April 7, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 875 Meeting of the Johnston County Board of Commissioners April 7 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 7 , 2014 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Tony Braswell , Cookie Pope , Allen L Mims , Jr , DeVan Barbour , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing – Fire Districts – Adjoining Boundary Proposed Revisions Advertised – The Smithfield Herald – March 26 and April 2 , 2014 Also advertised in The Clayton News - Star , The Four Oaks - Benson News In Review , The Kenly Pine Level News , The Selma Wilson’s Mills News , and The Princeton News Leader Certification Statement and proposed maps of the Districts were on file in the Clerk to the Board’s Office two weeks prior to the public hearing and available for public inspection Chairman Jeffrey P Carver opened the public hearing Johnston County Assistant Fire Marshal Kevin Hubbard stated the purpose of the public hearing is to provide the public with an opportunity to address the Board on proposed boundary revisions to the fire service districts in Johnston County , as follows Fifty - Two Ten , Archer Lodge , Banner and Benson , Bentonville , Beulah and Kenly , Blackman’s Crossroads , Boon Hill and Princeton , Brogden , Claytex and Clayton , Corinth - Holder , Elevation , McLemore , Meadow , Micro , Nahunta , Newton Grove , Oakland , O’Neal , Pi - Le and Pine Level , Selma and Selma Rural , Shoe Heel , Smithfield and Smithfield Rural , Stricklands Crossroads , Thanksgiving , West Johnston , Wilson’s Mills , and Wynn and Four Oaks Mr Hubbard stated the revisions are proposed to align the boundaries to maximize the five mile coverage area for fire insurance grading purposes Mr Hubbard reported in accordance with the standards and requirements of North Carolina General Statute 153A - 3043 , the areas proposed for revisions are contiguous to the current districts , require services of the districts , and in fact are already receiving fire protection services from the respective fire departments serving the insurance districts He continued that the effect that changes the amount of taxable property will have on the ability of the Fire Service Districts to provide services or service debt is negligible Upon a question by Commissioner Chad M Stewart , Mr Hubbard reported staff has received 4 or 5 calls from citizens that were concerned or had questions and once staff explained the proposal , the callers were satisfied Mr Hubbard stated staff has received a request from Mr Tony Delmon Lee for all his property to be put in the Stricklands Crossroads Fire Service District He explained that presently some of Mr Lee’s property is split between the Stricklands Crossroads and the Blackman’s Crossroads Districts Mr Hubbard stated staff tried to put properties of the same owner all in one district as much as possible , but there are some instances where this was not accomplished due to the location and or size of the land tracts Mr Hubbard stated the Board can approve the revisions to the districts with the change as requested by Mr Lee ; however , he noted it could create similar requests in the future Commissioner Stewart stated he is aware of the request from Mr Lee and that Mr Lee had approached him as well about putting all of his property in the Stricklands Crossroads Fire Service District since the majority of the property was already in the Stricklands Crossroads District Commissioner Stewart stated this request would not include any other property owners , just Mr Lee Commissioner Stewart acknowledged thatPage876 April 7 , 2014 – 6 00 pm Continued this could create requests from other property owners in similar situations and he stated the Board would have to take those requests under consideration on a case by case basis when and if they come in Commissioner Stewart stated he has spoken with the Blackman’s Crossroads Fire Chief who was fine with all of Mr Lee’s property being in the Stricklands Crossroads District At the inquiry of Commissioners Allen L Mims , Jr and Tony Braswell , Mr Hubbard stated the maps as proposed do not include the request by Mr Lee and if the Board chooses to approve the request they would need to adopt the resolution with a revision to the Stricklands Crossroads and Blackman’s Crossroads Districts to accommodate Mr Lee’s property Commissioner Ted G Godwin asked if there had been any coordination with out - of - county fire departments for some of the areas near the County line Mr Hubbard stated Johnston County does contract with a few out - of - county fire departments to provide service for some areas There being no further comments , the Chairman closed the public hearing Commissioner Chad M Stewart moved the Board adopt the following Resolution Providing for Relocation of Adjoining Boundary Lines of Fire Service Districts in Johnston County with a revision to the Stricklands Crossroads and Blackman’s Crossroads Fire Service District Maps to include Tony Delmon Lee’s property being located entirely within the Stricklands Crossroads Fire Service District Commissioner DeVan Barbour seconded the motion which carried by unanimous vote RESOLUTION PROVIDING FOR RELOCATION OF ADJOINING BOUNDARY LINES OF FIRE SERVICE DISTRICTS IN JOHNSTON COUNTY WHEREAS , the Fire Service Districts of Fifty - Two Ten , Archer Lodge , Banner and Benson , Bentonville , Beulah and Kenly , Blackman’s Crossroads , Boon Hill and Princeton , Brogden , Claytex and Clayton , Corinth - Holder , Elevation , McLemore , Meadow , Micro , Nahunta , Newton Grove , Oakland , O’Neal , Pi - Le and Pine Level , Selma and Selma Rural , Shoe Heel , Smithfield and Smithfield Rural , Stricklands Crossroads , Thanksgiving , West Johnston , Wilson’s Mills , and Wynn and Four Oaks collectively known as the “ Fire Service Districts ” have been operating as county service districts providing fire protection services since their creation by the Johnston County Board of Commissioners ; and WHEREAS , the Board has determined that the boundary lines of the Fire Service Districts should be relocated to maximize the five - mile coverage area for fire insurance grading purposes ; and WHEREAS , pursuant to NC General Statutes § 153A - 3043 , the Board has determined to relocate the boundary lines of the Fire Service Districts consistently with the maps attached hereto and incorporated by reference ; and WHEREAS , the Board resolved to hold a public hearing with respect to such boundary line relocations on April 7 , 2014 , and directed that the appropriate representatives of the County take the necessary actions to properly notice such public hearing as provided by law ; and WHEREAS , pursuant to NC General Statutes Section § 153A - 3043 c a notice of public hearing was prepared stating the date , hour and place of the hearing and its subject and stating that the report required by § 153A - 3043 b , including maps of the Fire Service Districts and the boundary lines to be relocated was available for public inspection in the office of the Clerk to the Board , and such notice was properly and timely published ; and WHEREAS , a public hearing was held at 6 00 PM on April 7 , 2014 , in the Commissioner’s Meeting Room , Johnston County Courthouse , Smithfield , North Carolina at which time all interested persons appeared and were heard , or had an opportunity to appear and be heard , concerning the question of relocation of the boundary lines of the Fire Service Districts of Johnston County ; and WHEREAS , by resolution of the Board dated December 2 , 2013 , the boundaries of the primary service areas of the fire departments affected by this proposed relocation have already been modified consistently with this proposed boundary relocation ; andPage877 April 7 , 2014 – 6 00 pm Continued WHEREAS , at such meeting the Board determined that it was appropriate to relocate the boundaries of the Fire Service Districts , and that the proposed boundary relocation meets the requirements of § 153A - 3043 ; and WHEREAS , the Board , following the public hearing , finds that the relocation of the fire district boundaries is in the best interest of the citizens to maximize the five - mile coverage area , that the Fire Service Districts are capable of providing fire protection services in the areas affected , and that the effect that changes in the amount of taxable property will have on the ability of the Fire Service Districts to provide services or service debt will be negligible and in any event outweighed by the benefits to the people and property located in the districts NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners , meeting in regular session at Smithfield , North Carolina , on April 7 , 2014 , that the Fire Service Districts of Johnston County are hereby revised and the boundary lines relocated in accordance and consistently with the maps attached hereto and incorporated by reference , to take effect July 1 , 2014 th Adopted this the 7 day of April , 2014 Page878 April 7 , 2014 – 6 00 pm ContinuedPagePage pageNumber5879 April 7 , 2014 – 6 00 pm ContinuedPagePage pageNumber6880 April 7 , 2014 – 6 00 pm ContinuedPagePage pageNumber7881 April 7 , 2014 – 6 00 pm ContinuedPagePage pageNumber8882 April 7 , 2014 – 6 00 pm ContinuedPagePage pageNumber9883 April 7 , 2014 – 6 00 pm ContinuedPage0884 April 7 , 2014 – 6 00 pm ContinuedPage1885 April 7 , 2014 – 6 00 pm ContinuedPage2886 April 7 , 2014 – 6 00 pm ContinuedPage3887 April 7 , 2014 – 6 00 pm ContinuedPage4888 April 7 , 2014 – 6 00 pm ContinuedPage5889 April 7 , 2014 – 6 00 pm ContinuedPage6890 April 7 , 2014 – 6 00 pm ContinuedPage7891 April 7 , 2014 – 6 00 pm Continued 3 Public Hearing – Fire Districts – Proposed Extensions for Out - Parcels Advertised – The Smithfield Herald – March 26 and April 2 , 2014 Also advertised in The Clayton News - Star , The Four Oaks - Benson News In Review , The Kenly Pine Level News , The Selma Wilson’s Mills News , and The Princeton News Leader Notices of the public hearing were mailed US First st Class Mail to the affected property owners of record as of the preceding January 1 on March 5 , 2014 Certification Statement and proposed maps of the areas were on file in the Clerk to the Board’s Office two weeks prior to the public hearing and available for public inspection Chairman Jeffrey P Carver opened the public hearing Johnston County Assistant Fire Marshal Kevin Hubbard stated the purpose of the public hearing is to provide the public with an opportunity to address the Board on proposed boundary extensions for the following fire service districts Wynn and Four Oaks , Stricklands Crossroads , Bentonville , Brogden , Oakland , and Smithfield and Smithfield Rural Fire Service Districts He stated the proposal is to annex properties near the districts that are presently not located within an established fire service district “ out - parcels ” Mr Hubbard reported the out - parcels are contiguous to the current districts , require services of the districts , and are already located within the established Fire Insurance Districts and receiving services from the respective fire departments serving the Insurance Districts Commissioner Tony Braswell asked if the areas proposed for annexation are located within a five mile service area Mr Hubbard stated if the Board of Commissioners chooses to adopt the resolution approving the request , then the proposed areas would then be considered within the five mile service area Mr Hubbard clarified that although the proposed areas are not presently in an established fire service district , they are presently receiving services from the fire departments Commissioner Braswell asked if staff had received any calls from citizens on the proposal Johnston County Assistant Fire Marshal Banks Wallace stated he had received two calls from citizens with questions and after receiving an explanation staff has not heard from them again At the request of County Attorney David Mills , Mr Hubbard confirmed that the areas to be annexed are contiguous to the Fire Service Districts , with at least one - eighth of the area’s aggregate external boundary coincident with the existing boundary of the Fire Service Districts ; the areas to be annexed into the Fire Service Districts require the services provided by the Fire Service Districts and will benefit from inclusion in the Fire Service Districts ; it is economically feasible to provide the proposed service or services in the expanded districts without unreasonable or burdensome annual tax levies and it is in the best interest of the citizens affected to be annexed into the District ; and the area to be annexed meets the requirements and standards of § 153A - 303 There being no further comments , the Chairman closed the public hearing Commissioner Tony Braswell moved the Board adopt the following Resolution Providing for Extension of the Boundaries of Fire Service Districts of Johnston County Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION PROVIDING FOR EXTENSION OF THE BOUNDARIES OF FIRE SERVICE DISTRICTS OF JOHNSTON COUNTY WHEREAS , the Wynn and Four Oaks , Stricklands Crossroads , Bentonville , Brogden , Oakland , and Smithfield and Smithfield Rural Fire Service Districts collectively known as the “ Fire Service Districts ” have been operating as county service districts since their creation by the Johnston County Board of Commissioners “ Board ” ; and WHEREAS , the Board has determined that the boundary lines of the Fire Service Districts should be extended to include certain parcels of land contiguous to the Fire Service Districts ; and WHEREAS , pursuant to NC General Statutes § 153A - 303 , the Board has determined to extend the boundaries of the Fire Service Districts to include the parcels as shown on the map attached incorporated by reference ; andPage8892 April 7 , 2014 – 6 00 pm Continued WHEREAS , the Board resolved to hold a public hearing with respect to such extensions on April 7 , 2014 , and directed that the appropriate representatives of the County take the necessary actions to properly notice such public hearing as provided by law ; and WHEREAS , pursuant to NC General Statutes Section § 153A - 303 e a notice of the public hearing was prepared stating the date , hour and place of the hearing and its subject and stating that the report containing a map of the Fire Service Districts and the areas to be annexed were available for public inspection in the office of the Clerk to the Board , and that such annexations fit the requirements of § 153A - 303 ; and WHEREAS , the Board caused to be prepared a report consistent with § 153A - 303 d and the report was available in the office of the Clerk to the Board for public inspection for at least two weeks before the date of the public hearing ; and WHEREAS , pursuant to NC General Statutes § 153A - 303 e , the notice of public hearing was published at least once in the newspaper that circulates in the proposed Fire Service Districts , not less than one week before the hearing , and the notice has been mailed at least four weeks before the date of the hearing to the owners as shown by the county tax records as of the preceding January 1 of all property located within the areas to be annexed , and the Clerk has certified to the Board that such mail was sent ; and WHEREAS , a public hearing was held at 6 00 PM on April 7 , 2014 , in the Commissioner’s Meeting Room , Johnston County Courthouse , Smithfield , North Carolina at which time all interested persons appeared and were heard , or had the opportunity to appear and be heard , concerning the question of extending the boundaries of the Fire Service Districts ; and WHEREAS , the Board , following the public hearing , finds that 1 The areas to be annexed are contiguous to the Fire Service Districts , with at least one - eighth of the area’s aggregate external boundary coincident with the existing boundary of the Fire Service Districts 2 The areas to be annexed into the Fire Service Districts require the services provided by the Fire Service Districts and will benefit from inclusion in the Fire Service Districts 3 It is economically feasible to provide the proposed service or services in the expanded districts without unreasonable or burdensome annual tax levies , and it is in the best interest of the citizens affected to be annexed into the District ; and 4 The area to be annexed meets the requirements and standards of § 153A - 303 ; and WHEREAS , by resolution of the Board dated December 2 , 2013 , the boundaries of the primary service areas of the fire departments affected by this proposed annexation have already been modified consistently with this proposed annexation NOW , THEREFORE , BE IT RESOLVED BY the Johnston County Board of Commissioners , meeting in regular session at Smithfield , North Carolina , on April 7 , 2014 , that the areas as shown on the map attached are annexed into the respective Fire Service Districts of Johnston County consistently therewith effective July 1 , 2014 th Adopted this the 7 day of April , 2014 Page9893 April 7 , 2014 – 6 00 pm Continued 4 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – March 26 and April 2 , 2014 Certified letters were mailed to adjoining property owners on March 24 , 2014 Notices were posted at the locations on January 3 , 2014 , for Cases 11 - 09 MOD , 08 - 13 MOD , 08 - 14 MOD , 14 - 01 , 14 - 02 , and 14 - 03 ; and February 3 , 2014 for Cases 14 - 04 and 14 - 06 The Chairman opened the Special Use Hearing for Case 11 - 09 MOD Case 11 - 09 MOD Petition to extend a Special Use Permit for a 123 acre tract zoned Industrial 1 – Special Use District I1 - SUD located at 631 Clayton Road in Pleasant Grove Township This request is to extend the Special Use Permit for a roofing contractor’s fabrication shop for metal roofing and residence for an additional 24 months Tax ID 13C04035P Owner Javier and Maria Jauregui Applicant Javier Jauregui Those wishing to speak on Special Use Case 11 - 09 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is a petition to extend a Special Use Permit for a 123 acre tract zoned Industrial 1 – Special Use District located at 631 Clayton Road in Pleasant Grove Township This request is to extend the Special Use Permit for a roofing contractor’s fabrication shop for metal roofing and residence for an additional 24 months Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 09 MOD on November 26 , 2013 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 , storm water and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On January 21 , 2014 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 09 MOD and made the following recommendations Upon a motion by Ms Hackler to approve the extension modification for the Special Use Conditions for Case 11 - 09 , seconded by Mr DeLaine and carried by a unanimous vote of 8 - 0 , Case 11 - 09 modification was granted preliminary st , 2014 Planning Board Meeting approval at the January 21 Statement This request is consistent with the Comprehensive Land Use Plan in that the use can be limited in scope through the use of special conditions to blend in with a rural , low density area The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public 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 There will be limited traffic , and landscape buffering will be provided Staff The applicant will be subject to the special use conditions which will ensure that the development maintains the public health , safety and general 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 We will comply with all required codes and regulations Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 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 This business will not negatively impact any neighbors We will provide buffers Additionally there will be no retail sales from this site Page0894 April 7 , 2014 – 6 00 pm Continued Staff The location of the site , out of visual site of neighbors , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 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 use will conform with all of the code requirements There are other commercial businesses nearby Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow a Roofing contractor’s fabrication shop for metal roofing and residence Special Use Conditions 1 Permitted Uses Roofing contractor’s fabrication shop for metal roofing and residence 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 around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 No signage other than wall - mounted signage shall be allowed 7 Hours of operation shall be Monday - Saturday 7 30am - 7 30pm 8 Outdoor storage shall be enclosed by an opaque fence 9 Limited to 3 employees and 1 single - axle vehicle Mr Gray reported the rezoning and special use permit was approved by the Board in 2011 He stated the applicant has plans to move forward with the business in the future Applicant Javier Jauregui , 631 Clayton Road , Angier , asked the Board to approve the request and offered to answer any questions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 11 - 09 MOD Decision on Special Use Case 11 - 09 MOD Case 11 - 09 MOD Petition to extend a Special Use Permit for a 123 acre tract zoned Industrial 1 – Special Use District I1 - SUD located at 631 Clayton Road in Pleasant Grove Township This request is to extend the Special Use Permit for a roofing contractor’s fabrication shop for metal roofing and residence for an additional 24 months Tax ID 13C04035P Owner Javier and Maria Jauregui Applicant Javier Jauregui Based on the findings of facts and special use conditions as listed below , Commissioner DeVan Barbour moved the Board approve the modification to the special use permit for Case 11 - 09 MOD for a 123 acre tract zoned Industrial 1 – Special Use District located at 631 Clayton Road in Pleasant Grove Township to extend the special use permit for a roofing contractor’s fabrication shop for metal roofing and residence for an additional 24 months Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Roofing contractor’s fabrication shop for metal roofing and residence 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 around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 No signage other than wall - mounted signage shall be allowed 7 Hours of operation shall be Monday - Saturday 7 30am - 7 30pm 8 Outdoor storage shall be enclosed by an opaque fence 9 Limited to 3 employees and 1 single - axle vehicle Note It was determined that the applicant was not present for Cases 08 - 13 MOD and 08 - 14 MOD ; therefore the Chairman proceeded with the following remaining rezoning special use requests on the agenda A representative for the applicant was present later in the meeting and the Board heard the requests before Manager Comment Page1895 April 7 , 2014 – 6 00 pm Continued The Chairman opened the Rezoning Hearing for Case 14 - 01 Case 14 - 01 Petition to rezone 048 acres of a 476 acre tract located at 1276 Massengill Pond Road in Pleasant Grove Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 13C04011F Owner Daniel and Linda Peters Applicant Tony G Barbour Jr Planning Director Berry Gray stated the petition is to rezone 048 acres of a 476 acre tract located at 1276 Massengill Pond Road in Pleasant Grove Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning to allow for an automotive and equipment repair facility Mr Gray reported the existing use is a non - conforming automotive and equipment repair facility as well as an existing grandfathered mobile home park at the rear of the property The surrounding land uses are zoned Agricultural Residential and used for such purposes ; Agricultural Residential for another existing grandfathered automotive repair facility which is in front of the subject site ; and Industrial 1 – Special Use District for a private airfield down the road Mr Gray stated the applicant has operated the non - conforming equipment repair business for over ten years and it was recently reported as a violation The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Commissioner Ted G Godwin asked about access to the subject site Mr Gray reported there is a dedicated easement to the subject site He noted the subject site as well as the surrounding property , except for the grandfathered automotive repair facility directly in front , is owned by the same property owners which he believes are the applicant’s parents Applicant Tony Barbour , 131 West Road , Angier , requested the Board to approve the rezoning so he can bring the business into compliance Mr Barbour confirmed the subject site is owned by his parents Michael Hitt , 1250 Massengill Pond Road , Angier , stated when the mobile home park was first put in back in the 1990 ’ s , he was told a fence would be installed between his property and the mobile home park , but the fence is nonexistent Mr Hitt informed the Board that he has experienced break - ins because of people in the mobile home park Mr Hitt stated he constructed a privacy fence himself , but the fence has been damaged twice Mr Hitt also spoke on past road and easement issues with the adjacent property owners Mr Hitt stated he has no problem with an auto garage on the property , but he would like to have a fence in between the properties as a buffer At the inquiry of Commissioner Chad M Stewart , Mr Hitt stated he owns the grandfathered automotive repair operation in front of the subject site and works on cars , tractors , and other equipment Mr Hitt referenced chickens and dogs on his property and stated he keeps a container on site to store used motor oil from the repair shop Renee Barbour , 131 West Road , Angier , wife of the applicant , spoke on past issues with Mr Hitt involving chickens and other nuisances Mrs Barbour stated Mr Hitt works out in the open on junk cars while her husband runs a clean operation Chairman Jeffrey P Carver reminded everyone that the rezoning case is not an emotional matter for the Board of Commissioners and he asked everyone to keep their comments directed to the Board of Commissioners and focused on the rezoning aspect of the meeting Mr Gray stated the mobile home park is an older grandfathered use and there are no specific requirements in place for staff to enforce regarding fencing or other issues He reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 01 Decision on Rezoning Case 14 - 01 Case 14 - 01 Petition to rezone 048 acres of a 476 acre tract located at 1276 Massengill Pond Road in Pleasant Grove Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 13C04011F Owner Daniel and Linda Peters Applicant Tony G Barbour Jr Page2896 April 7 , 2014 – 6 00 pm Continued Commissioner Cookie Pope moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 14 - 01 to rezone 048 acres of a 476 acre tract located at 1276 Massengill Pond Road in Pleasant Grove Township from Agricultural Residential to General Business – Special Use District be approved Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 14 - 01 Case 14 - 01 To allow for an automotive and equipment repair facility Owner Daniel and Linda Peters Applicant Tony G Barbour Jr Those wishing to speak on Special Use Case 14 - 01 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for an automotive and equipment repair facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 01 on November 27 , 2013 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On January 21 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 01 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 14 - 01 , seconded by Mr Delaine and carried by a unanimous st , 2014 Planning Board Meeting vote of 9 - 0 , Case 14 - 01 was granted preliminary approval at the January 21 Statement This request is consistent with the Comprehensive Land Use Plan in that the use can be limited in scope through the use of special conditions to blend in with a rural , low density area The request is reasonable in that the conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Letchworth to approve the Special Use Conditions with the change to the hours from Monday - Friday from 8am - 9pm , seconded by Mr Massengill and carried by a unanimous vote of 8 - 0 , the Special Use Conditions st for Case 14 - 01 was granted preliminary approval at the January 21 , 2014 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 site will be used to repair automobiles and equipment for local customers Shop is off main road down a gravel path It will not cause a lot of traffic , because it is small one bay shop about 18 feet wide by 40 feet long Staff The applicant will be subject to the special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 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 I will meet all required use and intensity regulations of the Land Development Code I will meet the requirements needed to operate within the regulations of the state and federal government Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 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 hours are going to be 8 00am to 8 00pm Monday to Friday and 8 00am to 5pm on Saturday I will be able to help people as needed for local repairs Page3897 April 7 , 2014 – 6 00 pm Continued Staff The business is limited in scale and will primarily be located within an existing structure This and along with the special use conditions required by the Boards , will maintain the value of contiguous properties 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 remain a small local shop for local customers in Johnston County and local counties Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for an automotive and equipment repair facility Special Use Conditions 1 Permitted Uses automotive and equipment repair facility 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 property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Limited to the outdoor storage of 15 vehicles awaiting pick up or repair , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Hours of operation shall be limited to Monday – Friday 8 00am - 8 00pm 9 00pm ; Saturday 8 00am – 5 00pm 9 Must properly dispose of all petroleums , oils , and lubricants Mr Gray listed and reviewed the special use conditions with the Board Applicant Tony Barbour , 131 West Road , Angier , asked the Board to approve the request so the operation could be legal Mr Barbour stated he plans to keep the operation simple and will comply with the special use conditions Michael Hitt , 1250 Massengill Pond Road , Angier , asked the Board to require a fence be installed between his property and the subject site to prevent traffic from coming onto his property and breaking into his garage Mr Hitt stated he has owned the property since 1986 Mr Hitt also spoke on drainage problems with the ditch at the driveway At the request of Commissioner Allen L Mims , Jr , Mr Gray noted on the aerial photograph where the proposed buffer would be installed Mr Gray also pointed out the location of the mobile home park on the aerial in relation to Mr Hitt’s property Mr Gray stated Mr Hitt is asking for a fence , but the proposed special use conditions only call for a landscaping buffer at this time Commissioner DeVan Barbour stated as he understands , Mr Hitt would like a fence installed to shield his property from the mobile home park Mr Gray noted the properties in question on an aerial photograph for the Board and stated if Mr Hitt’s issues are with the mobile home park , then a fence in between his property and the subject site will not make a difference Mr Gray pointed out the photographs in the agenda packet and noted that there appears to be some fencing already between the two properties Mr Hitt stated he owns the existing fence referenced by Mr Gray Mr Gray reported the Planning Board recommended approval Commissioner Ted G Godwin asked if the language “ store and dispose ” could be added to condition # 9 There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 01 Decision on Special Use Case 14 - 01 Case 14 - 01 To allow for an automotive and equipment repair facility Owner Daniel and Linda Peters Applicant Tony G Barbour Jr Based on the findings of facts and special use conditions to include “ store and dispose ” in condition # 9 , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 14 - 01 to allow for an automotive and equipment repair facility on 048 acres of a 476 acre tractPage4898 April 7 , 2014 – 6 00 pm Continued located at 1276 Massengill Pond Road in Pleasant Grove Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses automotive and equipment repair facility 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 property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Limited to the outdoor storage of 15 vehicles awaiting pick up or repair , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 All signage must comply with the sign code as stated in Section 14 - 509 8 Hours of operation shall be limited to Monday – Friday 8 00am - 9 00pm ; Saturday 8 00am – 5 00pm 9 Must properly store and dispose of all petroleums , oils , and lubricants The Chairman reopened the Rezoning Hearing for Case 14 - 02 Case 14 - 02 Petition to rezone 177 acres of a 2443 acre tract located at 2444 Junior Road in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11O03086A Owner Sanders Associates Group I LLC Applicant Scott and Tricia Collins Planning Director Berry Gray stated the petition is to rezone 177 acres of a 2443 acre tract located at 2444 Junior Road in O’Neals Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning to allow for firearms classes and related community events Mr Gray submitted for the record , copies of e - mails and letters in opposition as well as petitions and letters in support of the rezoning request that staff has received Mr Gray reported the existing land use is presently a non - conforming shooting range and the request came in as a violation The surrounding land uses are zoned Agricultural Residential and used for such purposes The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years and should be considered for rural conservation and agricultural preservation programs Applicants Scott and Tricia Collins , 2444 Junior Road , Kenly , addressed the Board Mrs Collins stated the following Thank you for the opportunity to speak to you tonight This request is for a shooting area on our property for the State required part of our concealed carry classes We have a personal protection training business that we would like to use 2 of our 24 acres for We teach people the last resort of personal protection with a firearm and firearms safety We teach people how to properly and safely handle a firearm We plan on a classroom being on the property but currently use the Atkinson Library to teach our classes The shooting for our class is 50 rounds per student and it normally takes one to two hours to complete depending on the class size We shoot at 9 ft , 15 ft , and 21 ft We currently have two classes a month but plan on adding one to two classes which would total three to four classes monthly , so the total shooting portions of those three to four classes a month will only add up to six to eight hours of shooting per month We have a dirt berm with the intent of making it 10 feet high and we use shorter target stands for our classes We teach concealed carry , personal protection , and firearm proficiency for handguns and shotguns We also teach personal protection in and outside of the home We teach out of the Red Book developed by the North Carolina Justice Academy We have students read and sign range rules before shooting and watch a range safety video by the National Shooting Foundation before shooting We have students sign a waiver before we take them out and shoot We only allow six shooters at a time and we have a range person for every three people shooting You can see , even though we are not a range , we have adopted a lot of similar techniques to maintain safety We plan on closing in our shooting bays by planting evergreens around and we are also looking at other ways to help with the noise mitigation issues We plan on putting up a 6 ft fence with signs posted on the fence around the property to warn people of private property andPage5899 April 7 , 2014 – 6 00 pm Continued shooting The parking is going to be designated parking on our land Our classes will not shoot after dark hours or on Sundays Personal protection is a growing concern nationwide and here in Johnston County so we feel this is a much needed service for our community So much that myself and a friend of mine , Jennifer Peedin , plan to become instructors ourselves in May Unfortunately out of the 38 Johnston County instructors , most have to go out of the county to shoot With concealed carry permit purchases on the rise , we need a safe shooting area to conduct our classes without having to go out of county to do so We try to support other local businesses I would like to clear up that the complaint that was received was not from our classes We have had classes on our property every weekend since September of 2012 with no complaints The complaint was actually from a family friend pumpkin shoot event that we had in October 2013 This pumpkin shoot was fully within our rights under the Johnston County Code of Ordinances It was by invitation only , free , and was incidental target practice similar to what a turkey shoot would be And , we didn’t break any of the offences of discharging firearms under the Ordinances What the complaint did was state that if there is business activity on the property at any time then we would have to rezone and stop our business activity So we went in right away to do that We want it understood that if there is a negative vote today that it will only stop our business activity but it has nothing to do with family friend shooting events And that is what the initial complaint was made for Because of the rezoning issue , previous students have written letters on our behalf that have been submitted to you We’ve also had some neighbors on our road and within one to three miles sign our petition saying that they are ok with us going forward with our plans Some of the concerns that came up from the Planning Board meeting , we wanted to address One concern was that we don’t currently live on the property so we wanted to make sure that you knew our intentions are to live on the property and in fact since the Planning Board meeting , we’ve made huge advances to moving out there and should be there by mid - May We’ve cleared more land for the mobile home we plan on putting out there and we have the electric company set up to come and put up the transformer for electric So while we are trying to rezone the 2 acres , we actually plan on living on the other 22 acres that are there Another concern that was brought up was the fencing which has been addressed already and we do plan on putting up 6 ft fencing around the firing area Our property is next to a very low and swampy area on one side and it is landlocked on the other We are in a very rural area with low levels of growth anticipated for the next 20 years There are commercial businesses on our road We have a demolition junk business right down the road from us and a mechanic welding shop on our road And less than 8 miles from us is an auto salvage place and a cattle farm The next concern was the noise We do plan on closing in our shooting bays We plan on planting evergreens around to help with some of the noise issues Our class dates are available on our website so neighbors can expect limited shooting on those days We really hope to build community relations , not destroy them Another concern was traffic We only have ten to twenty students in our class With us shooting only three to four days a month , the traffic is going to be very limited and time specific Also we’ve cleared an area on our property for parking But we contacted the State Patrol who said if we did have people parking on the side of the road for our events , that as long as they were off the road they didn’t a have a problem The events we plan to have are no more than four times a year And what they are is just family and friends by invitation only We happen to love barbeques and bonfires so when we say events , that’s what we mean and we invite friends to come out for this It is a loud day but it is within the County’s Ordinances We run it like a turkey shoot and it is well within our current zoning Target practice is extremely important and responsible for gun owners and since Johnston County has no ranges close , we feel this would be a benefit for us to be able to do the shooting portion on our land We hope that you will grant us the approval to give others the right to the training that is so needed in our County Thank you Mr Collins stated he is NRA and North Carolina Justice Academy certified Mr Collins added he was in the Coast Guard for ten years and carried a firearm in the line of duty as a Boarding Officer He stated the goal of the business is to teach and promote firearms safety Mr Collins stated they have been forthcoming withPage6900 April 7 , 2014 – 6 00 pm Continued their ideas to the Planning Board and Planning Staff concerning the range design and they have raised the berms and lowered the target stands with intentions to raise the berms even higher Mr Collins stated the shooting times on the class events are 60 to 90 minutes in length Mr Collins continued the area is rural and shooting is common from surrounding property owners He reported there are 38 approved instructors in Johnston County and only four other areas have been proposed for a shooting range He stated one of those ranges did not open because the instructor passed away , one was closed due to the loss of lease , one proposed in the 40 42 area and one proposed near the Hwy 70 Bypass Mr Collins stated from 1995 to 2011 there were 5,111 concealed carry permits issued in Johnston County and 3,200 issued in just 2013 Mr Collins stated he believes the business is needed in Johnston County Commissioner Ted G Godwin asked who owns the property Mr Collins stated they have a lease purchase agreement for the property from Sanders Associates and the property should be transferred in their name later this year Pete Schlaufman , 2643 Junior Road , Kenly , stated he lives directly across the road from the subject site and he expressed concerns to the Board regarding noise and the community events Mr Schlaufman stated he is retired law enforcement and is familiar with ranges , and even with professionals present at ranges , accidents do happen when a lot of weapons are brought into one area Mr Schlaufman spoke on the types of firearms he believes are being discharged on the property and the associated noise from those weapons during events Mr Schlaufman stated the Board could restrict the business portion to handguns ; however , he expressed concerns that the applicants will still be allowed to shoot other types of firearms outside of the business on the property Mr Schlaufman stated the area is residential with no loud industries and he moved to the area because it is residential He noted he looked at another piece of property near the Shoeheel Community on Old Beulah Road , but there was a shooting range less than ½ mile away from that site He stated they chose not to purchase that property because of the range Mr Schlaufman stated he has invested 300,000 to 400,000 in his property and he would prefer the Board deny the rezoning request Greg Cockrell , 10828 Old Beulah Road , Kenly , stated he owns rental units on Junior Road approximately 700 - 800 feet away from where the firing will take place Mr Cockrell stated he has renters with small children that are concerned as well as EMS workers that work at night and sleep during the day who are concerned over the noise Mr Cockrell stated the shooting is very loud and although he lives a mile away as the crow flies , the applicants recently held an event and the shooting could be heard clearly from his house Mr Cockrell stated he is concerned about impacts to property values and the possible loss of income from his rental properties Mr Cockrell stated other people in the community that are opposed to the request but could not attend the meeting include Coleman Batten , Bryan Batten , Jim and Cindy Casson , Susan Garris , and Edith Creech who all live or own property near the subject site Jeff Phillips , 8302 NC Hwy 96 North , Selma , stated he lives one or two miles from the subject site as the crow flies and he has no problems with the rezoning request Mr Phillips stated gunfire is not uncommon in the area and there are a lot of hunters nearby that use weapons such as black powder guns depending on the time of year He stated on any given Saturday , a person can hear gunshots from all over the area Mr Phillips stated he supports the applicants and feels the proposed use is a good idea He stated there are no shooting ranges in Johnston County and he has attended the applicants ’ class where gun safety is very well taught Nicole Phillips , 8302 NC Hwy 96 North , Selma , stated she also supports the rezoning request and noted she and her husband have allowed the applicants to use their backyard for a few of the recent classes with no complaints from their neighbors She stated the classes are no more than 1 ½ hours long Ms Phillips stated the applicants are good people and the proposal is a good use Ingrid Ihle , 477 Vinson Road , Clayton , stated she is an avid shooter and has known the applicants for a little over a year Ms Ihle stated there is a need for a place where women can go and learn how to handle a firearm safely She stated there are not a lot of places in Johnston County for firearms classes and the applicants offer an environment where women can learn firearm safety without judgment in a safe atmosphere Bonnie Dennis , 600 Ryans Lane , Clayton , stated she does not live near the property but she is ex - military and has attended almost every event held by the applicants Ms Dennis stated she has a lot of experience on a range with a rifle and she can verify that the applicants run a professional operation at all times whether the event is casual or not Ms Dennis also noted that she and her husband recently purchased 17 acres of land surrounded by farms and on any given Saturday or Sunday , they frequently hear gunshots in the surrounding area from their neighbors Page7901 April 7 , 2014 – 6 00 pm Continued Steve Anderson , 812 Southwick Avenue , Clayton , stated he can understand the concerns of the neighbors ; however , he believes the notice sent out spoke of a public gun range , but that is not what is being proposed Mr Anderson stated the proposed use being discussed for the rezoning request is a limited and very specific use Mr Anderson stated it could be argued that a public gun range is a permitted and even appropriate use for 24 acres of land , but that is also not what is being discussed Mr Anderson stated the issue is also not about the recreational use of the property in that the private recreational use of guns on private property is not within the scope of this public hearing Mr Anderson added Johnston County has a Noise Ordinance that specifically excludes guns , but does limit noise in residential areas that is considered excessive or unreasonable and if a citizen feels the noise is in violation of the law then they have remedy at law , but that is also not the subject of the hearing Mr Anderson stated the request before the Board is for the commercial use of the property in support of State requirements to meet handgun proficiency qualifications for concealed carry permits He stated the applicants currently offer one to two classes a month with 60 to 90 minutes of shooting time and both he and his wife have attended their classes Mr Anderson stated the applicants have cleared land for their home on the property and have every intention of moving there He stated the applicants and their business Old School Protection provide an important service to the residents of Johnston County Mr Anderson spoke on Old School Protection as a small business that would bring revenue into the County with attendees buying gas , eating lunch , and otherwise supporting local businesses Mr Anderson spoke on crime statistics stating history has shown that increased gun control leads to more violent crime He stated properly armed and trained citizens provide a deterrent to crime and a lot of people in Johnston County would benefit from the firearms safety instruction offered by the applicants Mr Anderson stated gun ownership is a right and gun safety is a choice He concluded his comments by stating the applicants are a positive influence in Johnston County , are a credit to their community , and are welcomed by his family and many others Mr Anderson noted that one of the instances where the applicants were blamed for shooting was actually him shooting on someone else’s property nearby Mr Anderson asked the Commissioners to approve the request Ed Steiner , 125 Dunmore Drive , Clayton , stated shooting ranges may be good and teaching gun safety is good as are people purchasing goods and services from local businesses , but there has to be land somewhere else that is already zoned properly for such a use Mr Steiner stated people purchased land in that area for the reasons that they chose to live in a residential area and there must be land somewhere else for lease or purchase that would accommodate a business use such as this Paul Haggler , Middlesex , North Carolina Nash County , stated he is a friend of the applicants and has worked with them as an instructor Mr Haggler reported he is an Army veteran where he was a combat pistol and combat rifle instructor Mr Haggler stated he is certified as a military handgun and rifle instructor Mr Haggler reported he was approached by the applicants for help with designing the range and it has been designed for safety with no shooting towards dwellings He added the range is almost 900 feet from any occupied building and even then , shooting is in the opposite direction Mr Haggler also stated he is a 10 - year veteran trauma medic from New York and he acts as medic help for the applicants during the get together events Jerry Samouce , 124 Ironwood Lane , Clayton Cleveland area , voiced his support for the rezoning request noting that his wife was attacked and later learned firearms safety and how to defend herself from the applicants Mr Samouce referenced the petition in support for the rezoning At Mr Samouce’s request , approximately 20 people in the audience stood up in support of the rezoning request At the request of Commissioner Allen L Mims , Jr , approximately 15 people in the audience stood up in opposition to the rezoning request Chairman Jeffrey P Carver reminded everyone that the Board is focusing on the rezoning request as a commercial use , not the recreational private use of the property Wayne Cockrell , 10720 Old Beulah Road , Kenly , stated he lives within hearing distance of the subject site and his main concern is noise Mr Cockrell stated most of the people that have spoken in favor of the rezoning request do not live in the area and they cannot hear the noise while it is happening Mr Cockrell stated he is opposed to the rezoning request Page8902 April 7 , 2014 – 6 00 pm Continued Upon a question by Commissioner Chad M Stewart , Mr Gray reported the zoning stays with the property , so if the rezoning request were approved and the property later sold , the new owners would be allowed to operate the business and would be subject to the same conditions Mr Gray reported the Planning Board recommended approval Mr Gray clarified that as Mrs Collins stated in her remarks , there are some businesses in the area ; however , there are no business zonings Mr Gray further clarified that in the public notice sent for the Board of Commissioners ’ public hearing for Case 14 - 02 , it was never advertised as a public range At the inquiry of Commissioner Godwin , Mr Gray stated the recommendation for approval from the Planning Board was a split vote 5 - 4 for the rezoning Commissioner Mims recalled the comments by Mr Steiner that there must be land somewhere else already be zoned appropriately for this type of use and he asked if the proposed use is allowed within any other zoning classifications , such as Industrial , without a special use Mr Gray stated the proposed use is not listed as a permitted use within any of the zoning districts and the ordinance requires a special use permit regardless of the zoning He clarified that the use is not prohibited in other zonings , and if someone had property already zoned Industrial , they would still need to come in for the special use permit Commissioner Mims commented that having such a use , as is being proposed for Case 14 - 02 , within an indoor facility or in an industrial area where there is already a lot of noise would be better than in an Agricultural Residential area ; however , that is not the request presently before the Board There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 02 Decision on Rezoning Case 14 - 02 Case 14 - 02 Petition to rezone 177 acres of a 2443 acre tract located at 2444 Junior Road in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11O03086A Owner Sanders Associates Group I LLC Applicant Scott and Tricia Collins Commissioner Ted G Godwin stated he grew up