July 9, 2001 - 6:30 PM - County Board of Commissioners Meeting Minutes

10 632 July 9 , 2001 6 30 pm - Recessed Meeting The Johnston County Board of Commissioners resumed recessed session of the July 2 , 2001 meeting on Monday , July 9 , 2001 at 6 30 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , John R Massey , Finance Officer , and J Mark Payne , County Attorney In addition , members of the Smithfield Town Council and Library Board of Trustees were present The Chairman called the recessed meeting to order and announced the purpose for the continuation of meeting was for the Board to meet with the Smithfield Town Council concerning the bids for the Library Expansion and Belks Renovation project 1 Discussion on Bids Received for the Expansion of the Library and Renovation of Belks Building Architect Bill McClurg briefly reviewed with the Board the background on the project , which includes expanding the Public Library by using the two - story portion of the old Belks building , which is adjacent to their existing structure , and renovating the older one - story portion of the building for office space for several County agencies Mr McClurg noted the bids came in over the projected costs , and the mechanical HVAC contract was rebid to bring the project closer to the estimate The cost , based on the negotiated bids , would be just a little over 35 per square foot , which he maintained was a good price in today’s market Commissioner Thomas M Moore asked Mr McClurg why the huge difference in the estimated general contract cost for the County offices in the amount of 161,800 , and the now stated cost , based on the bids , of 422,800 Other Board members also asked for some explanation of this major increase in that one area of the project Mr McClurg noted the mechanical work turned out to be more than first anticipated , and this impacted the electrical contract costs As for the general contract , he stated he had no explanation Commissioner Wade M Stewart asked if the County agencies had made significant changes in the original plan which would justify the higher cost County Manager , Rick Hester , replied the County made only a few minor changes , including moving a wall approximately 6 feet In discussion it was determined the breakout for the general contract , based on the bids , needed further explanation before any action could be taken The two boards agreed to meet again early in August There being no further comments , Commissioner Cookie Pope moved the Board adjourn the recessed meeting Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote July 9 , 2001 7 00 pm - Regular Meeting The Johnston County Board of Commissioners met in regular session , Monday , July 9 , 2001 , at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Wade M Stewart , Allen L Mims , Jr , Thomas M Moore , Fred Smith and W Ray Woodall Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , John R Massey , Finance Officer , and J Mark Payne , County AttorneyPage633 The Chairman called the meeting to order and the following business was transacted Public Comments There were no public comments at this time 1 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - June 26 , 2001 and July 3 , 2001 in the Smithfield Herald - Certified letters were mailed to adjoining property owners on June 27 , 2001 and notices posted at the locations on June 26 , 2001 The Chairman opened the public hearing and invited interested persons to make comments on the following cases Dave Roesler , Interim Planning Director , introduced rezoning Case 547 for the rezoning of 45 acres on NC 50 south of Meadow Township from Agriculture Residential to Agriculture Residential , Special Use District for a telecommunications tower At the request of the Board , the Chairman closed the public hearing to hear a motion concerning this case and Case 522 Motion to Table Rezoning Case 547 and 552 Concerning Cellular Towers Case 547 Petition to rezone approximately 45 acres located on NC 50 South in Meadow Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Carlton Barefoot and Edith Barefoot ; Applicant SBA Properties , Inc , Randy Mundt Case 552 Petition to rezone approximately 303 acres located on NC 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Peggy Flowers ; Applicant Atlantic Site Development , Todd Mooring Commissioner Allen L Mims , Jr , moved the Board table cell tower rezoning cases 547 and 552 until after Trigon , the consulting firm the County hired to study cell towers in the County , completes their study and are prepared to assist the Board in making wise decisions on these applications Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman Re - Opened the Rezoning Public Hearing Case 550 Petition to rezone approximately 59 acres located on Medlin Road SR 1715 in Wilders Township from Agricultural Residential to Community Business - Special Use District Owner Nancy Spell Rozier ; Applicant Eric Rozier Mr Roesler indicated the property on the GIS Map and noted it is located near Buffalo Road and Lake Wendell Road at the Wake County line Surrounding zoning is Agricultural Residential , Community Business and General Business , and the nearest residence is approximately 1000 feet from the site Larry Rozier spoke on behalf of his wife and son , who are the property owner and applicant respectively He provided information about the proposed use of the property as a recreational sport paint ball field , which will be used only by organized groups who reserve the field in advance He noted a refreshment tent will be set up during games to sell snacks and refreshments , and no alcoholic beverages will be allowed Staff will consist of off duty firemen or policemen , who will be present at all times All activity will be carried out in accordance with the regulations of the American Paint Ball Association Mr Roesler stated the Planning Board recommended approval of this rezoning The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 550 Case 550 Petition to rezone approximately 59 acres located on Medlin Road SR 1715 in Wilders Township from Agricultural Residential to Community Business - Special Use District Owner Nancy Spell Rozier ; Applicant Eric Rozier Page634 Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 550 for owner , Nancy Spell Rozier and applicant , Eric Rozier of approximately 59 acres located on Medlin Road SR 1715 in Wilders Township from Agricultural Residential to Community Business - Special Use District The Chairman Opened the Public Hearing on Special Use Permit Requests and invited anyone who wished to address the Board on Case 550 Case 550 Special use permit application for a recreational paint ball field on approximately 59 acres located on Medlin Road SR 1715 in Wilders Township Owner Nancy Spell Rozier ; Applicant Eric Rozier Those wishing to speak on Case 550 were sworn in by the Clerk to the Board Mr Roesler explained this request is for a paint ball field He presented the following summary of evidence on this request for a Special Use Permit A pre - application hearing was held with the applicant on April 18 , 2001 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 twelve 12 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 May 15 , 2001 , the Johnston County Planning Board held a public meeting regarding this case , and based on the following findings of fact and special conditions , recommended approval of rezoning to Agricultural Residential - Special Use District by unanimous vote Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 No lighting or night activity 6 Play area clearly marked 2 Owner supervised play only 7 Environmental approval 3 Play by reservation only 8 Canopy concession 4 Hours of operation Daylight hours only 9 Maximum participants - 40 persons 5 Days of operation Monday - Sunday 10 Signage Not larger than three square feet , no taller than three feet Page635 Commissioner Allen L Mims , Jr asked applicant , Eric Rozier , how many paint balls will be sold to a participant , and what happens if a person is put out of the game before using all his paint balls Mr Rozier explained that participants take part in several games before leaving the field The number of paint balls sold would depend on the experience of the participant The more experienced players use fewer paint balls than inexperienced participants Commissioner Fred Smith asked Mr Rozier if he would have a problem ending this activity one hour before dark Mr Rozier stated that would be acceptable to him The Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 550 Case 550 Special use permit application for a recreational paint ball field on approximately 59 acres located on Medlin Road SR 1715 in Wilders Township Owner Nancy Spell Rozier ; Applicant Eric Rozier Commissioner Thomas M Moore moved the Board authorize the Planning Department to issue a special use permit to owner , Nancy Spell Rozier , and applicant , Eric Rozier , for a recreational paint ball field on approximately 59 acres located on Medlin Road SR 1715 in Wilders Township , based on the findings of fact and the recommended conditions of the Planning Board Commissioner Cookie Pope seconded the motion Commissioner Fred Smith asked that the motion be amended to change the condition concerning the hours of operation to state that game activity is to stop at sunset Commissioners Moore and Pope agreed and the amended motion carried by unanimous vote , based on the following findings of facts and conditions Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 No lighting or night activity 6 Play area clearly marked 2 Owner supervised play only 7 Environmental approval 3 Play by reservation only 8 Canopy concession 4 Hours of operation Daylight hours only 9 Maximum participants - 40 persons with operation to stop at sunset 10 Signage Not larger than three square 5 Days of operation Monday - Sunday feet , no taller than three feet The Chairman Re - opened the Rezoning Public Hearing Case 551 Petition to rezone approximately 300 acres located on Old Stage Road North in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owner H G Taylor ; Applicant Andy Nelson Mr Roesler indicated the property on the GIS Map and noted it is located on Old Stage Road near the Wake County and Harnett County lines The property is accessed through Harnett County , but the area for the special use permit is in Johnston County The surrounding zoning is Agricultural Residential and Mobile Home Park District Applicant Andy Nelson , who lives at 7382 Old Stage Road , requested the Board rezone the property to a special use district so he and his wife , graduates of the animal science department at NCSU , can operate a boarding kennel for dogs and cats He noted there is a need in the area for this type of business , and the proposed site would be well away from the road with natural barriers in place The kennel will have its own septic system , will meet all codes , and will be regulated by the State Animal Welfare Act A local veterinarian has agreed to treat the animals if needed PagePage pageNumber5636 Maria Price of 559 North Raleigh Street , Angier , stated she is a professional dog groomer in the area and can validate the need for an additional boarding kennel in the area Mr Roesler stated the Planning Board recommended approval of this case The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 551 Case 551 Petition to rezone approximately 300 acres located on Old Stage Road North in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District Owner H G Taylor ; Applicant Andy Nelson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 551 for owner , H G Taylor and applicant , Andy Nelson of approximately 300 acres located on Old Stage Road North in Pleasant Grove Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - Opened the Public Hearing on Special Use Permit Request Case 551 Special use permit application for a commercial kennel on approximately 300 acres located on Old Stage Road North in Pleasant Grove Township Owner H G Taylor ; Applicant Andy Nelson Those wishing to speak on Case 551 were sworn in by the Clerk to the Board Mr Roesler introduced the special use permit case and entered the following summary of evidence in the record A pre - application hearing was held with the applicant on April 20 , 2001 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 twelve 12 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 May 15 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and based on the following findings of fact and special conditions , recommended approval of rezoning to Agricultural Residential - Special Use District by unanimous vote Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines PagePage pageNumber6637 Special Conditions 1 Solid barrier fence to be built the width of the kennel 2 Days and hours of operation 7 30 am - 5 30 pm Monday - Friday 7 30 am - 1 00 pm Saturdays and 2 00 pm - 3 00 pm Sundays 3 All dogs and or cats must be kept indoors from 5 30 pm - 7 30 am daily 4 Maximum number of dogs and or cats at one time 22 Applicant Andy Nelson stated he plans to build a solid fence in front of the kennel , which will completely separate the facility from both a large barn and his house , which are situated between the kennel and the road He noted the facility will house 22 dogs , not counting cats , and asked the Board to consider amending the Planning Board’s condition concerning the maximum number of animals allowed The Chairman Recessed the Public Hearing on Special Use Permit Decision On Application for Special Use Permit - Case 551 Case 551 Special use permit application for a commercial kennel on approximately 300 acres located on Old Stage Road North in Pleasant Grove Township Owner H G Taylor ; Applicant Andy Nelson Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit to owner , H G Taylor and applicant , Andy Nelson for a commercial kennel on approximately 300 acres located on Old Stage Road North in Pleasant Grove Township , based on the following findings of facts and conditions Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 Solid barrier fence to be built across the front of kennel 2 Days and hours of operation 7 30 am - 5 30 pm Monday - Friday 7 30 am - 1 00 pm Saturdays and 2 00 pm - 3 00 pm Sundays 3 All dogs and or cats must be kept indoors from 5 30 pm - 7 30 am daily 4 Maximum number of dogs at any given time would be 22 and 22 cats The Chairman Re - opened the Rezoning Public Hearing Case 553 Petition to rezone approximately 250 + - acres located on US 70 Business West in Clayton Township from General Business to Industrial 2 Owner Rufus Brown ; Applicant Harold Trogden Mr Roesler pointed out the property on the GIS Map and noted it is located on US 70 Business near Sadisco Road The surrounding zoning is General Business , Industrial , and Mobile Home Park , with a small non - conforming Mobile Home Park also in the area He noted that a year ago , the Board denied a request to rezone this property as a special use district for a mulching operation Applicant Harold Trogden , owner of Trogden Masonry , who lives at 2125 - A Swift Creek Road , stated he wants to put in a small ready - mix concrete operation on this site He noted in his business he often has a need for a small order of concrete , and the large concrete companies in the County run only the large trucks and do not take small orders He would use smaller trucks approximately 2 - ton which would allow delivery to neighborhoods without a fear of cracking sidewalks and driveways , etc Mr Roesler stated the Planning Board recommended approval The Chairman Recessed the Rezoning Public HearingPagePage pageNumber7638 Decision on Rezoning Case 553 Case 553 Petition to rezone approximately 250 + - acres located on US 70 Business West in Clayton Township from General Business to Industrial 2 Owner Rufus Brown ; Applicant Harold Trogden Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 553 for owner , Rufus Brown and applicant , Harold Trogden of approximately 250 acres located on US 70 Business West in Clayton Township from General Business to Industrial 2 The Chairman Re - opened the Rezoning Public Hearing Case 554 Petition to rezone approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential - Special Use District Daycare Center , to Agricultural Residential Owner and Applicant Gay Nell Rooney Mr Roesler stated that Nell Rooney came before the Board about 1 ½ years ago to have the property rezoned as a special use permit for a daycare center , but found that this was not a feasible endeavor Ms Rooney is requesting that the property revert back to Agricultural Residential The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 554 Case 554 Petition to rezone approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential - Special Use District Daycare Center , to Agricultural Residential Owner and Applicant Gay Nell Rooney Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 554 for owner and applicant , Gay Nell Rooney of approximately 126 acres located on Denning Road SR 1168 in Banner Township from Agricultural Residential - Special Use District Daycare Center , to Agricultural Residential The Chairman Re - opened the Special Use Permit Hearing - Case 561 Case 561 Special use permit application for the storage of propane gas tanks and plumbing supplies on approximately 325 acres located at the intersection of NC 242 and Dragstrip Road SR 1107 in Banner Township Owner and Applicants Cleveland McLamb and Hazel McLamb Mr Roesler stated that Case 561 originated as a map amendment request to change the zoning to Industry I based on the existing use since before zoning was adopted in the County The Board , at their June 11 , 2001 meeting , approved a zoning designation of I - 1 Special Use District and instructed staff to advertise the case for a special use permit for storage of propane gas , plumbing supplies , and other materials associated with hardware store The property is located at the intersection of NC 242 and Dragstrip Road Cleveland McLamb stated he has been operating at this location for many years and did not realize the property was improperly zoned until he decided to build an addition to his small office He questioned why this needed to be a special use , and stated he would not want it limited so that he can not store hardware supplies at the location Phyllis Hicks , Zoning Enforcement Officer , explained the special use would not allow someone in the future to use the property for other Industry I uses without coming back to the Board It was further explained that the way the request is written , the storage of supplies and materials associated with the hardware business would be permitted The Chairman Closed the Special Use Permit Hearing Decision on Special Use Permit Case 561 Case 561 Special use permit application for the storage of propane gas tanks and plumbing supplies on approximately 325 acres located at the intersection of NC 242 and Dragstrip Road SR 1107 in Banner Township Owner and Applicants Cleveland McLamb and Hazel McLamb PagePage pageNumber8639 Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to owner and applicants , Cleveland and Hazel McLamb for the storage of propane gas tanks , plumbing supplies , and other materials related to the hardware business on approximately 325 acres located at the intersection of NC 242 and Dragstrip Road SR 1107 in Banner Township based on the following findings of facts Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of facts 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines 2 Public Hearing - Proposed Amendments to Development Ordinance - Article 4 & 5 Advertised June 22 , 29,2001 in The Smithfield Herald The Board considered proposed amendments to the Development Ordinance - Article 5 , Section 1051 - Roads and Article 4 , Section 413 Minimum Building Setback Requirements and correlating sections of the ordinance Mr Roesler stated these amendments are proposed based on discussions the Board had some months ago concerning the paving of new roads , and setback requirements from an access easement Concerning roads , currently the Development Ordinance requires that private roads with less than 10 dwelling units must meet NCDOT subbase standards , and private roads with over 10 dwelling units must meet the same standards and be paved This amendment would require that all new roads in major subdivisions more than two dwelling units be built and paved to NCDOT standards James Lipscomb from Clayton suggested this could be a problem when land is subdivided for families If a man wants to give three of his children a lot on his farm , it would be a major subdivision and fall under this requirement He suggested there should be something in the ordinance to handle family situations Board members agreed this might be something that happens occasionally , and they may have to look at individual cases as they come up , but overall the effect on the County would be positive Commissioner Fred Smith pointed out the County is moving more and more to urbanization , and subdivisions with unpaved roads create problems for everyone Sonny Johnson , 341 Sonny Road , Clayton , noted he has always been in favor of paved roads , but suggested there are ways to build and pave roads that will last without building them to DOT standards In response , it was pointed out , however , that NCDOT , will only take over the maintenance of roads that meet their standards , and in most cases , this is better for everyone concerned The Chairman recessed the Public Hearing Decision on Amendment to Development Ordinance - Article 5 , Section 1051 - Roads Commissioner Fred Smith moved the Board adopt the following amendment to the Johnston County Development Ordinance , Article 5 , Section 1051 - Roads , as recommended by the Planning Board Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Article 5 51051 Roads The arrangement , character , extent , width , grade , and location of all roads should be designed in relation to existing and proposed transportation patterns , topographical and other natural features , public convenience and safety and proposed uses of lands to be served by such roads and existing and potential land uses in adjoining areas PagePage pageNumber9640 Private roads not within a minor subdivision or planned unit development shall 1 Be limited to a non - through road ; 2 Shall be paved ; provide access to no more than ten 10 occupied residential dwellings on an unpaved road Note More than 10 occupied dwelling units can be located on a paved private road 3 Shall meet the road construction standards for a private road as set out in the County design manual ; and , 4 That a homeowners association , or a road maintenance agreement be established to assure proper maintenance The Chairman Re - opened the Public Hearing The Board discussed a second proposed amendment concerning building setback requirements from access easements Mr Roesler explained that currently the Development Ordinance does not contain specific requirements regarding building setbacks from an access easement Based on the belief that an access easement functions as a road , street or driveway providing vehicular access to other parcels of land , the Planning Board’s proposed amendment would establish the setback at 25 feet , which would make it consistent with other setback requirements The Chairman Closed the Public Hearing Decision on Amendment to the Development Ordinance - Article 4 , Section 413 - Minimum Building Setback Requirements Upon a motion by Commissioner Fred Smith , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board adopted the following amendment to the Johnston County Development Ordinance , Article 4 concerning minimum building setback requirements , and make the appropriate revisions to related sections of the Ordinance , as recommended by the Planning Board Article 4 Agricultural Residential District AR Article 4 , Section 413 Add item number 5 to 4413 a 5 From any access easement - twenty - five 25 feet Add item number 5 to 4413 b 5 From any access easement - twenty - five 25 feet Resort Residential District RR Add item e to 4425 The minimum building setback shall be as follows a From any arterial or collector street - sixty 60 feet b From any local street not in a resort residential project - fifty 50 feet c From any local street within a resort residential project - ten 10 feet d From any interior lot line - twenty 20 feet e From any access easement - twenty - five 25 feet Office and Institutional District OI Add d to 4453 d From any access easement - twenty - five 25 feet General Business District GB Add e to 4463 e From any access easement - twenty - five 25 feet Community Business District CB Add e to 4474 e From any access easement - twenty - five 25 feet Page0641 Industrial - 1 District I - 1 Add e to 4483 e From any access easement - twenty - five 25 feet Industrial - 2 District I - 2 Add e to 4494 e From any access easement - twenty - five 25 feet Interstate Highway Interchange District IHD Add e to 4536 e From any access easement - twenty - five 25 feet Municipal transition District MTD Add 3 to 4551 c 3 From any access easement - twenty - five 25 feet 3 Proposed Changes to Outdoor Advertising Regulations - Scheduling of Public Hearing Postponed At the suggestion of Commissioner Allen L Mims , Jr , the Board agreed to postpone scheduling a public hearing on proposed changes to the outdoor advertising regulations until the County hears the outcome of two related court cases Board Reports and Comments 4 Collection of Delinquent Taxes Commissioner Fred Smith asked for an update on the collection of delinquent taxes The County Attorney noted the process is underway and the County is moving fairly quickly in collecting the oldest accounts first and moving forward until all accounts are up to date 5 Purchase of Property near County Landfill Chairman James H Langdon , Jr , stated the County plans to purchase two properties near the County landfill for the purpose of preserving and enhancing the County’s solid waste program , and providing substantial buffer for the future He noted a more detailed conceptual design will be made available at a future date Following the Chairman’s comments , Commissioner Thomas M Moore moved the Board purchase 52792 acres of land , located off NC 210 in Smithfield Township , known as the Heavner Holding Property , at a cost of 8,250 per acre for a total cost of 4,335,340 , and purchase 5616 acres on County Home Road in Smithfield Township from Braxton Langdon at a cost of 8,250 per acre for a total cost of 463,363 ; both purchases to be paid from the County Solid Waste Enterprise funds Commissioner Moore further moved the Board instruct the County Manager to immediately initiate the application process for rezoning the larger tract of 52792 acres to the appropriate zoning designation Commissioner Fred Smith seconded the motion , which carried by unanimous vote 6 Inventory Reimbursement Expected from the State It was announced the State has notified Counties the Inventory tax reimbursement payment , which was withheld by the State because of their budget difficulties , has been released and the County should receive the money soon There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage