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

10 244 Meeting of the Johnston County Board of Commissioners October 6 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 6 , 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 , Ted G Godwin , DeVan Barbour , 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 A Security at Johnston Health Smithfield Medical Facility Mr Kyle McDermott , Senior Administrative Director for Support Services at Johnston Health , addressed the Board on the need for security officers at the Johnston Health Smithfield Medical Facility Mr McDermott stated they have spoken with Sheriff Steve Bizzell about having deputies placed at the Smithfield Center Emergency Department seven days a week from 6 00 pm until 6 00 am Mr McDermott reported they have worked with Sheriff Bizzell on having informal off - duty officers stationed at the hospital on the weekend evenings which has worked well , but after a recent State inspection as well as growing concerns for the staff and patients , Johnston Health would like to have a formal contract for law enforcement at the hospital He stated this would be a pilot program at the Smithfield hospital and there will be discussions in the future about the possibility of adding security at the Clayton facility Sheriff Steve Bizzell also addressed the Board and concurred with Mr McDermott’s request ; however , he asked for the support and approval of the Board of Commissioners before moving forward noting he will need two new deputy positions Sheriff Bizzell stated Johnston Health would like to begin the service on November 1 , 2014 and he would move forward with hiring the officers if the Board approves the request He noted Johnston Health would reimburse the County to cover the costs associated with the new officers Following brief discussion , upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Cookie Pope , and carried unanimously , the Board voted to approve the two new deputy positions to be placed at the Johnston Health Smithfield Medical Facility as requested along with the appropriate budget revision for funding of the positions coming from reimbursements by Johnston Health 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – September 24 and October 1 , 2014 Certified letters were mailed to adjoining property owners on September 22 , 2014 Notices were posted at the locations on August 5 , 2014 , for Cases 14 - 15 ; 14 - 16 ; 14 - 17 ; 14 - 18 ; 14 - 19 ; and 14 - 20 The Chairman opened the Rezoning Hearing for Case 14 - 15 Case 14 - 15 Petition to rezone 30 acres out of a 276 acre tract located off Old Denning Road SR 2317 in Boon Hill Township from Agricultural Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 04P09010 Owner Sidney Albert Wellons , III Life Estate Applicant Chris Ogus Planning Director Berry Gray stated the petition is to rezone 30 acres of a 276 acre tract located off Old Denning Road in Boon Hill Township from Agricultural Residential to Industrial 1 – Special Use District He noted the special use request associated with the rezoning to allow for automotive dismantling for parts sales , towing recovery , and automotive storage Mr Gray reported the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for such purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Gray pointed out the subject site and neighboring properties on the aerial photograph for the Board Page245 October 6 , 2014 – 6 00 pm Continued At the inquiry of Commissioner Ted G Godwin , Mr Gray noted the proposed area of ingress egress to the property on the aerial photograph for the Board Applicant Christopher Ogus , 41 S Sussex Drive , Smithfield , addressed the Board and read the following statement I am Christopher Harlan Ogus , owner of HS Auto Parts , LLC I have lived in Johnston County for over 25 years I married Nicole Wellons who is the daughter of the landowner Sidney Albert Wellons , III I have been a part of this family for 10 years My career is selling auto parts on the internet I started operating out of my home eventually renting space from Doug Tetrick , who owns T & W Machine and Welding My father in law , Sidney , has had multiple strokes which has left him unable to talk and is limited in his activities Sidney lives alone This location will serve my business needs as well as helping to meet the needs of my father - in - law who is at high risk My business is dismantling vehicles and selling the parts on the internet Once a vehicle is pulled on site and into the garage , it will be drained of all fluids which will be properly disposed of as required by regulations , dismantled and then hauled to a recycling facility The garage will also be used for storage of vehicle parts This will not be a junk yard and will not be open to the public There will not be any increase in traffic besides the occasional Fed Ex delivery truck to pick up packages All sales are generated from the internet and small handheld tools are used to dismantle which will eliminate any potential noise The proposed site will be surrounded on three sides with natural barriers and additional trees plants will be planted as required by Johnston County zoning laws In addition to this , I must construct an 8 ft fence to surround the area which will ensure that neighbors will not be able to see through the fence The proposed site is located on Old Denning Road which is 13 miles long There are currently typical rural housing with barns , shelters , storage garages , mobile homes , stick built homes , and brick homes In addition , the road includes active farm land , pastures and wooded areas Old Denning Road runs from Wellons Boyette Road to Old Rock Quarry Road The proposed site is located 5 miles from Wellons Boyette Road and 8 miles from Old Rock Quarry Road and will approximately be 700 ft off the road All of the adjoining property owners have signed in agreement to rezone the proposed site Three out of four homes located directly across from the site have shown their support with the rezoning I had previously requested light industrial zoning which would have allowed a maximum of 72 vehicles at any one time I never intended to have that many cars The site plan contained 72 spaces and I went with it and didn’t know how it would look In an effort to address the concerns voiced I have changed my request to General Business which will allow 15 to 20 vehicles I also have requested that towing and recovery be omitted which will eliminate any potential traffic to the area There was a lot of misconception about this at first and that was my fault as I didn’t speak with many residents prior to my zoning proposal I’m sorry that I didn’t as I have never done this before I would have been skeptical too because if you live in this nice area and here comes someone you don’t really know trying to rezone along with rumors of a big salvage yard , traffic , customers and oil being dumped out I can assure you my little private shop is nothing that some of the residents are picturing it to be I am pleased that I was able to gain 17 signatures from people who support what I’m trying to do I will continue to comply with all State and County laws that are applicable to the proposed site and to the operation of the business Your vote of support would be greatly appreciated Mr Ogus stated his father - in - law Sidney Wellons would like to speak but due to health concerns is unable to and his daughter Natalie will be reading a letter from Mr Wellons Commissioner Tony Braswell asked to see a copy of the petition in support Mr Ogus submitted the petition in support to the Board for the record Commissioner Allen L Mims , Jr asked Mr Ogus if he is requesting to remove towing and recovery from the use , how the vehicles would be transported to the site Page246 October 6 , 2014 – 6 00 pm Continued Mr Ogus stated towing and recovery was included for instances where people had accidents and the Highway Patrol requested a tow truck and storage Mr Ogus explained he has changed his plan so only the vehicles he purchases for dismantling will be on site Mr Ogus stated he will use a tow dolly behind his truck to get the vehicles he purchases to the site Upon a question by Commissioner Chad M Stewart , Mr Ogus stated there will be no public towing or storage Mr Ogus requested to reduce the number of vehicles allowed to 15 – 20 cars Natalie Wellons , speaking on behalf of her father and property owner Sidney Wellons , III read the following statement for Mr Wellons My name is Sidney Wellons and I am the landowner of the proposed rezoning site I have lived in this area for 58 years I am unable to speak clearly due to my strokes and even though my voice cannot be heard , I would like for all of my neighbors to hear my thoughts Chris has been a part of my family for ten years now He is my son - in - law and has been there for me through tough times as I am not able to function like I used to and live by myself I would really like for Chris to be able to work on my land because it would give me something to do and someone to visit with He can also keep an eye on me at the same time I have lived on Old Denning Road for 30 + years now and I view the neighbors as one big family Everyone is important to me as well as their concerns Chris gave me his word that he would maintain his workspace in a nice manner He will keep the grass cut and make sure the area is nice and clean The remainder of my lot will continue to be farmed as it has been I want to thank you all for giving me a chance to be heard At the request of Commissioner Mims , Ms Wellons noted the location of her father’s residence on the aerial photograph for the Board Cathie Shuler , 445 Motorcycle Road , Clayton , spoke in support of Mr Ogus Ms Shuler read and submitted a copy of a letter from Doug Tetrick who Mr Ogus is currently renting space from Ms Shuler noted she does not live in the subject area but she is here to support Mr Ogus She read the following I am Cathie Shuler and I am here to support Chris as someone who has known him for over 15 years Some 42 years ago , I was given an opportunity to start a business in Johnston County A County that is very dear to me During that process I was helped by many who believed in me including the Commissioners and the local bank Without their help I would not have been able to fulfill my dream Today I am here to pay it forward and to ask you to allow Chris an opportunity Supporting small business is very important to our County as it has always been the backbone of growth Giving our youth an opportunity to remain in our great County is essential to our future Page247 October 6 , 2014 – 6 00 pm Continued Chris has been in business for five years and is in need of a location of his own He is a very responsible , caring and trusting young man that I have the utmost confidence in Chris and I have reached out to the neighbors in an effort to relieve them of their concerns We have pictures of the surrounding areas that will provide you with a visual of the proposed site I can assure you that Chris will be an outstanding neighbor as he is an outstanding young man Your vote for his support would be greatly appreciated Ms Shuler submitted and reviewed a package of photographs of the area to the Board , noting the location of the subject site in relation to neighboring properties , pointing out those properties in favor of the rezoning request Tammy Worley , 460 Old Denning Road , stated she lives across the street from the subject site Ms Worley stated when Mr Ogus first approached her about the business , he told her he was planning to restore vehicles which she did not have a problem with because she felt that use was a small business and would not cause much traffic Ms Worley expressed concerns that after that first meeting with Mr Ogus , he changed his plans to include uses such as towing and recovery Ms Worley continued now Mr Ogus is requesting to have towing and recovery removed although even with reducing the amount of cars allowed in storage , towing will still occur to get cars on and off the site Ms Worley expressed concerns that people will still be coming to the site to purchase parts even though Mr Ogus has indicated he plans to sell the parts online only Ms Worley continued her remarks stating all the residents on the road have well water and she is concerned that fluids from the dismantling operation will contaminate the wetlands and then their wells Ms Worley stated there is no water line for them to connect to if that happens Ms Worley added as a business owner in Smithfield , she supports businesses and does not have a problem with someone starting a business , but she is unsure exactly what Mr Ogus plans to do on the site Ms Worley stated at one point Mr Ogus indicated he would be moving to the site , but she has now learned that may not happen until later on Ms Worley stated she is concerned over traffic , well water contamination issues , does not want the area to become commercial and is opposed to the request Wayne Rowe , 915 Old Denning Road , spoke in opposition to the request Mr Rowe stated he has lived and hunted in the area all his life Mr Rowe described the area for the Board stating they have flooding in the subject area during heavy rain events He stated the field slopes downhill towards the subject site and all the water will drain to that area Mr Rowe expressed concerns that the site will become a junkyard and there will be environmental problems with the flooding Vickie Edwards , 186 Old Denning Road , spoke in opposition to the request Ms Edwards stated she has many of the same concerns as Ms Worley and Mr Rowe , and that she is also concerned the business will cause rodent problems Ms Edwards expressed concerns over negative impacts to neighboring property values She noted Mr Ogus has revised his request to reduce the number of cars allowed to 15 or 20 ; however , she asked if he decides to go back to his original request of 72 , what would stop him from doing that Ms Edwards stated she would like to know how long cars would be stored on the site and what would happen to the site if the business fails Ms Edwards also asked how often the Environmental Protection Agency would inspect the site Ms Edwards stated her opposition has nothing to do with Mr Ogus ’ character Lynwood Rains , Old Denning Road , stated he lives next to the subject site and pointed out the location of his property in relation to the subject site on the aerial photograph for the Board Mr Rains stated they have problems with flooding as well as beavers Mr Rains stressed there will be flooding problems on the subject site and he spoke on his concerns over contamination and pollution problems with the branch and area water wells Mr Rains stated his concerns have nothing to do with Mr Ogus ’ character , but he is concerned over putting this type of business close to the branch knowing all the property owners get their water from wells Lindsay Willoughby , 471 Old Denning Road , stated she lives on the road as a renter at present Ms Willoughby stated she signed the petition in support ; however , she now feels she has been misled as to the intended use and she is no longer in support of the request Ms Willoughby stated they were also told Mr Ogus planned to restore cars and she expressed concerns over the request changing and stated the residents do not want the use presently proposed Ms Willoughby stated her family plans to build a house on the road and she is concerned over water well contamination problems Jerry Weeks , 340 Old Denning Road , spoke in support of the request Mr Weeks stated he lives across from the land in question and has lived there for 20 years using a shallow well for water Mr Weeks reported most of the land on Old Denning Road is agricultural and the farmers who tend the land use pesticides ,PagePage pageNumber5248 October 6 , 2014 – 6 00 pm Continued herbicides , etc which is part of living in the country Mr Weeks noted there have been businesses on the road in the past and recalled that Ms Worley’s property was once a greenhouse operation that used fertilizers , pesticides as well as tractor trailers coming and going on a regular basis Mr Weeks stated he supports what Mr Ogus is trying to do and even with a shallow well , he has no concerns At the inquiry of Commissioner Mims , Mr Weeks stated where he lives there is rock approximately 25 to 30 feet down in the ground which is about where his well is Mr Weeks stated he has always had plenty of water Rob Cruse , 263 Old Denning Road , spoke in support of the request stating he feels Mr Ogus will keep a clean and nice business Mr Cruse stated he does not believe there will be problems and agreed with Mr Weeks that the farmers in the area use pesticides and other chemicals on the land At the request of Chairman Jeffrey P Carver , approximately seven people in the audience raised their hands in support of the request and approximately 15 people raised their hands in opposition Mr Ogus readdressed the Board and stated he does plan to eventually live on the property , that he and his wife are saving their money to build a house and he would never do anything to contaminate the earth or his family’s land which he intends to live on Mr Ogus noted there are many companies that will pick up the fluids from the cars and reiterated it was never his intention to have 72 cars on the site Mr Ogus stated 72 spaces were drawn on the site plan , but stated he was new at this and thought that was a maximum number that had to be put on the plan Mr Ogus stated he feels the biggest concern is pollution which he understands He continued he will not spill any fluids on the land , although possibly a drop or two may leak ; however , that amount is no more than an average car on the roadway Upon questions by Chairman Carver and Commissioner Mims , Mr Ogus stated if he works all day , he can have a car dismantled and the parts for sale within two days and he has no other employees Mr Ogus stated he has been dismantling cars and selling the parts online for five years and has been making a living at it He reiterated that he does not sell to the public Mr Ogus stated he stores the parts in a building using totes and stacking shelves He stated he ships out parts almost every day through Fed Ex Mr Ogus stated there will be no other traffic other than himself and Fed Ex Commissioner DeVan Barbour asked once the parts are dismantled , how long do the car shells remain on the site Mr Ogus responded it varies as to how long the car shells remain on site and can sometimes be a couple of weeks depending on how busy he is or what type of car it is Barbara Rains , Old Denning Road , wife of Lynwood Rains that spoke previously , stated she is speaking for her property as well as her son’s property right across the road Ms Rains stated they have lived there for 20 years and she noted the location of a barn on her property on the aerial photograph for the Board Ms Rains stated they have had flooding up to where the barn is located with their animals in standing water She continued if heavy rains occur , the subject site will be flooded and fluids from the cars that the applicant has not had time to drain will cause contamination Mr Gray reported the Planning Board recommended denial Mr Gray stated to his knowledge the subject site is not located in the 100 year flood plain ; however , there is a blueline stream back there Upon a question by Commissioner Braswell , Mr Gray confirmed the subject site is located in a Primary Growth Area of the County according to the County’s Comprehensive Land Use Plan There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 15 Decision on Rezoning Case 14 - 15 Case 14 - 15 Petition to rezone 30 acres out of a 276 acre tract located off Old Denning Road SR 2317 in Boon Hill Township from Agricultural Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 04P09010 Owner Sidney Albert Wellons , III Life Estate Applicant Chris Ogus PagePage pageNumber6249 October 6 , 2014 – 6 00 pm Continued Motion and second Commissioner Chad M Stewart 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 - 15 to rezone 30 acres out of a 276 acre tract located off Old Denning Road in Boon Hill Township from Agricultural Residential to Industrial 1 – Special Use District be approved Commissioner DeVan Barbour seconded the motion Discussion Commissioner DeVan Barbour asked for clarification if the motion to approve was for Industrial 1 – Special Use District or General Business – Special Use District as was requested by the applicant Planning Director Berry Gray stated the original request was for Industrial 1 – Special Use District and if the applicant is requesting General Business – Special Use District he would recommend the applicant going back through the Planning Board as well as re - advertising Mr Gray noted it is not necessary to change the request to General Business because a special use would be attached either way and any conditions would stay with the property Mr Gray pointed out the property on the monitor for the Board , noting the location of the 100 year flood plain which the subject site is not in nor is it located in any flood plain Commissioner Chad M Stewart commented on his motion that the decision is a tough one and he understands everyone’s concerns ; however , he noted he does live near a business with this type of use and they get along fine Commissioner Stewart stated he can appreciate the residents ’ concerns and he hopes the situation on Old Denning Road will be the same as his Commissioner Tony Braswell stated he is struggling with rezoning the property from Agricultural Residential to Industrial 1 – Special Use District noting that is a big leap Upon further discussion , County Attorney David Mills advised he would leave the request and motion as is for rezoning to Industrial 1 – Special Use District because there will be special use conditions added to the property to limit the use , if approved Commissioner Allen L Mims , Jr asked County Manager Rick Hester to put the residents concerned over beavers in touch with the Cooperative Extension office Vote The motion carried by the following vote Ayes Commissioners Jeffrey P Carver , Cookie Pope , Allen L Mims , Jr DeVan Barbour , Ted G Godwin , and Chad M Stewart Nays Commissioner Tony Braswell The Chairman opened the Special Use Hearing for Case 14 - 15 Case 14 - 15 To allow for automotive dismantling for parts sales and automotive storage Owner Sidney Albert Wellons , III Life Estate Applicant Chris Ogus Those wishing to speak on Special Use Case 14 - 15 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the original request was to allow for automotive dismantling for parts sales , towing recovery , and automotive storage He noted the applicant has requested to remove towing recovery from the use Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 15 on May 29 , 2014 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 PagePage pageNumber7250 October 6 , 2014 – 6 00 pm Continued • 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 August 19 , 2014 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 15 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 14 - 15 , seconded by Ms Hackler , with Mr Massengill agreeing , the motion failed by a 4 - 3 vote with Mr Summerlin , Mr Creech , Mr DeLaine and Mr Stewart voting to deny The Johnston th , 2014 Planning Board meeting County Planning Board denied Rezoning Case 14 - 15 at the August 19 Mr Gray submitted the following proposed findings of facts and special use conditions 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 parcel to be rezoned is located well off of Old Denning Road and surrounded by woods so the sight will not be highly visible by the neighbors Also the entire operation is to be fenced Staff The applicant will be subject to special use conditions and state and federal laws 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 We have designed the site to meet the current setbacks and regulations for the requested I1 - SUD zoning Staff The facility meets the setback and access requirements and complies 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 Hours of operations will be Mon - Sat 7am - 6pm , no Sundays and operations will not be opened for public use Only 1 person will work on site and that is the operator Staff Site shall be sufficiently buffered screened This , 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 Building site meets building setbacks and restrictions required for automotive towing and recovery service 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 automotive dismantling for parts sales , towing recovery , and automotive storage Special Use Conditions 1 Permitted Uses Automotive dismantling for parts sales , towing recovery , and automotive storage 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 72 vehicles , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 No signage at Old Denning Road since site is not open to the public 8 Hours of operation shall be limited to Monday – Saturday 7 00am - 6 00pm ; with the allowance for 24 hour towing Not open to the public 9 No automotive crushing allowed onsite 10 Must properly contain and dispose of all automotive fluids , batteries , and other environmental hazards PagePage pageNumber8251 October 6 , 2014 – 6 00 pm Continued Mr Gray reviewed the proposed special use conditions with the Board He stated since the applicant has requested to remove towing recovery from the request , he would recommend deleting that language from condition # 1 as well as “ with the allowance for 24 hour towing ” from condition # 8 Mr Gray also suggested revising condition # 6 in accordance with the applicant’s request to allow for 15 vehicles in storage Commissioner DeVan Barbour asked about “ automotive storage ” being a part of condition # 1 and expressed concerns that folks could pay the applicant to store their cars on the site for other reasons not related to the business He asked how automotive storage is being defined Commissioner Chad M Stewart indicated even if that were to happen those cars would be included in the limited number allowed for automotive storage Commissioner Barbour stated storing cars for other people for a fee is not what the applicant has said he intends for the business and it could make a significant difference in the use for the property Commissioner Allen L Mims , Jr agreed and stated an example of such a situation could be where someone paid the applicant to store a Recreational Vehicle on the site which is not a part of the dismantling businesses and that could create complaints from neighboring property owners Commissioner Mims suggested revising the language in condition # 1 to address automotive storage Chairman Jeffrey P Carver asked for a recommendation on how to revise condition # 1 to address concerns with automotive storage Mr Gray stated the Board could revise the condition to read “ Permitted Uses Automotive dismantling for parts sales and associated automotive storage ” Chairman Carver also asked if the Board should include language that sales will be done through the internet only Mr Gray stated language is already included in condition # 8 which states the use would not be open to the public which should deter any walk - in traffic Commissioner Ted G Godwin asked for clarification on the number of vehicles that will be limited for storage It was the consensus of the Board to limit the number of cars in storage to 15 Chairman Carver called for the applicant to address the Board and then stated the Board would hear from any others that were sworn in County Attorney David Mills informed everyone that this is a quasi - judicial decision by the Board of Commissioners which is based on physical evidence and not speculation or hearsay Chairman Carver informed the audience that once the Board makes a decision on the special use permit and sets the conditions for the permit , the applicant must abide by those conditions ; otherwise he will be in violation and must cease operations Applicant Chris Ogus , 41 S Sussex Drive , Smithfield , confirmed he agrees to all the proposed conditions as have been discussed during the hearing Barbara Rains , Old Denning Road , stated she would like to know how large of a building the applicant would be allowed to build on the site and what it would look like Ms Rains also asked the Board to consider putting a time limit as to how long a specific car could sit on the property Ms Rains further asked if the business fails what would happen to the zoning at that point Ms Rains expressed concerns as to who would clean up the property if Mr Ogus left Chairman Carver explained the zoning stays with the property and if Mr Ogus leaves , someone coming in behind him would be subject to the same special use permit and conditions Tammy Worley , 460 Old Denning Road , asked about the fencing requirement as well as precautions for wetlands Ms Worley also asked the Board to consider a later start time on the hours of operation due to noise PagePage pageNumber9252 October 6 , 2014 – 6 00 pm Continued At the inquiry of Ms Worley , the Board confirmed that the site would not be open to the public , just the Fed Ex truck for packages Commissioner Ted G Godwin noted he does not think noise will be an issue because the dismantling will be done inside the building Commissioner Stewart noted the applicant could only operate during the approved hours of operation Commissioner Barbour stated for clarification , on the fencing requirement , the condition calls for an “ opaque fence or vegetative screening ” and he wants everyone to know that even though it will be screened , the applicant will have options Mr Gray explained that if the applicant were to use vegetative screening , it would have to be more intense than a typical Class B buffer to the point where it is equivalent or greater than an opaque fence Mr Mills stated he wants everyone to understand that the fencing condition only requires screening around the outdoor storage area and not the entire site , although he understands the applicant is proposing a fence around the entire facility Mr Gray confirmed the County’s ordinance only requires opaque screening around the outdoor storage area ; however , the applicant is proposing to fence around the entire site as is drawn on the site plan Vickie Edwards , 186 Old Denning Road , asked if the applicant would be allowed to start the business before complying with the special use conditions Chairman Carver stated that the applicant must comply with the special use conditions first otherwise the business would be out of compliance Mr Gray advised against limiting how long a specific vehicle can remain on the site stating this would be difficult to monitor by staff and instead he would recommend limiting the total number of vehicles allowed on site Mr Gray reported on the question as to what happens if the applicant leaves the site , the County has recourse to make sure the site is cleaned up through Code Enforcement Based on the discussions , Mr Gray reviewed the following revised special use conditions 1 Permitted Uses Automotive dismantling for parts sales , towing recovery , and associated automotive storage 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 72 15 vehicles , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 No signage at Old Denning Road since site is not open to the public 8 Hours of operation shall be limited to Monday – Saturday 7 00am - 6 00pm ; with the allowance for 24 hour towing Not open to the public 9 No automotive crushing allowed onsite 10 Must properly contain and dispose of all automotive fluids , batteries , and other environmental hazards There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 15 Decision on Special Use Case 14 - 15 Case 14 - 15 To allow for automotive dismantling for parts sales and automotive storage Owner Sidney Albert Wellons , III Life Estate Applicant Chris Ogus Based on the findings of facts and special use conditions as listed below , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 14 - 15 to allow for automotive dismantling for parts sales and associated automotive storage on 30 acres out of a 276 acre tract located off Old Denning Road in Boon Hill Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Page0253 October 6 , 2014 – 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 ; Applicant The parcel to be rezoned is located well off of Old Denning Road and surrounded by woods so the sight will not be highly visible by the neighbors Also the entire operation is to be fenced Staff The applicant will be subject to special use conditions and state and federal laws 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 We have designed the site to meet the current setbacks and regulations for the requested I1 - SUD zoning Staff The facility meets the setback and access requirements and complies 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 Hours of operations will be Mon - Sat 7am - 6pm , no Sundays and operations will not be opened for public use Only 1 person will work on site and that is the operator Staff Site shall be sufficiently buffered screened This , 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 Building site meets building setbacks and restrictions required for automotive towing and recovery service 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 automotive dismantling for parts sales , towing recovery , and automotive storage Special Use Conditions 1 Permitted Uses Automotive dismantling for parts sales and associated automotive storage 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 , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 No signage at Old Denning Road since site is not open to the public 8 Hours of operation shall be limited to Monday – Saturday 7 00am - 6 00pm Not open to the public 9 No automotive crushing allowed onsite 10 Must properly contain and dispose of all automotive fluids , batteries , and other environmental hazards The Board took a five minute recess The Chairman reopened the Rezoning Hearing for Case 14 - 16 Case 14 - 16 Petition to rezone 30 acres out of a 6202 acre tract located at 4250 Bizzell Grove Church Road SR 2141 in Pine Level Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 12O09043 Owner Blanco Benjamin and Beebe Oliver Parker Applicant ESA Princeton NC , LLC Planning Director Berry Gray stated the petition is to rezone 30 acres out of a 6202 acre tract located at 4250 Bizzell Grove Church Road in Pine Level Township from Agricultural Residential to Industrial 2 – Special Use District He noted the special use request associated with the rezoning to allow for a solar utility facility Mr Gray reported the site has been used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as the site is adjacent to a grading contractor’s office The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray reported at the Planning Board meeting there was concerns expressed from the community , but since that time , the applicant held a community meeting with eight to ten people present to ask questions and receive information , which has been included in the Board’s agenda packets Commissioner Ted G Godwin asked Mr Gray if any of the concerned folks visited the solar utility facility near North Johnston High School Page1254 October 6 , 2014 – 6 00 pm Continued Mr Gray responded a couple of people did reference at the Planning Board meeting that they did visit the solar utility facility near North Johnston High School Kirk Kieffer with ESA Princeton NC , LLC , the applicant , presented a packet of information to the Board on their company and solar utility operations Mr Kieffer offered to answer any questions Upon a question by Commissioner Godwin , Mr Kieffer stated the grass is mowed on the site as needed which is the only continual maintenance At the inquiry of Commissioners Allen L Mims , Jr and Tony Braswell , Mr Kieffer stated the electricity generated goes directly to the grid He reported they operate numerous solar utility facilities around the State Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 16 Decision on Rezoning Case 14 - 16 Case 14 - 16 Petition to rezone 30 acres out of a 6202 acre tract located at 4250 Bizzell Grove Church Road SR 2141 in Pine Level Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 12O09043 Owner Blanco Benjamin and Beebe Oliver Parker Applicant ESA Princeton NC , LLC Commissioner Allen L Mims , Jr 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 - 16 to rezone 30 acres out of a 6202 acre tract located at 4250 Bizzell Grove Church Road in Pine Level Township from Agricultural Residential to Industrial 2 – 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 - 16 Case 14 - 16 To allow for solar utility facility Owner Blanco Benjamin and Beebe Oliver Parker Applicant ESA Princeton NC , LLC Those wishing to speak on Special Use Case 14 - 16 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 a solar utility facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 16 on May 30 , 2014 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 August 19 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 16 and made the following recommendations Upon a motion by Mr Summerlin to approve the Rezoning Case 14 - 16 , seconded by Mr DeLaine , with a unanimous vote th , 2014 meeting of 8 - 0 , the Johnston County Planning Board approved Rezoning Case 14 - 16 at their August 19 Consistency StatementPage2255 October 6 , 2014 – 6 00 pm Continued This request is consistent with the Comprehensive Land Use Plan The request is reasonable and in the public interest in that the use can be limited in scope through the use of special conditions to blend in with the area 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 for Rezoning Case 14 - 16 , seconded by Mr Creech , th carried by a unanimous vote of 8 - 0 , the Special Use Conditions for Rezoning Case 14 - 16 were approved at the August 19 , 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 solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and a landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site Staff The site will be fenced in completely and the solar panels are not to generate any safety issues or a nuisance to surrounding property owners This request 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 In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be set back at least 20 feet from all property lines 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 Special care will be taken to maintain the value of contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure , such as schools , water , and or waste systems Staff The site will be maintained by someone locally , 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 The solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area 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 a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 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 Provide 5 small evergreen trees and 5 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense Along the four Hunter’s Cross lots and the northern zoning boundary , provide 8 evergreen trees and 8 evergreen shrubs every 100 linear feet 6 Maximum height of equipment shall be 12 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair Mr Gray listed and reviewed the special use conditions with the Board Commissioner Allen L Mims , Jr asked about the setback in relation to the buffer Mr Gray stated the applicant has incorporated the setback within the buffer which he believes is a 50 ft setback area Page3256 October 6 , 2014 – 6 00 pm Continued Upon a question by Commissioner Ted G Godwin , Kirk Kieffer with ESA Princeton NC , LLC , the applicant , stated there will not be a security person on site Mr Kieffer confirmed they are agreeable to the special use conditions Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 16 Decision on Special Use Case 14 - 16 Case 14 - 16 To allow for solar utility facility Owner Blanco Benjamin and Beebe Oliver Parker Applicant ESA Princeton NC , LLC Based on the findings of facts and special use conditions as listed below , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 14 - 16 to allow for a solar utility facility on 30 acres out of a 6202 acre tract located at 4250 Bizzell Grove Church Road in Pine Level Township Commissioner DeVan Barbour seconded the motion which carried by unanimous vote 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 solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and a landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site Staff The site will be fenced in completely and the solar panels are not to generate any safety issues or a nuisance to surrounding property owners This request 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 In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be set back at least 20 feet from all property lines 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 Special care will be taken to maintain the value of contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure , such as schools , water , and or waste systems Staff The site will be maintained by someone locally , 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 The solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area 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 a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 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 Provide 5 small evergreen trees and 5 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense Along the four Hunter’s Cross lots and the northern zoning boundary , provide 8 evergreen trees and 8 evergreen shrubs every 100 linear feet 6 Maximum height of equipment shall be 12 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall Page4257 October 6 , 2014 – 6 00 pm Continued 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair The Chairman reopened the Rezoning Hearing for Case 14 - 17 Case 14 - 17 Petition to rezone a 182 acre tract located at 9146 Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 06F04012Y Owner Cleveland Pointe LLC Applicant Cleveland Pointe LLC Planning Director Berry Gray stated the petition is to rezone a 182 acre tract located at 9146 Cleveland Road in Cleveland Township from Agricultural Residential to Community Business Mr Gray reported the site was formerly used as a child care facility The surrounding land uses are zoned Agricultural Residential and Planning Unit Development for agricultural and residential purposes and youth league ball fields ; Agricultural Residential – Special Use District for senior apartments ; Community Business for numerous commercial businesses ; and General Business – Special Use District for batting cages , place of worship , automotive 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 Additionally , this site is located within a “ Neighborhood Centers ” activity node Jonathan Barnes of Dalton Engineering & Associates , 446 E Main Street , Clayton , representing the applicant , offered to answer any questions Mr Gray reported the request is consistent with the Comprehensive Land Use Plan and is recommended for approval by staff and the Planning Board There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 17 Decision on Rezoning Case 14 - 17 Case 14 - 17 Petition to rezone a 182 acre tract located at 9146 Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 06F04012Y Owner Cleveland Pointe LLC Applicant Cleveland Pointe LLC Commissioner DeVan Barbour 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 - 17 to rezone a 182 acre tract located at 9146 Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential AR to Community Business be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 14 - 18 Case 14 - 18 Petition to rezone 10 acre of an 86 acre tract located at 4834 NC Hwy 50 South in Meadow Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 01F10066C Owner Jeremy Norris Applicant Jeremy Norris Planning Director Berry Gray stated the petition is to rezone 10 acre of an 86 acre tract located at 4834 NC Hwy 50 South in Meadow Township from Agricultural Residential to Community Business – Special Use District He noted the special use request associated with the rezoning to allow for the operation of a museum , gift shop , produce stand , restaurant grill , and special events Mr Gray reported the site was formerly used as a residence The surrounding land uses are zoned Agricultural Residential and used for such purposes ; General Business – Special Use District for a distillery and automotive repair facility ; General Business for a community store and feed store ; and Industrial - 1 and vacant The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Applicant Jeremy Norris , 4870 NC Hwy 50 S , Benson , stated the building belonged to his grandfather who lived there and operated a produce stand out of it Mr Norris continued he opened the distillery about three years ago and he has a lot of visitors Mr Norris stated he wanted to have the proposed use at the distillery , but when his grandfather passed away he decided to use the building as a gift shop , tasting room , etc Mr Gray reported the Planning Board recommended approval Page5258 October 6 , 2014 – 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 18 Decision on Rezoning Case 14 - 18 Case 14 - 18 Petition to rezone 10 acre of an 86 acre tract located at 4834 NC Hwy 50 South in Meadow Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 01F10066C Owner Jeremy Norris Applicant Jeremy Norris Commissioner Ted G Godwin 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 - 18 to rezone 10 acre of an 86 acre tract located at 4834 NC Hwy 50 South in Meadow Township from Agricultural Residential to Community Business – Special Use District be approved Commissioner Chad M Stewart seconded the motion