved that demonstrates compliance with the Johnston County Development Ordinance and County Design Manual 4 No pole sign allowed 5 Hours of operation shall not exceed 10 30 pm The Chairman Re - opened the Rezoning Public Hearing - Case 595 Case 595 Petition to rezone approximately 163 acres located on Mulberry Road SR 1208 in Elevation Township from Agricultural Residential to General Business - Special Use District Owner and Applicant Danny Ray Johnson Mr Roesler indicated the property on the GIS Map and noted it is located near I - 95 on Mulberry Road off Parkertown Road The surrounding zoning is agricultural residential and some commercial business on US 301 Applicant Danny Johnson of 245 Mulberry Road , Four Oaks , stated he operated an automotive repair and body shop on the property from 1985 until 1992 when he moved the business to Benson He now wishes to move the business back to the old location Mr Roesler stated the Planning Board recommended approval by a vote of 8 - 1 The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 595 Case 595 Petition to rezone approximately 163 acres located on Mulberry Road SR 1208 in Elevation Township from Agricultural Residential to General Business - Special Use District Owner and Applicant Danny Ray Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 595 for owner and applicant , Danny Ray Johnson of approximately 163 acres located on Mulberry Road SR 1208 in Elevation Township from Agricultural Residential to General Business - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 595 Case 595 Special use permit application for an auto repair and body shop , display of vehicles for sale and a residence on approximately 163 acres located on Mulberry Road SR 1208 in Elevation Township Owner and Applicant Danny R Johnson Those wishing to speak on Case 595 were sworn in by the Clerk to the Board PagePage pageNumber690 Mr Roesler presented the following summary of evidence on Rezoning Case # 595 A pre - application hearing was held with the applicant on June 25 , 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 July 16 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 5 - 4 , approval of rezoning to General Business - Special Use District , and recommended a special use permit 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 the Development Ordinance , other ordinances ad 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 The land use permit process provides for a final detailed site plan to be approved prior to any activity taking place on the property The site plan has to demonstrate consistency with the Johnston County Development Ordinance and County Design Manual and any other appropriate state or local ordinances or regulations Standards to be met include , but are not limited to access and 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 8 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Development Ordinance and Design Manual Special Conditions Recommended By The Planning Board 1 That a Class C landscaped area be installed along Mulberry Road from the 50 foot easement to the residence and a Class C Landscape Area along the access easement from Mulberry Road to the end of the parking area 2 That all vehicles parked , stored , or displayed for sale comply with County setback and landscape requirements which is 30 feet 3 The hours of operations will be Monday - Saturday from 7 00 am to 7 00 pm 4 A 30 x 30 fenced in area on the southwest side of the building with the side facing the adjacent residences being solid 5 No more than six cars allowed at one time on site with no more than three on display The Chairman Recessed the Special Use Permit Hearing - Case 595 Decision on Application for Special Use Permit - Case 595 Case 595 Special use permit application for an auto repair and body shop , display of vehicles for sale and a residence on approximately 163 acres located on Mulberry Road SR 1208 in Elevation Township Owner and Applicant Danny R Johnson PagePage pageNumber791 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 for an auto repair and body shop , display of vehicles for sale and a residence on approximately 163 acres located on Mulberry Road in Elevation Township based on the following 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 by proposing a use that is needed in the community and harmony with adjoining properties ; 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 the Development Ordinance , other ordinances ad 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 The land use permit process provides for a final detailed site plan to be approved prior to any activity taking place on the property The site plan has to demonstrate consistency with the Johnston County Development Ordinance and County Design Manual and any other appropriate state or local ordinances or regulations Standards to be met include , but are not limited to access and 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 8 Incorporation of special conditions would assure consistency with the provisions of the Johnston County Development Ordinance and Design Manual Special Conditions 1 A Class C landscaped area be installed along Mulberry Road from the 50 foot easement to the residence and a Class C Landscape Area along the access easement from Mulberry Road to the end of the parking area 2 That all vehicles parked , stored , or displayed for sale comply with County setback and landscape requirements which is 30 feet 3 The hours of operations will be Monday - Saturday from 7 00 am to 7 00 pm 4 A 30 x 30 fenced in area on the southwest side of the building with the side facing the adjacent residences being solid 5 No more than six cars allowed at one time on site with no more than three on display The Chairman Re - opened the Special Use Permit Hearing - Case 591 Case 591 Special use permit application for a salvage yard , auto repair and body work business , display of vehicles for sell , and sale of used and new parts on approximately 1165 acres located on NC 231 Highway in O’Neals Township Owners and Applicants Ronald E Johnson and Mary Johnson Persons interested in speaking were sworn in by the Clerk Mr Roesler explained that at the August 12 , 2002 Board Meeting , the Board of Commissioners amended the Zoning Atlas to correct the zoning of this property from Community Business to Industrial - 2 Special Use District The existing use dates back many years prior to rezoning , and the operation , including several expansions , has since been ongoing The owner is now applying for a special use permit in order to be in total compliance for the operation of this business Mr Roesler offered the following summary of evidence concerning this case PagePage pageNumber892 A pre - application hearing was held with the applicant on April 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 June 18 , 2002 the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 9 - 0 , approval of rezoning to Industrial 2 - Special Use District , and recommended a special use permit 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 the Development Ordinance , other ordinances ad 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 this chapter , the county strategic plan , or other development policies as adopted by the Board of Commissioners 5 The use described in the application has been in continuous operation since 1986 6 The subject property should have been zoned I - 2 in 1991 when the County adopted a county - wide Zoning Atlas 7 The special use permit provides for special standards and care in control of their location , design and methods of operation to assure protection of the public health , safety and welfare Special Conditions Recommended by the Planning Board 1 All vehicles parked or displayed for sale in front of the property be subject to the 40 minimum building parking setback requirement from NC 231 2 Along NC 231 , no salvage vehicles stored outside the fence 3 All vehicles stored on the site shall be no closer than thirty 30 feet from any property 4 Within a three year period , a solid fence be installed along any property line where vehicles are stored and where no suitable trees or vegetation provides a solid screen 5 Within at three year period , landscaping be installed , where appropriate , to met County landscape standards A solid fence or suitable landscaping along the front of the property be installed within eighteen months 6 No more than 10 vehicles displayed for sale in this area at any given time Mr Roesler pointed out that due to the size of the property , the Planning Board recommended the applicant be given three years to landscape and provide full screening solid fence or suitable trees vegetation around the entire area where vehicles are stored , and eighteen months to fully screen the front of the property He noted most of the operation is already adequately screened , however , there are gaps that need to be filled in The Chairman Closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 591PagePage pageNumber993 Case 591 Special use permit application for a salvage yard , auto repair and body work business , display of vehicles for sell , and sale of used and new parts on approximately 1165 acres located on NC 231 Highway in O’Neals Township Owners and Applicants Ronald E Johnson and Mary Johnson Upon a motion by Commissioner Allen L Mims , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners and applicants , Ronald E Johnson and Mary Johnson for a salvage yard , auto repair and body work , display of vehicles for sell , and sale of used and new parts on approximately 1165 acres located on NC 231 Highway in O’Neals Township based on the following 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 - 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 the Development Ordinance , other ordinances ad 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 this chapter , the county strategic plan , or other development policies as adopted by the Board of Commissioners 5 The use described in the application has been in continuous operation since 1986 6 The subject property should have been zoned I - 2 in 1991 when the County adopted a county - wide Zoning Atlas 7 The special use permit provides for special standards and care in control of their location , design and methods of operation to assure protection of the public health , safety and welfare 8 The conditions recommended , when completed , would bring the salvage yard operation into consistency with County standards Special Conditions 1 All vehicles parked or displayed for sale in front of the property be subject to the 40 minimum building parking setback requirement from NC 231 2 Along NC 231 , no salvage vehicles stored outside the fence 3 All vehicles stored on the site shall be no closer than thirty 30 feet from any property 4 Within a three year period , a solid fence be installed along any property line where vehicles are stored and where no suitable trees or vegetation provides a solid screen 5 Within at three year period , landscaping be installed , where appropriate , to met County landscape standards A solid fence or suitable landscaping along the front of the property be installed within eighteen months 6 No more than 10 vehicles displayed for sale in this area at any given time Board Reports and Comments 5 Report on Waverly Point Subdivision Problem with Flooding Chairman James H Langdon , Jr stated that a committee consisting of himself , Commissioner Allen L Mims , Jr and Commissioner W Ray Woodall , met with a group from Waverly Point Subdivision and Son - Lan Developers to work out the problem of flooding in the subdivision Chairman Langdon stated that a plan has been presented that appears to satisfy everyone The committee will follow up on this matter to make sure it meets the needs of everyone 6 Transportation Committee Recommends Johnston County Join Rural Planning Organization Commissioner Fred Smith , chairman of the Transportation Committee , introduced Everett Ward , special assistant to Deputy Secretary for Planning and Community Affairs with DOT , Roger Sheats , Deputy Secretary for Environment , Planning and Local Government , and Greg T Godard , Executive Director with Upper Coastal Plain COG Page094 Commissioner Smith stated he and the Transportation Committee have met with DOT officials and recommend Johnston County join the rural planning organization RPO made up of Wilson , Edgecombe and Nash Counties He noted the committee originally considered the possibility of joining the Capital Area Metropolitan Planning Organization CAMPO , but after a great deal of study , the committee feels Johnston County’s interest would be greater served by being a part of the rural organization Being a part of this four county planning organization will impact the funding we can get to improve our road system The County will have to provide a small match , approximately 3,300 This will increase in the future as the counties will be responsible for a 20 match on state funds Johnston County will have four members serving on the RPO a commissioner , two representatives from municipalities , and one citizen interested in transportation Roger Sheats stated that during the past year he has worked throughout the State helping charter rural multi - county organizations to work with the Department of Transportation at the local level Large metropolitan areas have had similar organizations , and it is time for the rural counties to have the same advantages The state will provide 80 of the funding for the first five years to make sure the RPO’s get a good start He noted he has raised much of the 20 matching funds for this year leaving the counties to pay only about 3,300 He stated in the future , DOT will focus on large projects and will be transferring some of the decision making , responsibility and money for other road improvements over to the local level In response to a question from Commissioner Moore concerning who would take the leadership role , Mr Sheats explained this is up to the group , however , the other three counties , who have been looking at this for some time , have been working with Greg Godard and the Upper Coastal Plain COG Mr Godard spoke briefly on the proposed infrastructure of the organization He would act as administrator , and he would use part - time planner , Ann Whitley , who is on staff at the COG , to work with DOT engineers Commissioner Cookie Pope asked what would happen after the five years as far as funding is concerned Mr Sheats noted by then the agenda would be in place and it is his belief the funding will be a part of the DOT budget This five year period is to get this program stabilized statewide Hopefully there will be some federal funding as well in the future Following further discussion , Commissioner Fred Smith moved the Board adopt the following resolution going on record in support and commitment for the establishment of the Rural Transportation Planning Organization for the Upper Coastal Plain Planning Area Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Resolution of Support and Commitment from the County of Johnston for the Establishment of a Rural Transportation Planning Organization for The Counties of Edgecombe , Johnston , Nash and Wilson , participating municipalities in the counties and the North Carolina Department of Transportation WITNESSETH WHEREAS , section 135 of Title 23 , United States Code , declares that it is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will serve all areas of the State efficiently and effectively ; and WHEREAS , North Carolina General Statute 136 - 18 was amended by the North Carolina General Assembly by ratification of Senate Bill 1195 on July 6 , 2000 , and this same bill was signed by the Governor on July 14 , 2000 , and subsequently Chaptered , and which Chaptered statute provides for the establishment of Rural Transportation Planning Organizations RPOs , similar in concept to Metropolitan Planning Organizations RPOs for transportation planning in North Carolina’s urban areas ; and WHEREAS , the establishment of a Rural Transportation Planning Organization RPO , similar in concept to the urban Metropolitan Planning Organization MPO , would provide rural areas the opportunity to work in partnership with the North Carolina Department of Transportation NCDOT toward the development of sound , short and long - range transportation planning for rural areas ; andPage195 WHEREAS , the establishment of a Rural Transportation Planning Organization for the Upper Coastal Plain Planning Area would assist the North Carolina Department of Transportation in complying with the provisions of the Transportation Equity Act for the 21st Century TEA21 , enacted June 9 , 1998 , relative to the participation of local officials and the public in the transportation planning process ; and , WHEREAS , it is the desire of these local governments and agencies to establish a continuing , comprehensive , cooperative transportation planning process with the establishment of a Rural Transportation Planning Organization for the Upper Coastal Plain Planning Area NOW , THEREFORE , BE IT RESOLVED that the Johnston County Board of Commissioners at its September 2002 meeting went on record in support and commitment for the establishment of the Rural Transportation Planning Organization for the Upper Coastal Plain Planning Area This 9th day of September 2002 There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage