November 2, 2020 - 6;00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 632 Meeting of the Johnston County Board of Commissioners November 2 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 2 , 2020 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 Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted 1 Announcement Regarding Appointments to the Johnston County Airport Authority Chairman Ted G Godwin stated the Board utilized written ballots at the 10 00 am meeting for the Airport Authority appointments Chairman Godwin stated Bentley Powell received the most votes ; however , there was a tie for the second position between Tim Stevens and Paul Forehand Chairman Godwin stated written ballots were prepared to decide the second position and Tim Stevens received the most votes Chairman Godwin stated Bentley Powell is appointed for a term to expire on March 31 , 2024 and Tim Stevens is appointed for a term to expire on April 30 , 2022 Ted Chad Jeff Larry Tony Patrick Butch Godwin Stewart Carver Wood Braswell Harris Lawter TOTALS James Crane 0 Paul Forehand 1 1 1 1 4 Mark Huddleston 0 Bentley Powell 1 1 1 1 1 1 6 Tim Stevens 1 1 1 1 4 Kyle Stevenson 0 Sharon Williams 0 TOTALS 2 2 2 2 2 2 2 14 Ted Chad Jeff Larry Tony Patrick Butch Godwin Stewart Carver Wood Braswell Harris Lawter TOTALS Paul Forehand 1 1 1 3 Tim Stevens 1 1 1 1 4 TOTALS 1 1 1 1 1 1 1 7 2 Public Comment None 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – October 23 and 30 , 2020 ; The Johnstonian News and The News in Review – October 21 and 28 , 2020 Certified letters were mailed to adjoining property owners on October 19 , 2020 Notices were posted at the locations on August 5 , 2020 for Case 20 - 19 and August 31 , 2020 for Cases 12 - 20 MOD , 19 - 32 MOD , 20 - 21 , 20 - 22 , 20 - 23 , and 20 - 24 The Chairman opened the Rezoning Hearing for Case 12 - 20 MOD Page633 November 2 , 2020 – 6 00 pm Continued Case 12 - 20 MOD Petition to extend a Special Use Rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business – Special Use District GB - SUD Tax ID 06E02028C Owner Krishna SAI , LLC Applicant Krishna SAI , LLC Planning Director Braston Newton stated the petition is to extend a Special Use Rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business – Special Use District Mr Newton stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and a church ; Community Business – Special Use District and currently used for a day care ; Office - Institutional and currently vacant ; General Business – Special Use District and currently used for a gas station with car wash , veterinary hospital and a realty office ; and General Business and used for a car care store , day care , mini storage , gas station with car wash , and produce nursery sales The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion of Cleveland Road was 16,000 vehicles per day in 2017 Mr Newton stated the site was granted a 24 - month extension in 2018 and the applicant is requesting another extension Dr Katura , 113 Townsend Drive , Clayton , speaking on behalf of the applicant , requested the Board to approve the extension request He stated due to COVID , they have not been able to move forward with their business plans at this time 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 extension and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the inquiry of Commissioner Larry Wood , Mr Newton stated the first approval is good for two years and the Planning Director has discretion to grant a one year extension after the initial approval Upon a question by Commissioner Jeffrey P Carver , Mr Newton confirmed that the extension has been granted every two years since the beginning He noted a specific special use would have to come back before the Board There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 20 MOD Decision on Rezoning Case 12 - 20 MOD Case 12 - 20 MOD Petition to extend a Special Use Rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business – Special Use District GB - SUD Tax ID 06E02028C Owner Krishna SAI , LLC Applicant Krishna SAI , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning extension request for Case 12 - 20 MOD Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 12 - 20 MOD 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 parcel identified as tax Tag ID 06E02028C located on Cleveland Road , in the Cleveland Township , from Agricultural Residential to General Business - Special Use District Page634 November 2 , 2020 – 6 00 pm Continued 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 General Business - Special Use District zoning is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business - Special Use District GB - SUD Adopted this the 2nd day of November , 2020 The Chairman opened the Special Use Hearing for Case 19 - 32 MOD Case 19 - 32 MOD Petition to modify the special use of 805 acres of a 3438 acre tract located at 327 King Mill Road in the Elevation Township zoned Industrial 1 - Special Use District I1 - SUD Tax ID 07H09002A Owner Terry & Kathryn Parker Applicant Terry & Kathryn Parker Special Use Modification Request To add automotive repair - mechanical , boat manufacturing and sales , building materials supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , and welding shop to the list of approved uses Those wishing to speak on Special Use Case 19 - 32 MOD were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit to add automotive repair - mechanical , boat manufacturing and sales , building materials supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , and welding shop to the list of approved uses Mr Newton stated the current special use permit allows for boat manufacturing and metal fabrication land uses He stated the applicant is requesting a variety of uses to be added to allow him more flexibility to rent the facility 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 19 - 32 MOD on June 16 , 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 Page635 November 2 , 2020 – 6 00 pm Continued ? 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 September 15 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 19 - 32 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 19 - 32 as requested , seconded by Ms Holmes , Rezoning Case 19 - 32 was approved as requested by a unanimous vote of 8 - 0 at the September 15 , 2020 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions with adding all the uses allowed under # 1 , with the modification of # 7 , hours of operation , Monday – Sunday , for Rezoning Case 19 - 32 as requested , seconded by Ms Hackler , Special Use Conditions for Rezoning Case 19 - 32 were approved as requested by a unanimous vote of 8 - 0 at the September 15 , 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 Site will comply with all state & federal safety requirements 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 We will comply with the conditions specified by Johnston County Operating hours Monday through Saturday 7 am – 7 pm 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 Operation will follow regulations required as specified by Johnston County 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 There will be no structures erected on property at this time , but if needed in future all county , state , and federal codes will be followed Special Use Request To add automotive repair - mechanical , boat manufacturing & sales , Building materials Supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , Industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , welding shop to list of approved uses Special Use Conditions 1 Permitted Uses To allow for Boat manufacturing & sales and metal fabrication , automotive repair - mechanical , boat manufacturing & sales , Building materials Supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , Industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , welding 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 All equipment associated with the business will be stored inside of buildings 6 NCDOT will require a driveway permit with a paved apron through the ROW 7 Hours of operation will be Monday through Saturday Sunday , 7am - 7pm 8 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 Existing vegetation may be used if sufficient 9 Signage must comply with the County’s sign code Items in bold were recommended changes by the Planning Board Mr Newton stated the primary surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes He stated there is no traffic count available for King Mill Road He stated the area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated staff’s recommendation is denial due to the broad range of uses requested , which would be more suited for a straight rezoning Applicant Terry Parker , 2945 Lakewood Road , Four Oaks , stated he would like to add the uses because they lost their metal fabrication tenant and he does not want to have to come back before the Board every time hePagePage pageNumber5636 November 2 , 2020 – 6 00 pm Continued has a new tenant Mr Parker stated the facility has been a sweet potato packing operation , boat manufacturing facility , grading and clearing warehouse , and construction business Commissioner Tony Braswell asked the applicant to explain what he considers a trucking terminal Mr Parker responded a trucking terminal to him means dump trucks and semi - trucks coming in and out of the site , mainly parking on the site at night and working off the property during the day Mr Parker stated prior to getting approval for the boat manufacturing operation , they upgraded the driveway pursuant to Department of Transportation specifications Commissioner Chad M Stewart asked if this request is approved , would this take care of all anticipated uses Mr Parker confirmed that this request achieves the range of uses suitable for the facility Chairman Ted G Godwin stated it seems to him that there would be a zoning classification better suited to what the applicant is asking for and asked the County Attorney if there is a better way to resolve the situation County Attorney Jennifer Slusser stated the request is at the discretion of the Board ; however , in her opinion , the request looks more like a rezoning request than a special use request Ms Slusser explained that typically with a special use , the request is based upon a site specific plan of development associated with that particular piece of property She continued that in this case , there is no site specific plan of development to consider for the subject site , only a range of uses Ms Slusser stated with this request , the Board does not have the opportunity to consider how a specific use will affect things such as impacts to surrounding properties or impacts to access and circulation with traffic At the inquiry of Commissioner Larry Wood , Ms Slusser stated with a specific identified use , the Board can look at the request and add special conditions on the use , but in this case , the Board does not have that ability 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 modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Mr Newton explained that with a wide range of uses such as this , it is difficult to apply special use conditions that would fit all the ranges Mr Newton also noted that the use is on a secondary road and not served immediately by a highway system that would support heavy commercial vehicles Commissioner Chad M Stewart stated that he thinks the Board will see more requests like this coming forward because citizens and new generations are phasing out farming operations but they want to be able to have a use for the buildings that remain Commissioner Jeffrey P Carver commented that perhaps the ordinance needs to be amended to account for such requests Commissioner Carver stated while this request may work in this area , it may not in other areas and he cautioned that it is a precedent setting event and the Board needs to get it right on the front end At the inquiry of Commissioner Stewart , Mr Newton stated there was no opposition at the Planning Board meeting Commissioner Wood spoke on possible inconsistencies with the special conditions as proposed against the uses as requested At the request of the Board , Mr Parker readdressed the Commissioners and provided a history of the property’s uses and how the special use zoning originally came about Mr Parker stated under the current use , if he has to come back and ask for a modification every time he has a new tenant , then he is losing three months rent Commissioners Wood and Stewart cautioned the applicant that with the special use conditions as proposed , they may not allow for all the uses he has requested Commissioner Wood suggested that there may be a better zoning solution that would accommodate what the applicant wants to do PagePage pageNumber6637 November 2 , 2020 – 6 00 pm Continued Commissioner Stewart commented that if the applicant finds the situation is not what he intended it to be , then he can always come back to the Board and request a General Business zoning application Commissioner Patrick E Harris stated Commissioner Stewart brought up a good point that there may be other similar buildings in the County that were previously used for farming operations but the owners now wish to use them for other purposes and he questioned how is the best way to accommodate those situations Commissioner Stewart stated he thinks the uses as currently requested by the applicant will accommodate his plans for now and if not , then he can come back to the Board and ask for General Business At the inquiry of Commissioner Harris , Mr Parker confirmed that the request as submitted would work for him if approved Upon a question by Commissioner Butch Lawter , Mr Newton stated Industrial 1 accommodates all the uses requested by the applicant as well as additional uses Mr Newton stated from a staff perspective , the multitude of uses allowed within a straight Industrial 1 zoning classification could be problematic with the existing uses in that area Commissioner Lawter stated he is looking at all the uses requested and it seems like a misuse of a special use permit to him Commissioner Lawter expressed concerns that the Board is setting a terrible precedent by approving a special use permit with the number of uses requested Commissioner Stewart commented that the Board needs to have a plan in place for future similar requests At the inquiry of Commissioner Wood , Mr Newton stated General Business would not accommodate all the uses requested by the applicant There being no further comments , the Chairman recessed the Special Use Hearing for Case 19 - 32 MOD Decision on Special Use Case 19 - 32 MOD Case 19 - 32 MOD Petition to modify the special use of 805 acres of a 3438 acre tract located at 327 King Mill Road in the Elevation Township zoned Industrial 1 - Special Use District I1 - SUD Tax ID 07H09002A Owner Terry & Kathryn Parker Applicant Terry & Kathryn Parker Special Use Modification Request To add automotive repair - mechanical , boat manufacturing and sales , building materials supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , and welding shop to the list of approved uses Based on the following findings of facts and special use conditions , Commissioner Chad M Stewart moved the Board approve the modification for Case 19 - 32 MOD to add automotive repair - mechanical , boat manufacturing and sales , building materials supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , and welding shop to the list of approved uses on 805 acres of a 3438 acre tract located at 327 King Mill Road in the Elevation Township zoned Industrial 1 - Special Use District Commissioner Patrick E Harris seconded the motion , which carried by the following vote Ayes Commissioners Ted G Godwin , Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , and Patrick E Harris Nays Commissioner Butch LawterPagePage pageNumber7638 November 2 , 2020 – 6 00 pm Continued 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 site is a former farm operation with farm buildings The site has also had several special uses which are similarly situated to the current uses requested The proposed uses are similar to previous uses of the property The site will comply with all state & federal safety requirements and will be operated in a manner to maintain and or promote the public health , safety , and general welfare of the surrounding area 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 use will comply with all required regulations of the Land Development Code and further , the operating hours will be Monday through Sunday 7 am – 7 pm to minimize the intensity of the uses 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 use will comply and meet all county , state and federal regulations to operate The proposed uses are similar to previous uses of the property 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 use conforms with the general plans for the physical development of the County’s planning jurisdiction , Design Manual , and other policies as adopted by the Board Special Use Request To add automotive repair - mechanical , boat manufacturing & sales , Building materials Supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , Industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , welding shop to list of approved uses Special Use Conditions 1 Permitted Uses To allow for Boat manufacturing & sales and metal fabrication , automotive repair - mechanical , boat manufacturing & sales , Building materials Supplies - lumberyards , storage - wholesale , cabinet woodworking shop , contractors office w storage yard , farm machinery assembly , glass mirror window blind awning tile shop and similar specialties , heat and air conditioning shop , Industrial supplies equipment sales and service , machine shop , mini - storage , plumbing - heating supply offices storage area , sign manufacturing shop , trucking terminal , warehouse facility wholesale establishment , warehousing , welding 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 All equipment associated with the business will be stored inside of buildings 6 NCDOT will require a driveway permit with a paved apron through the ROW 7 Hours of operation will be Monday through Sunday , 7am - 7pm 8 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 Existing vegetation may be used if sufficient 9 Signage must comply with the County’s sign code The Chairman reopened the Rezoning Hearing for Case 20 - 19 Case 20 - 19 Petition to rezone 2 acres of a 4661 acre tract located at 1924 Stewart Road in the Ingrams Township from Agricultural Residential AR to General Business GB Tax ID 08J12029 Owner Tony Delmon Lee Applicant Glandon Forest Equity Planning Director Braston Newton stated the petition is to rezone 2 acres of a 4661 acre tract located at 1924 Stewart Road in the Ingrams Township from Agricultural Residential to General Business Mr Newton stated the site is currently zoned Agricultural Residential and used for residential and agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business and used for a service station and other businesses ; and Community Business and used for unknown community business purposes The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low levels of growth pressures are anticipated over the next 20 years Mr Newton stated this is also in a “ Commercial Activity Node - Neighborhood center ” which should be considered for convenience store type businesses Mr Newton stated the traffic count for this portion of Stewart Road is not available ; however , Keen Road is 1,500 vehicles per day and US 701 is 6,400 vehicles per day as of 2018 He stated none of the roads involved appear on the Comprehensive Transportation Plan as needing improvement Mr Newton stated staff recommends approval as the property has frontage on US 701 and it is near the interstate and close to a Commercial Activity Node PagePage pageNumber8639 November 2 , 2020 – 6 00 pm Continued George Venters , 3825 Barrett Drive , Raleigh , representing Applicant Glandon Forest Equity , stated they have been looking at this corridor for a number of years for a commercial project Mr Venters stated there is a convenience store on one corner and a solid waste convenience site on another He stated the south two quadrants are undevelopable due to the riparian buffer Mr Venters stated they selected the subject site because they feel it is a natural commercial corner with the interchange coming off Interstate 95 and US 701 He stated they have been in contact with the Department of Transportation At the inquiry of Commissioner Tony Braswell , Mr Venters stated this would be a retail use 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 - 19 Decision on Rezoning Case 20 - 19 Case 20 - 19 Petition to rezone 2 acres of a 4661 acre tract located at 1924 Stewart Road in the Ingrams Township from Agricultural Residential AR to General Business GB Tax ID 08J12029 Owner Tony Delmon Lee Applicant Glandon Forest Equity Commissioner Butch Lawter moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 19 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 19 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 portion of the parcel 2 acres of 4661 acre tract identified as tax Tag ID 08J12029 located at 1924 Stewart Road in the Ingrams Township , from Agricultural Residential to General Business 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 Industrial zoning is compatible with surrounding land uses and zoning 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business GB PagePage pageNumber9640 November 2 , 2020 – 6 00 pm Continued nd Adopted this the 2 day of November , 2020 The Chairman reopened the Rezoning Hearing for Case 20 - 21 Case 20 - 21 Petition to rezone 2073 acres located on Wise Road in Clayton Township from Agricultural Residential AR to Industrial 1 I - 1 Tax ID 05I05028B & 05I05029 Owner Muleco , LLC & Market St 1500 LLC Applicant Paul Embler Planning Director Braston Newton stated the petition is to rezone 2073 acres located on Wise Road in the Clayton Township from Agricultural Residential to Industrial 1 Mr Newton stated the site is currently zoned Agricultural Residential and used for residential and agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes as well as Industrial 1 and used for industrial business purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan , which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for Wise Road is not available and Wise Road does not appear on the Comprehensive Transportation Plan as needing improvement Applicant Paul Embler stated he is representing the property owners Mr Embler stated one tract is already zoned Industrial 1 and they would like to have the remaining acreage zoned Industrial 1 He offered to answer any questions 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 At the inquiry of Commissioner Jeffrey P Carver , Mr Newton confirmed that Wise Road is a dead - end road Commissioner Carver stated the requested zoning fits the area ; however , at some point the dead - end road will need to be addressed There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 21 Decision on Rezoning Case 20 - 21 Case 20 - 21 Petition to rezone 2073 acres located on Wise Road in Clayton Township from Agricultural Residential AR to Industrial 1 I - 1 Tax ID 05I05028B & 05I05029 Owner Muleco , LLC & Market St 1500 LLC Applicant Paul Embler Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 21 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 21 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 parcels identified as tax Tag ID 05I05028B and 05I05029 , located on Wise Road in the Clayton Township , from Agricultural Residential to Industrial - 1 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 Page0641 November 2 , 2020 – 6 00 pm Continued 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 Industrial zoning is compatible with surrounding land uses and zoning 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial - 1 I - 1 nd Adopted this the 2 day of November , 2020 The Chairman reopened the Rezoning Hearing for Case 20 - 22 Case 20 - 22 Petition to rezone 37 acres of a 778 acre tract located in the 6000 Block of NC Hwy 96 in Ingrams Township from Agricultural Residential AR to Industrial 2 - Special Use District I - 2 - SUD Tax ID 08H12062B Owner James & Cora Godwin Applicant James Godwin Planning Director Braston Newton stated the petition is to rezone 37 acres of a 778 acre tract located in the 6000 Block of NC Hwy 96 in Ingrams Township from Agricultural Residential to Industrial 2 - Special Use District He noted the special use request associated with the rezoning is to allow for a shop , office , and recycling Mr Newton stated the site is currently zoned Agricultural Residential and used as a vacant lot with debris piles and the site was reported to the Planning Department as a complaint in April 2020 The surrounding land uses are zoned Agricultural Residential for agricultural and residential uses as well as General Business and used for unknown business The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan , which denotes an area 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 96 is 1,600 vehicles per day as of 2018 and this portion of NC Hwy 96 appears on the Comprehensive Transportation Plan as a major thoroughfare with adequate design capacity He stated staff’s recommendation is for denial due to the inconsistency with the Comprehensive Land Use Plan and a history of violations at the site At the inquiry of Chairman Ted G Godwin , Mr Newton stated the site was cited for inert debris and materials being stored and disposed of on the site He stated from what staff could determine it was wasted concrete type debris Jackson Godwin , 6025 NC 96 Hwy , addressed the Board and stated he owns a concrete crushing business and they recycle concrete and asphalt He stated they have consumed over 15,000 tons from ST Wooten so far this year and they have several sites that they use for “ lay down yards ” Mr Godwin stated they want to use the subject site as a “ sister yard ” to serve Hill Top Farm Services Mr Godwin stated they have several yards in Dunn but live in Meadow and are looking to get closer to home Upon a question by Chairman Godwin , Mr Godwin stated they crush on site He stated they also perform top soil screening and can recycle anything He stated because the subject site is not as large as their other sites , they cannot have as many products on site , but would like to leave a machine there to accommodate local customers Commissioner Chad M Stewart asked what type of equipment would be on site Mr Godwin responded they are a mobile operation and they would stockpile the product and crush it once or twice a year He stated they are in compliance with all EPA standards Mr Godwin stated his father owns the property and he believes it was originally zoned for this type of business in the past Upon a question by Commissioner Larry Wood , Mr Godwin confirmed that their dump trucks unload busted concrete , it is crushed , and then sold offsite Commissioner Butch Lawter spoke on the ongoing work on Interstate 95 at night and asked if this operation serves any of that nighttime work Page1642 November 2 , 2020 – 6 00 pm Continued Mr Godwin responded that this site does not serve the Interstate 95 construction and he has another site for that work Mr Godwin stated the subject site would be for other contractors to use Mr Godwin stated the hours for the subject site would be 7 00 am until 5 00 pm with no nighttime work William Capps , 573 Hayes Road , spoke on his concerns with the operation Mr Capps stated there are loads of wood , shingles , and other debris placed on the site approximately seven months ago which is the reason for the complaint Mr Capps shared pictures of the debris with the Board pictures were not left for the record Mr Capps stated they have concerns with runoff onto adjacent properties since they are downhill from the subject site Mr Capps stated he is a contractor and the concrete crushing operation is good for business , but the debris on site is better suited for a landfill Mr Capps stated this is not the first instance of this type of debris on the property At the inquiry of Commissioner Chad M Stewart , Mr Capps stated he is fine with a concrete crushing business , but he is concerned with other types of debris Mr Capps stated even with the concrete crushing business , he would like to see barriers or something else to keep the debris contained on the subject site Mr Capps stated he has environmental concerns At the inquiry of Commissioner Tony Braswell , Mr Capps stated the debris is still on site as of today Cathy Capps , 573 Hayes Road , stated there are a lot of issues with this site dating back to 2014 Ms Capps stated she contacted the State who in turn contacted Mr Godwin and were planning to inspect the site Ms Capps stated she believes Mr Godwin was supposed to remove the debris and send in receipts showing that had been done Ms Capps stated they are concerned about runoff since they live downstream and she is concerned if the request is approved , the applicant will not comply with the special use conditions 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 Upon questions by Commissioners Tony Braswell and Patrick E Harris , Mr Newton stated the entire site is in violation and in order to store inert debris , it should be considered as a type of recycling facility or landfill under the ordinance Mr Newton reported there is a permitting process that deals specifically with the storage of such materials through the State’s Land Management Division Mr Newton stated to his knowledge the applicant has not obtained that permit Mr Newton confirmed that the site came in as a violation and has not been remedied to his knowledge At the inquiry of Commissioner Chad M Stewart , Mr Newton stated if the request is approved and the applicant does not comply with the special use conditions , then the special use permit can be revoked Commissioner Larry Wood asked for a definition of recycling and how it would apply to the subject site Mr Newton stated he would defer to the Department of Environmental Quality’s definition for recycling , but it could include various materials Commissioner Butch Lawter noted the Comprehensive Land Use Plan designates the area an Agricultural Rural Conservation Area and for the most part , the land around the subject site is zoned Agricultural Residential Commissioner Lawter asked how far is the one site in the area that is zoned General Business located from the subject site Mr Newton stated the property zoned General Business is located to the north of the subject site near Blackman’s Crossroads The Board discussed the current zoning classifications in the area near the subject site There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 22 Decision on Rezoning Case 20 - 22Page2643 November 2 , 2020 – 6 00 pm Continued Case 20 - 22 Petition to rezone 37 acres of a 778 acre tract located in the 6000 Block of NC Hwy 96 in Ingrams Township from Agricultural Residential AR to Industrial 2 - Special Use District I - 2 - SUD Tax ID 08H12062B Owner James & Cora Godwin Applicant James Godwin Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 22 Commissioner Chad M Stewart seconded the motion which carried by the following vote Ayes Commissioners Chad M Stewart , Jeffrey P Carver , Larry Wood , and Tony Braswell Nays Commissioners Ted G Godwin , Patrick E Harris , and Butch Lawter RESOLUTION FOR CASE NUMBER 20 - 22 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 portion of the parcel identified as tax Tag ID 08H12062B located in the 6000 block of NC Hwy 96 in the Ingrams Township 37 acres of 778 acres tract , from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD for a recycling center 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 a The development is listed as a special use in the Industrial 2 zoning district , and meets all of the requirements listed in the ordinance 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Adopted this the 2nd day of November , 2020 The Chairman reopened the Special Use Hearing for Case 20 - 22 Case 20 - 22 To allow for a shop , office , and recycling Owner James & Cora Godwin Applicant James Godwin Those wishing to speak on Special Use Case 20 - 22 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a shop , office , and recycling Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record Page3644 November 2 , 2020 – 6 00 pm Continued A pre - application consultation was held with the applicant for Case 20 - 22 on July 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 September 15 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 22 and made the following recommendations Upon a motion by Ms Hackler to approve Rezoning Case 20 - 22 as requested , seconded by Mr Massengill , Rezoning Case 20 - 22 was approved as requested by a unanimous vote of 8 - 0 at the September 15 , 2020 Planning Board Meeting Upon a motion by Mr Letchworth to approve with the modification to # 6 , hours of operation , to Monday through Saturday , the Special Use Conditions for Rezoning Case 20 - 22 as requested , seconded by Ms Hackler , the Special Use Conditions for Rezoning Case 20 - 22 were approved as requested by a unanimous vote of 8 - 0 at the September 15 , 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 Office , shop & recycling will follow all health & safety guidelines 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 I will follow all codes & regulations of NC ordinance that is required by this zoning 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 It will be operated on a 5 day a week 7 - 6 so as not to disturb neighbors 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 This will benefit JC citizens by offering a public service of recycled goods Special Use Conditions 1 Permitted Uses shop , office , recycling 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 C 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 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 Friday Saturday , 7 00 am until 6 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 Driveway permit required by NCDOT with paved apron through ROW at minimum 10 Fire access road and fire hydrant required for future building structure Items in bold were recommended changes made by the Planning Board Mr Newton noted the special use conditions for the Board and offered to answer any questions Commissioner Larry Wood stated he would like to see a berm installed between the adjacent properties and narrow down the type of materials allowed on the site Mr Newton responded that some of those components would be a part of necessary permits from the Department of Environmental Quality DEQ Commissioner Wood stated he would like some clarity from the applicant as to what would be stored on the site Jackson Godwin , 6025 NC 96 Hwy , stated they also do demolition work and he acknowledged that there was 6 – 8 loads of material dumped on the site several months ago which came from the City of Dunn Mr Page4645 November 2 , 2020 – 6 00 pm Continued Godwin noted the material was tested and it was negative for any asbestos Mr Godwin stated they stopped hauling that type of material because they were fined and did not want to do anything else until the problems could be resolved Mr Godwin stated their main business is recycling crushing concrete and asphalt He stated they also screen topsoil and they also can grind wood and shingles At the inquiry of Commissioner Tony Braswell , Mr Godwin acknowledged they have hauled a lot of vegetation on the site from land clearing activities Mr Godwin stated mostly the recycling will be concrete , asphalt , and topsoil Commissioner Butch Lawter asked the applicant what type of permit he plans to apply for from DEQ Mr Godwin responded they would possibly build an office and shop on the site and use it as a recycling yard Mr Godwin stated there are recycling permits that would be necessary ; however , his father is more knowledgeable of that type of information Commissioner Lawter expressed concern that the applicant is asking for a use , but is unsure of what type of permits may be required or what they will allow Commissioner Chad M Stewart stated he thinks that a concrete crushing operation is acceptable ; however , the Board is trying to protect the neighbors and does not want to see the property become a landfill Mr Godwin clarified that the vegetation on the site was hauled in the past and going forward , they would use the site only for concrete crushing and would have their engineer design the operation so it would not impact the neighboring property owners Commissioner Lawter suggested the applicant ask the Board to table the request and gather additional information regarding his specific request Commissioner Lawter expressed concerns that the request as it currently stands is lacking against the findings of facts that the Board must consider Commissioner Lawter suggested the applicant work with his engineer on a design for the site and how it would impact neighboring properties Commissioner Stewart agreed and stated to the applicant that the Board wants him to be able to operate his business ; however , the adjacent property owners must be protected as well William Capps , 573 Hayes Road , stated his main concern is the applicant dumping material on the site and it staying there for months affecting the surrounding properties Mr Capps stated he is concerned about the site looking like a landfill Commissioner Patrick E Harris commented that from his perspective , a violation should be remedied before coming to the Board of Commissioners Cathy Capps , 573 Hayes Road , expressed concerns that the materials have already been sitting on the site since March and she believes if Mr Godwin was concerned he would have cleaned up the site before trying to get the property rezoned 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 - 22 Special Use Case 20 - 22 Tabled Case 20 - 22 To allow for a shop , office , and recycling Owner James & Cora Godwin Applicant James Godwin Commissioner Jeffrey P Carver moved the Board table a decision on the special use permit for Case 20 - 22 until the December 7 , 2020 6 00 pm meeting Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Page5646 November 2 , 2020 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 20 - 23 Case 20 - 23 Petition to rezone 45684 acres located at 4974 and 4583 Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 05F02011B & 05F02010A Owner Walter Rand Yeargan Irrevocable Trust , Polly Yeargan Hardie & William F Troxler Jr Applicant Marty Bizzell , PE - Bass , Nixon & Kennedy Inc Planning Director Braston Newton stated the petition is to rezone 45684 acres located at 4974 and 4583 Cornwallis Road in Cleveland Township from Agricultural Residential to Agricultural Residential – Special Use District He noted the special use request associated with the rezoning is to allow for a residential subdivision with sewer at a calculated density of 15 dwelling units per acre , which in this case would be 665 residential homes 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 as well as General Business and Community Business and used for a variety of businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan , which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion of Cornwallis Road was 9,600 vehicles per day in 2016 and this portion of Cornwallis Road does appear on the Comprehensive Transportation Plan as a “ Boulevard Needing Improvement ” Mr Newton also noted a Traffic Impact Analysis TIA was completed by Ramey Kemp & Associates and has been reviewed by the Department of Transportation with DOT recommendations included in the recommended special conditions Mr Newton stated staff recommended approval and offered to answer any questions Attorney Gray Styers , 434 Fayetteville Street , Raleigh , representing the landowners , addressed the Board and stated the property’s current zoning classification of Agricultural Residential is already appr