January 3, 2021 - 10:00 am - County Board of Commissioners Meeting Minutes

10 721 Meeting of the Johnston County Board of Commissioners January 4 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 4 , 2021 at 6 00 pm in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Items Tabled Per the request of staff , upon a motion by Commissioner Larry Wood , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board tabled the Public Hearing for the Residential Sewer Service Policy Modifications until the January 20 , 2021 6 00 pm meeting Per the request of the applicant , upon a motion by Commissioner Larry Wood , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board tabled Rezoning Case 20 - 31 Petition to rezone an 118 acre tract located in the 3000 block of Federal Road in Elevation Township from Industrial 1 I - 1 to Industrial 2 I - 2 Tax ID 07F08105B Owner WE Blackmon Applicant Timothy Eldridge until the February 1 , 2021 6 00 pm meeting 2 Public Comment A Recognition of Retiring 911 - Communications Director Jason Barbour County Manager Rick Hester recognized 911 - Communications Director Jason Barbour who will be retiring effective February 1 , 2021 and spoke on his service and dedication to Johnston County Mr Hester stated that Mr Barbour became the Director of 911 in 2000 and since that time , he has led the department to become a state - of - the - art center with an outstanding team Mr Hester thanked Mr Barbour for all he has done for Johnston County and wished him well in his retirement Mr Barbour shared his thoughts with the Board and stated it has been an honor and blessing to work for Johnston County and that he has had an awesome team working with him Mr Barbour stated a lot of things have changed in Johnston County over the years but they have always worked to make sure that when a citizen calls 911 , that citizen will get help in some form or fashion Mr Barbour thanked the Board and Mr Hester for putting their trust in him Commissioner Patrick E Harris stated having worked on the other side of the radios for close to 30 years , it was truly a blessing to have such a great team of professionals and there have been countless lives saved in Johnston County as a result of Mr Barbour and his team Commissioner Harris stated Mr Barbour is a true professional and it has been an honor to work with him Commissioner Harris also stated Mr Barbour is leaving the operation with an outstanding group of people who will continue that great tradition that Johnston County has enjoyed for many years Commissioner Ted G Godwin stated other than clean water and breathable air , people probably take 911 for granted more than anything else Commissioner Godwin stated when people call 911 in Johnston County , they can be assured that someone will answer which is a tribute to Mr Barbour and his entire team Commissioner Fred J Smith , Jr spoke on his longtime friendship with Mr Barbour and stated Mr Barbour has been a special person to his family as well as the Clayton Community Commissioner Smith thanked Mr Barbour for all he has done for Johnston County Chairman Chad M Stewart stated although the Board hates to see Mr Barbour go , they are happy for him on his retirement Chairman Stewart thanked Mr Barbour for his service to Johnston County ChairmanPage722 January 4 , 2021 – 6 00 pm Continued Stewart stated the Commissioners are not always able to take the time to properly thank the County staff and check in on them just to see how they are doing or if they have any concerns , but he would like to say thank you to 911 and all the departments especially during this difficult time with the COVID - 19 Pandemic Mr Hester also recognized 911 - Communications Assistant Director Brett Renfrow and stated Mr Renfrow would be moving into the Director position once Mr Barbour retires Mr Renfrow expressed his appreciation to Mr Barbour and agreed that the 911 - Communications Department is an incredible team Mr Renfrow spoke on his time working with Mr Barbour and stated in all their work together over the years , in everything they did , they always had the people of Johnston County at heart 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – December 25 , 2020 and January 1 , 2021 ; The Johnstonian News and The News in Review – December 23 , 2020 and December 30 , 2020 Certified letters were mailed to adjoining property owners on December 18 , 2020 Notices were posted at the locations on October 7 , 2020 for Case 20 - 30 ; and November 3 , 2020 for Cases 20 - 31 , 20 - 32 , 20 - 33 , and 20 - 34 The Chairman opened the Rezoning Hearing for Case 20 - 30 Case 20 - 30 Petition to rezone a 1213 acre tract located at 485 Clayton Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13C04037C Owner Jennifer & Cyrus Holbrook Applicant Raynor Builders Inc Planning Director Braston Newton stated the petition is to rezone a 1213 acre tract located at 485 Clayton Road in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Newton stated the special use request associated with the rezoning is to allow for a wedding and event venue Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; and Industrial 2 – Special Use District for industrial purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Newton stated the traffic count for this portion Clayton Road was unavailable and does not appear on the transportation plan as needing improvement Owner Cyrus Holbrook requested the Board to approve the rezoning and offered to answer any questions He stated they would like to convert an existing barn on the property for wedding and event space Upon questions by Commissioner Butch Lawter , Mr Holbrook stated in addition to the existing barn , there is a garage on site that is used as a maintenance facility for their farm equipment Mr Holbrook stated he is the nearest resident to the subject site There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 30 Decision on Rezoning Case 20 - 30 Case 20 - 30 Petition to rezone a 1213 acre tract located at 485 Clayton Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13C04037C Owner Jennifer & Cyrus Holbrook Applicant Raynor Builders Inc Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 30 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote Page723 January 4 , 2021 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 20 - 30 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a 1213 acre tract identified as tax Tag ID 13C04037C located at 485 Clayton Road in the Pleasant Grove Township , from Agricultural Residential to General Business - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed land use is compatible with the surrounding area given that certain prescribed development conditions are met 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business – Special Use District GB - SUD th Adopted this the 4 day of January , 2021 The Chairman opened the Special Use Hearing for Case 20 - 30 Case 20 - 30 To allow for a wedding and event venue Owner Jennifer & Cyrus Holbrook Applicant Raynor Builders Inc Those wishing to speak on Special Use Case 20 - 30 were affirmed by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a wedding and event venue Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 20 - 30 on August 31 , 2020 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements Page724 January 4 , 2021 – 6 00 pm Continued ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On October 20 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 30 and made the following recommendations Upon a motion by Ms Holmes to approve Rezoning Case 20 - 30 , seconded by Mr Caldwell , Rezoning Case 20 - 30 was approved by a unanimous vote of 5 - 0 at the October 22 , 2020 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 20 - 30 , seconded by Ms Holmes , the Special Use Conditions for Rezoning Case 20 - 30 were approved by a unanimous vote of 5 - 0 at the October 22 , 2020 Planning Board Meeting Finding of Facts for the Special Use Permit 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 ; Applicant The event venue will be of little disruption to the surrounding community The venue is tucked back into the 12 plus acre lot , with the neighboring acreage the personal residence 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The development of the event venue will follow all county state federal guidelines The existing dwelling will be inspected for compliance as well 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 ; Applicant The venue will not change the property values It will be at a distance from existing homes The maximum number of occupancy is 125 with a projected occupancy of 75 - 100 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The event venue will be an enhancement to Johnston County It will bring exposure to local business The venue will promote and utilize local vendors and businesses , build a local network Specific Land Uses APPLICANT Wedding and event venue Special Use Conditions 1 Permitted Uses Wedding and Event center 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36 sqft 7 Hours of operation shall be limited to Monday – Sunday 7 00am - 2 00am 8 Environmental Health regulations must be adhered to for any food preparation or sales 9 Any lighting will be engineered so as to be dark sky and not to shine on adjacent properties Mr Newton noted the special use conditions for the Board’s consideration Owner Cyrus Holbrook offered to answer any questions At the inquiry of Commissioner Tony Braswell , Mr Holbrook stated the use will primarily be for weddings , but they may also rent it for small social gatherings Commissioner Ted G Godwin asked about the use of music or bands Mr Holbrook responded that they would comply with the Johnston County Noise Ordinance Commissioner Braswell asked about the hours of operation Mr Holbrook responded that they would not have a band or music playing until 2 00 am and reiterated that they would comply with the noise ordinance Mr Holbrook stated they also do not plan to hold events as early as 7 00 am ; however , they requested those hours so renters would be able to come in early and decorate There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions PagePage pageNumber5725 January 4 , 2021 – 6 00 pm Continued Commissioner Godwin stated he would like to have a condition added referencing compliance with the noise ordinance At the inquiry of Commissioner Butch Lawter , Mr Holbrook stated he had no objection to the condition being added for the noise ordinance There being no further comments , the Chairman recessed the Special Use Hearing for Case 20 - 30 Decision on Special Use Case 20 - 30 Case 20 - 30 To allow for a wedding and event venue Owner Jennifer & Cyrus Holbrook Applicant Raynor Builders Inc Based on the following findings of facts and revised special use conditions adding a condition regarding the noise ordinance , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 20 - 30 to allow for a wedding and event venue on a 1213 acre tract located at 485 Clayton Road in Pleasant Grove Township Commissioner Patrick E Harris seconded the motion , which carried unanimously Finding of Facts for the Special Use Permit 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 ; The event venue is tucked back into the 12 plus acre lot , with the neighboring acreage the personal residence A Class B buffer will provide additional screening from noise All light from the venue will be engineered as to be dark sky and not to shine on adjacent properties The venue must comply with rules enforced by local , state , and federal agencies Site specific development plans are required and must meet all development approval regulations 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The development of the event venue will follow all county state federal guidelines The existing dwelling will be inspected for compliance as well Site specific development plans are required and must meet all development approval 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 ; Property values will be maintained The event venue is tucked back into the 12 plus acre lot with good distance from existing homes The maximum number of occupancy is 125 with a projected occupancy of 75 - 100 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The request is consistent with the Comprehensive Land Use Plan Goal 3A Business and Economic Development The proposed use would benefit the community and the conditions will ensure that the request is compatible with the surrounding area and not negatively impact the public The venue will bring exposure to local business The venue will promote and utilize local vendors and businesses and build a local network Specific Land Uses APPLICANT Wedding and event venue Special Use Conditions 1 Permitted Uses Wedding and Event center 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36 sqft 7 Hours of operation shall be limited to Monday – Sunday 7 00am - 2 00am 8 Environmental Health regulations must be adhered to for any food preparation or sales 9 Any lighting will be engineered so as to be dark sky and not to shine on adjacent properties 10 Shall comply with Chapter 12 , Article 11 - Noise , of the Johnston County Code of Ordinances The Chairman reopened the Rezoning Hearing for Case 20 - 32 Case 20 - 32 Petition to rezone a 2048 acre tract located at 8035 NC HWY 222 in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11O03062A Owner Glenys Yovany Teruel Applicant Glenys Yovany Teruel Planning Director Braston Newton stated the petition is to rezone a 2048 acre tract located at 8035 NC Hwy 222 in O’Neals Township from Agricultural Residential to General Business - Special Use District Mr Newton stated the special use request associated with the rezoning is to allow for an auto repair and body shop PagePage pageNumber6726 January 4 , 2021 – 6 00 pm Continued Mr Newton stated the site is currently zoned Agricultural Residential and is vacant The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; Community Business and used for a gas station convenience store ; and General Business – Special Use District and used for an office building The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low levels of growth pressures are anticipated over the next 20 years Mr Newton stated the traffic count for this portion of NC Hwy 222 is 2,500 vehicles per day as of 2019 and it appears on the transportation plan as an existing major thoroughfare with adequate design capacity Owner and Applicant Glenys Yovany Teruel , speaking through an interpreter , informed the Board that he wants to have an auto repair and body shop There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 20 - 32 Decision on Rezoning Case 20 - 32 Case 20 - 32 Petition to rezone a 2048 acre tract located at 8035 NC HWY 222 in O’Neals Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 11O03062A Owner Glenys Yovany Teruel Applicant Glenys Yovany Teruel Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 32 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 32 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 11O03062A located at 8035 NC Hwy 222 2048 acre in the O’Neals Township from Agricultural Residential to General Business - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3A Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because PagePage pageNumber7727 January 4 , 2021 – 6 00 pm Continued a Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business - Special Use District GB - SUD Adopted this the 4th day of January , 2021 The Chairman reopened the Special Use Hearing for Case 20 - 32 Case 20 - 32 To allow for auto repair and body shop Owner Glenys Yovany Teruel Applicant Glenys Yovany Teruel Those wishing to speak on Special Use Case 20 - 32 were affirmed by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for auto repair and a body shop Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 20 - 32 on October 1 , 2020 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 17 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 32 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 20 - 32 , seconded by Mr Caldwell , and carried by a unanimous vote of 6 - 0 , Rezoning Case 20 - 32 was approved at the November 17 , 2020 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 20 - 32 with the addition to Condition # 9 raising the number to 15 , seconded by Mr Caldwell , the Special Use Conditions for Rezoning Case 20 - 32 were approved by a unanimous vote of 6 - 0 at the November 17 , 2020 Planning Board Meeting Findings of Facts and Special Use Conditions 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 ; Applicant The development will meet all design standards and will be maintained in a manner that promotes public health , and safety for employees and the general safety and welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The development will comply with all county , 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 ; Applicant The development will be constructed in a manner that is appealing to the community and enhances the current land use 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The development will be constructed to meet all building codes embodied in the county land development code Specific Land Uses APPLICANT Auto repair and Body shop Special Use Conditions 1 Permitted Uses Auto Repair and Body Shop 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubsPagePage pageNumber8728 January 4 , 2021 – 6 00 pm Continued every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Saturday , 6 00 am until 9 00 pm 7 Signage must comply with the County’s sign code 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Outdoor storage of vehicles awaiting repair or to be picked up by owner is limited to 15 Item in bold was added by the Planning Board during the PB meeting Mr Newton noted the special use conditions for the Board’s consideration and pointed out the condition added by the Planning Board Owner and Applicant Glenys Yovany Teruel , speaking through an interpreter , informed the Board that he would comply with the special use conditions as well as all rules , regulations , and ordinances of Johnston County There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 20 - 32 Decision on Special Use Case 20 - 32 Case 20 - 32 To allow for auto repair and body shop Owner Glenys Yovany Teruel Applicant Glenys Yovany Teruel Based on the following findings of facts and special use conditions as listed below , Commissioner Patrick E Harris moved the Board authorize the Planning Department to issue a special use permit for Case 20 - 32 to allow for auto repair and a body shop on a 2048 acre tract located at 8035 NC Hwy 222 in O’Neals Township Commissioner Ted G Godwin seconded the motion , which carried unanimously Findings of Facts and Special Use Conditions 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 ; The development will meet all design standards and will be maintained in a manner that promotes public health , and safety for employees and the general safety and welfare of the community A Class B buffer will be installed along all rezoning areas and the outdoor storage of vehicles awaiting repair or to be picked up by owner will be limited 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The development will comply with all county , state , and federal regulations Site specific development plans are required and must meet all development approval 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 ; The development will be constructed in a manner that is appealing to the community and enhances the current land use Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure the use is compatible with the surrounding area and will not negatively affect the public 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The development will be constructed to meet all regulations contained in the county land development code Site specific development plans will ensure that the use meets the standards and development policies set by Johnston County Specific Land Uses APPLICANT Auto repair and Body shop Special Use Conditions 1 Permitted Uses Auto Repair and Body Shop 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences PagePage pageNumber9729 January 4 , 2021 – 6 00 pm Continued 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Saturday , 6 00 am until 9 00 pm 7 Signage must comply with the County’s sign code 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Outdoor storage of vehicles awaiting repair or to be picked up by owner is limited to 15 The Chairman reopened the Rezoning Hearing for Case 20 - 33 Case 20 - 33 Petition to rezone 15 acres of a 112 acre tract located at 5644 Zack’s Mill Rd in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D05009C Owner Linwood Sanders Applicant Linwood Sanders After determining that the applicant was not present for Case 20 - 33 , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Butch Lawter , and carried unanimously , the Board tabled Case 20 - 33 until the February 1 , 2021 6 00 pm meeting The Chairman reopened the Rezoning Hearing for Case 20 - 34 Case 20 - 34 Petition to rezone 1349 acres of a 5842 acre tract located at dead end of Buckleberry Rd in Boon Hill Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 04M14046F , 04P13035 , 04P13037 , & 04P13035A Owner D & P Land LLC Applicant Mideast Materials LLC After determining that the applicant was not present for Case 20 - 34 , upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board tabled Case 20 - 34 until the February 1 , 2021 6 00 pm meeting 4 Public Hearing – Land Development Code Amendment Advertised The News & Observer Friday Zone Edition – December 25 , 2020 and January 1 , 2021 ; The Johnstonian News and The News in Review – December 23 , 2020 and December 30 , 2020 The Chairman opened the public hearing Planning Director Braston Newton stated the purpose of the public hearing is to receive public comment on a proposed amendment to the Land Development Code , Article III – Subdivisions , Division 2 , Section 14 - 155 c Mr Newton submitted the proposed amendment to the Board , as follows Sec 14 - 155 - Standards for design of noncommercial lots in a minor subdivision Lots created pursuant to these provisions shall meet the following minimum design standards a Minimum land area need to subdivide a lot is 137 acres based on a 145 - unit - per - acre density 30,000 square feet minimum lot size for lots served by public water , or 2 acres based on one - unit - per - acre density for lots served by well and septic 40,000 square feet minimum lot size Minimum land area needed to subdivide a lot in the Water Supply Watershed Protection District or Environmentally Sensitive Area District is 2 acres based on 1 unit per acre density 40,000 square feet minimum lot size for lots served by public water or well b Lots shall front on an existing public right - of - way , have access to an existing access easement , or have an easement created to serve the lots c Lots or residual lots shall not be created as nonbuildable Each lot or residual lot must be reviewed and approved as buildable which must contain a system for wastewater disposal , [ and ] contain sufficient area for all structures to meet building setbacks Nonbuildable lot exception lots in which no buildable area exists due to scale and extent of hydrological features such as ponds , wetlands , floodway zones , or riparian buffers Mr Newton stated the purpose of the amendment is to eliminate unnecessary delays in the processing of minor subdivision plats , reduce undue stress on resources within the Environmental Health Division , and eliminate issues with consistency as it relates to the enforcement of the current language Mr Newton reported the Planning Board reviewed the proposed amendment at their December 15 , 2020 meeting and recommends approval Commissioner Patrick E Harris reported the Board of Health also reviewed the proposed amendment at their last meeting and recommends approval Page0730 January 4 , 2021 – 6 00 pm Continued Upon questions from Commissioners as it relates to an effective date , County Attorney Jennifer Slusser confirmed that unless otherwise specified in the motion , the amendment would become effective immediately upon approval There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board approved the amendment to the Johnston County Code of Ordinances , as follows Sec 14 - 155 - Standards for design of noncommercial lots in a minor subdivision Lots created pursuant to these provisions shall meet the following minimum design standards a Minimum land area need to subdivide a lot is 137 acres based on a 145 - unit - per - acre density 30,000 square feet minimum lot size for lots served by public water , or 2 acres based on one - unit - per - acre density for lots served by well and septic 40,000 square feet minimum lot size Minimum land area needed to subdivide a lot in the Water Supply Watershed Protection District or Environmentally Sensitive Area District is 2 acres based on 1 unit per acre density 40,000 square feet minimum lot size for lots served by public water or well b Lots shall front on an existing public right - of - way , have access to an existing access easement , or have an easement created to serve the lots c Lots or residual lots shall not be created as nonbuildable Each lot or residual lot must be reviewed and approved as buildable which must contain a system for wastewater disposal , [ and ] contain sufficient area for all structures to meet building setbacks Nonbuildable lot exception lots in which no buildable area exists due to scale and extent of hydrological features such as ponds , wetlands , floodway zones , or riparian buffers 5 Planning Activity Report Planning Director Braston Newton reported it has been an extremely busy year for the Planning Department He stated staff looks forward to beginning the Comprehensive Land Use Plan update with the Planning Board and the Board of Commissioners at their next meetings 6 Manager Reports and Comments None 7 Board Reports and Comments None There being no further business , Commissioner Patrick E Harris moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage