December 1, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 328 Meeting of the Johnston County Board of Commissioners December 1 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 1 , 2014 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Request for Portrait Hanging in Old Superior Courtroom of The Honorable Will R Crocker Representative N Leo Daughtry addressed the Board and recognized the service of The Honorable Will R Crocker as Clerk of Superior Court in Johnston County Representative Daughtry stated the Johnston County Bar Association would like to honor that service by placing Mr Crocker’s portrait in the Old Superior Courtroom and requested the Board’s permission He stated if approved , the portrait placement would take place on December 11 , 2014 Commissioner Cookie Pope moved the Board approve for the portrait of The Honorable Will R Crocker to be placed in the Johnston County Courthouse Old Superior Courtroom Commissioner Ted G Godwin seconded the motion which carried by unanimous vote Commissioner Allen L Mims , Jr asked for the future that perhaps criteria could be established that would be used for selecting future portraits Representative Daughtry agreed and stated a committee has been created to develop a protocol Remarks from the Chairman Chairman Tony Braswell stated the rezoning and special use public hearings will now begin He read a statement that provided an overview of the rezoning special use public hearing process as well as guidelines for speaking during the hearings 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – November 19 and 26 , 2014 Certified letters were mailed to adjoining property owners on November 17 , 2014 Notices were posted at the locations on October 2 , 2014 for Cases 05 - 33 MOD ; 14 - 24 ; and 14 - 23 The Chairman opened the Special Use Hearing for Case 05 - 33 MOD Case 05 - 33 MOD Petition to modify a Special Use Permit for 9 acres located at 7384 NC Hwy 222 in O’Neals Township zoned General Business – Special Use District GB - SUD for a shopping center and all permitted uses in GB district with certain exclusions Tax ID 11O03110 Owner Global Market Import and Export Inc Applicant Global Market Import and Export Inc – Chuck Igba Modification to allow for the addition of automotive mechanical paint and body repair , automotive storage , and community event center to the existing SUP Those wishing to speak on Special Use Case 05 - 33 MOD were sworn in by the Deputy Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to modify a special use permit for 9 acres located at 7384 NC Hwy 222 in O’Neals Township zoned General Business –Page329 December 1 , 2014 – 6 00 pm Continued Special Use District for a shopping center and all permitted uses in the General Business district with certain exclusions The modification is to allow for the addition of automotive mechanical paint and body repair , automotive storage , and community event center to the existing special use permit Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 33 MOD on September 2 , 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 , 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 October 21 , 2014 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 33 MOD and made the following recommendations Upon a motion by Mr Stewart to approve with the change of hours to 7am - 10pm for body shop and 7am to 2am for event center , seconded by Ms Hackler , with Mr Creech , Mr Letchworth , Mr Browder opposed , Special Use Modification for Case 05 - 33 was approved based on the following findings of fact and conditions with a 5 - 3 vote Statement 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 area 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 The property has historically been a hub for commerce in the area The facility includes ample parking with lights , ADA facilities , security fence , ample plumbing facilities etc We also intend to enhance the security fence to include opaque screen to ensure wrecked cars are not visible from outside the property We intend to meet environmental safety requirements such as Installation of paint booth with ventilation for the Collision Center Finished cars will be store in existing fence on paved parking lots 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 The petition is to add additional uses and to remove some restrictions that will impede the adequate use of the property for business 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 The property has continued to be vacant for several years We intend to improve the property which we suspect will ultimately enhance the value of contiguous properties and the community at large In that regard , we have started the clean - up repair of the property The Collision Center , Automobile Repair & Tire Service Center will provide the community a choice for their varying automotive repair needs In addition , the Event Center will provide the community a facility for hosting special events such as graduations , child dedication event , weddings and other special occasion events Staff The existing facility is large enough to accommodate the proposed uses 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 The additional uses will extend the viability of the property use which will generate economic growth to this area of Johnston County Again having the property stay vacant or be used for non viable businesses will only continue to adversely impact the Community Approving the request will only help to prevent the revolving door pattern of business startup and closure on this property The viability of any business is paramount to success 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 Page330 December 1 , 2014 – 6 00 pm Continued Specific Land Uses APPLICANT Shopping Center and the permitted uses in the GB District with certain exclusions In addition , to allow for automotive mechanical paint and body repair , automotive storage , and community event center to the existing SUP Special Use Conditions 1 Permitted Uses Shopping Center and the permitted uses in the GB District with certain exclusions In addition , to allow for automotive mechanical paint and body repair , automotive storage , and community event center to the existing SUP 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 6 All signage must comply with the sign code as stated in Section 14 - 509 7 Hours of operation shall be limited to Monday – Sunday 7 00am - 10 00pm , for special events 7am – 2am 8 Alcohol will be strictly prohibited 9 Environmental Health regulations must be adhered to for any food preparation or sales 10 No outdoor recreational facilities and or playgrounds are to be allowed 11 Any lighting will be engineered so as to be directed inward and downward so as not to focus off the property or impact adjoining properties 12 Any change of occupancy and or use requires a Change of Occupancy Permit which entails Fire Safety Inspection 13 Outdoor storage of vehicles awaiting pickup or repair must be enclosed by an opaque fence or dense vegetative screening 14 Limited to the outdoor storage of 40 vehicles including cars waiting for repair 15 The following uses are not permitted a Club b Group Care Facility c Hospital d Libraries , Museums , and Art Galleries e Public Use Facility f Residential Dwelling Unit g Automotive Repair , including Collision Services and Painting h Campground for tents , campers , travel trailers and recreational vehicles i Hotel , Motel j Kennel k Mobile Home and Recreational Vehicles sales lot l Fuel Gas sales m Theaters n Veterinary Hospital o Outdoor Recreation Playgrounds Mr Gray listed and reviewed the special use conditions with the Board specifically noting the recommended changes by the Planning Board to accommodate the modification He stated on the condition regarding alcohol , staff recommends the condition to read “ alcohol sales shall be strictly prohibited ” Mr Gray noted the property was originally zoned Industrial 1 which would have allowed for the automotive repair use and he stated there is still some Industrial 1 zoning just to the north of this site and the site is located less than a mile south of a Neighborhood Business Commercial Activity Node Commissioner Ted G Godwin asked if there has been any discussion on noise concerns Mr Gray stated noise has not been discussed , but the hours of operation have been a concern He stated the applicant had asked that the collision shop be extended to 24 hours and the Planning Board as well as a neighboring property owner were not comfortable with that due to possible noise issues ; therefore , the Planning Board did not recommend the collision shop to be open for 24 hours Applicant Chuck Igba , 167 Plaza De Luke Square in Clayton , addressed the Board Mr Igba stated he is agreeable to the special use conditions and he will compromise on the hours of operation Mr Igba stated they do not intend to sell any alcohol in the facility and the use of alcohol would be for those that would have events or weddings at the facility and would bring their own Commissioner DeVan Barbour asked if any events would be held outside and would there be noise issues Mr Igba stated they plan to have a nice facility to accommodate weddings and perhaps people would take pictures outside but they do not anticipate having outside concerts Page331 December 1 , 2014 – 6 00 pm Continued In response to Chairman Tony Braswell , Mr Igba stated they discussed capacity for 500 people He stated they will have security for large events Commissioner Godwin asked if the hours of operation for special events could be restricted to midnight instead of 2 00 am Mr Igba stated the late hours would be for those that would have events and not for the auto repair shop Upon a question by Commissioner Allen L Mims , Jr , Mr Igba stated all auto repair work would be done inside Mrs Igba , wife of Chuck Igba , stated she and her husband both own the property and they have requested the later hours for special events to be extended to 2 00 am to account for later hours in the summertime Mr Gray reported the Planning Board recommended approval He submitted a letter for the record that was received today from Kenneth and Peggy Utt who own property adjacent to the site The letter lists their concerns regarding noise and hours of operation Mr Gray again recommended condition # 8 to read “ alcohol sales will be strictly prohibited ” Commissioner Mims asked if there had been any improvements to the facility Mr Gray stated to his knowledge no improvements have been made Mr Igba stated when they purchased the facility there was a lot of roof damage , and they have begun improvements to one of the buildings He stated they have removed all unsightly landscaping and have made probably 15,000 in improvements to date There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 33 MOD Discussion by the Board The Board discussed the hours of operation as well as the hours of operation of some of the other businesses in the area Decision on Special Use Case 05 - 33 MOD Case 05 - 33 MOD Petition to modify a Special Use Permit for 9 acres located at 7384 NC Hwy 222 in O’Neals Township zoned General Business – Special Use District GB - SUD for a shopping center and all permitted uses in GB district with certain exclusions Tax ID 11O03110 Owner Global Market Import and Export Inc Applicant Global Market Import and Export Inc – Chuck Igba Modification to allow for the addition of automotive mechanical paint and body repair , automotive storage , and community event center to the existing SUP Based on the findings of facts and revised special use conditions changing the hours of operation for the special events and restricting the sale of alcohol as listed below , Commissioner Ted G Godwin moved the Board approve the petition to modify a special use permit for 9 acres located at 7384 NC Hwy 222 in O’Neals Township zoned General Business – Special Use District for a shopping center and all permitted uses in the General Business district with certain exclusions with the modification allowing the addition of automotive mechanical paint and body repair , automotive storage , and community event center to the existing special use permit Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote PagePage pageNumber5332 December 1 , 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 property has historically been a hub for commerce in the area The facility includes ample parking with lights , ADA facilities , security fence , ample plumbing facilities etc We also intend to enhance the security fence to include opaque screen to ensure wrecked cars are not visible from outside the property We intend to meet environmental safety requirements such as Installation of paint booth with ventilation for the Collision Center Finished cars will be store in existing fence on paved parking lots 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 The petition is to add additional uses and to remove some restrictions that will impede the adequate use of the property for business 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 The property has continued to be vacant for several years We intend to improve the property which we suspect will ultimately enhance the value of contiguous properties and the community at large In that regard , we have started the clean - up repair of the property The Collision Center , Automobile Repair & Tire Service Center will provide the community a choice for their varying automotive repair needs In addition , the Event Center will provide the community a facility for hosting special events such as graduations , child dedication event , weddings and other special occasion events Staff The existing facility is large enough to accommodate the proposed uses 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 The additional uses will extend the viability of the property use which will generate economic growth to this area of Johnston County Again having the property stay vacant or be used for non viable businesses will only continue to adversely impact the Community Approving the request will only help to prevent the revolving door pattern of business startup and closure on this property The viability of any business is paramount to success 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 Shopping Center and the permitted uses in the GB District with certain exclusions In addition , to allow for automotive mechanical paint and body repair , automotive storage , and community event center to the existing SUP Special Use Conditions 1 Permitted Uses Shopping Center and the permitted uses in the GB District with certain exclusions In addition , to allow for automotive mechanical paint and body repair , automotive storage , and community event center to the existing SUP 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 6 All signage must comply with the sign code as stated in Section 14 - 509 7 Hours of operation shall be Monday – Sunday 7 00am - 10 00pm , for special events 7am – 12 Midnight 8 Alcohol sales will be strictly prohibited 9 Environmental Health regulations must be adhered to for any food preparation or sales 10 Any lighting will be engineered so as to be directed inward and downward so as not to focus off the property or impact adjoining properties 11 Any change of occupancy and or use requires a Change of Occupancy Permit which entails Fire Safety Inspection 12 Outdoor storage of vehicles awaiting pickup or repair must be enclosed by an opaque fence or dense vegetative screening 13 Limited to the outdoor storage of 40 vehicles including cars waiting for repair 14 The following uses are not permitted a Club b Group Care Facility c Hospital d Libraries , Museums , and Art Galleries e Residential Dwelling Unit f Campground for tents , campers , travel trailers and recreational vehicles g Hotel , Motel h Kennel i Mobile Home and Recreational Vehicles sales lot j Fuel Gas sales k Theaters l Veterinary HospitalPagePage pageNumber6333 December 1 , 2014 – 6 00 pm Continued m Outdoor Recreation Playgrounds The Chairman opened the Rezoning Hearing for Case 14 - 24 Case 14 - 24 Petition to rezone a 1469 acre tract located at 8771 Cleveland Rd SR 1010 in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06F04028A Owner Brian D Gower Applicant Brian D Gower Planning Director Berry Gray stated the petition is to rezone a 1469 acre tract located at 8771 Cleveland Rd in Cleveland Township from Agricultural Residential to General Business – Special Use District Mr Gray noted the special use request associated with the rezoning to allow for an office , contractor’s warehouse , and outdoor equipment storage The site is presently vacant The surrounding land uses are zoned Agricultural Residential and PUD for agricultural and residential purposes and youth league ball fields ; Agricultural Residential – Special Use District for senior apartments ; Neighborhood Business and used for offices and a photography studio ; Community Business for numerous commercial businesses ; and General Business – Special Use District for batting cages , place of worship , and automotive sales The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This 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 Applicant Brian Gower , 33 Pale Stone Drive , Garner , asked the Board to approve the request Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 24 Decision on Rezoning Case 14 - 24 Case 14 - 24 Petition to rezone a 1469 acre tract located at 8771 Cleveland Rd SR 1010 in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06F04028A Owner Brian D Gower Applicant Brian D Gower 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 - 24 to rezone a 1469 acre tract located at 8771 Cleveland Rd in Cleveland Township from Agricultural Residential to General Business – Special Use District be approved Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 14 - 24 Case 14 - 24 To allow for an office , contractor’s warehouse , and outdoor equipment storage Owner Brian D Gower Applicant Brian D Gower Those wishing to speak on Special Use Case 14 - 24 were sworn in by the Deputy Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for an office , contractor’s warehouse , and outdoor equipment storage Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 24 on August 25 , 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 PagePage pageNumber7334 December 1 , 2014 – 6 00 pm Continued • 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 October 21 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 24 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 14 - 24 , seconded by Mr Creech , and carried by a unanimous vote of 8 - 0 , the Johnston County Planning Board approved Rezoning Case 14 - 24 at the October 21st , 2014 Planning Board meeting Consistency Statement 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 a growing commercial 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 Ms Hackler to approve the Special Use Conditions with the changes additions to hours for Case 14 - 24 , seconded by Mr DeLaine and carried by a unanimous vote of 8 - 0 , the Johnston County Planning Board approved Case 14 - st 24 at their October 21 , 2014 meeting based on the following findings of facts and 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 Proposed is a building for my personally owned company , Profile Construction , Inc I live in the Cleveland community and have a track record for building quality projects in the area For instance , Crossroads Academy , Inc Built owned operated since August 2007 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 By using local design teams like Trueline Surveying , who are familiar with Johnston County codes and ordinances , and having personal building experience in Johnston County 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 The adjacent property is valued at 67,00000 on the Johnston County tax record This property , vacant , has a value of 4700000 by tax record Upon completion of the development the projected appraisal is 400,00000 Also , being a local business bringing needed revenue to Johnston County and Cleveland Staff The business is limited in scale 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 Johnston County is needing growth to support the influx of new out - of - state relocating families and businesses At the same time housing companies that can help that growth by building new homes and commercial properties which Profile Construction , Inc can provide the area , being the exclusive authorized dealer of Federal Steel Systems 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 office , contractor’s warehouse and outdoor equipment storage Special Use Conditions 1 Permitted Uses office , contractor’s warehouse and outdoor equipment 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 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 60sqft 7 Hours of outdoor operation shall be limited to Monday – Friday 6 00am - 8 00pm and Saturday from 8 00am – 5 00pm 8 Shall be limited to the outdoor storage of 10 vehicles equipment , all storage shall be enclosed by an opaque fence or sufficiently screened with dense vegetative screening 9 Shall connect to county sewer as determined by Johnston County Public Utilities Mr Gray listed and reviewed the special use conditions with the Board Applicant Brian Gower , 33 Pale Stone Drive , Garner , requested two changes to the special use conditions He asked for the hours of operation for outside use to be from 6 00 am until 8 00 pm seven days a week Mr Gower stated he spoke with his neighbor who has no objections to that change Mr Gower stated he and his neighbor also would like to eliminate the buffer requirement in between their properties Mr Gower stated his property line is close to the neighbor’s house and the neighbor does not want any trees that close to his house PagePage pageNumber8335 December 1 , 2014 – 6 00 pm Continued Richard Scoville , 8817 Cleveland Road , Clayton , neighboring property owner , asked for the Board to eliminate the buffer requirement at his property stating he does not want any trees planted there Mr Scoville stated he is fine with the hours of operation requested by Mr Gower At the inquiry of Commissioner DeVan Barbour , Mr Scoville stated he owns his property Commissioner Jeffrey P Carver commented that the zoning stays with the property and if the neighboring property were sold the new property owner may want a buffer there Commissioner Chad M Stewart commented that is a decision the next property owner would have to make in their due diligence Mr Gray pointed out condition number 8 regarding the outdoor storage area being enclosed by a fence and stated he did not know if the Board wanted to clarify that condition with Mr Scoville Mr Scoville stated he understood condition number 8 Mr Gray reported the Planning Board recommended approval Mr Gray stated as he understands the applicant is asking the Board to consider amending conditions # 5 and # 7 to read as follows “ 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 excluding the Scoville property ” ; and for the hours of operation to be 6 00 am until 8 00 pm Monday through Sunday Commissioner Allen L Mims , Jr asked on the exclusion of the buffer for the neighboring property line , how far would that buffer be excluded Mr Gray stated his assumption is the buffer would be excluded for the entire property line for the neighboring property owner There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 24 Decision on Special Use Case 14 - 24 Case 14 - 24 To allow for an office , contractor’s warehouse , and outdoor equipment storage Owner Brian D Gower Applicant Brian D Gower Based on the findings of facts and revised special use conditions changing the buffer requirement and the hours of operation as listed below , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 14 - 24 to allow for an office , contractor’s warehouse , and outdoor equipment storage on a 1469 acre tract located at 8771 Cleveland Rd in Cleveland Township Commissioner Ted G Godwin 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 Proposed is a building for my personally owned company , Profile Construction , Inc I live in the Cleveland community and have a track record for building quality projects in the area For instance , Crossroads Academy , Inc Built owned operated since August 2007 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 By using local design teams like Trueline Surveying , who are familiar with Johnston County codes and ordinances , and having personal building experience in Johnston County 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 The adjacent property is valued at 67,00000 on the Johnston County tax record This property , vacant , has a value of 4700000 by tax record Upon completion of the development the projected appraisal is 400,00000 Also , being a local business bringing needed revenue to Johnston County and Cleveland PagePage pageNumber9336 December 1 , 2014 – 6 00 pm Continued Staff The business is limited in scale 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 Johnston County is needing growth to support the influx of new out - of - state relocating families and businesses At the same time housing companies that can help that growth by building new homes and commercial properties which Profile Construction , Inc can provide the area , being the exclusive authorized dealer of Federal Steel Systems 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 office , contractor’s warehouse and outdoor equipment storage Special Use Conditions 1 Permitted Uses office , contractor’s warehouse and outdoor equipment 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 excluding the Scoville property 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 60sqft 7 Hours of outdoor operation shall be limited to Monday – Sunday 6 00am - 8 00pm 8 Shall be limited to the outdoor storage of 10 vehicles equipment , all storage shall be enclosed by an opaque fence or sufficiently screened with dense vegetative screening 9 Shall connect to county sewer as determined by Johnston County Public Utilities Comments by Chairman Tony Braswell Regarding Case 14 - 23 and Further Remarks by Staff Chairman Tony Braswell stated there has been a lot of conversation surrounding Case 14 - 23 as to whether or not the County rightfully used bond money at this particular location Chairman Braswell continued that issue is not going to be a determining factor for granting or denying the rezoning request in that it is a separate issue from the rezoning request Chairman Braswell stated with that said , in good public policy and transparency in government , he believes it would be good to review the policy and extend to everyone what the Board knows about what happened with the bond monies so the discussion will not lead in that direction during the rezoning hearing Chairman Braswell called on County Manager Rick Hester and County Attorney Jennifer Slusser County Manager Rick Hester explained that back in 2005 - 2006 the County started talking to the different community athletic associations and town athletic associations in the County about recreation needs He stated because the County does not have a recreation department , it had always supported those organizations with capital funding and for a while the County participated with matching grants for these organizations during budget time Mr Hester continued that when the County met with the various groups in 2005 - 2006 it was determined that there was approximately 30 million in major capital needs at that time for recreation During that same time period , the County was also working with Johnston County Schools and Johnston Community College on a bond referendum to help them with capital needs that they had After meeting with the County’s financial advisors , it was determined that the County could afford to include a 36 million referendum for recreation along with the Johnston County Schools and Johnston Community College referendum He stated the 36 million was to be distributed to the approximately 17 different recreation entities and the funds were allocated based on the best guess of how many children those organizations served Mr Hester continued that McGee’s Crossroads was allocated 300,000 He noted the funds were not just handed over to the groups , but rather projects were completed and reviewed by the County before the funds were released He stated the McGee’s Athletic Association and the Johnson Memorial Church came together on a 20 year lease at the subject site and approximately 145,000 was allocated and spent on the property for public recreation Mr Hester recalled the groundbreaking on the project was in January 2012 and the group moved forward with the project including a ball field , concession stand , and some parking lot area work Mr Hester stated his first meeting with anyone occurred in late May or early June 2014 when he met with Davey Penny and Planning Director Berry Gray to discuss concerns At the inquiry of Chairman Braswell , Mr Hester confirmed the 20 year lease was between the McGee’s Athletic Association and Johnson Memorial Church County Attorney Jennifer Slusser stated with regards to the allocation of funds , in this particular circumstance the grant was made to the McGee’s Athletic Association and not the Johnson Memorial Church Ms Slusser stated the purpose of the grant was for a public purpose which was recreation Ms Slusser continued the issues before the Board at this meeting are with regards to the land use hearing She stated the Board willPage0337 December 1 , 2014 – 6 00 pm Continued consider the rezoning of the property and in considering the rezoning , the Board will look at whether it is consistent with the Comprehensive Land Use Plan and whether it is reasonable and in the public interest If the Board chooses to grant the rezoning , then the Board will move into the special use permit hearing in which findings of fact will be made and special conditions would be placed on the property should the Board deem it appropriate Commissioner Allen L Mims , Jr noted the Board received many e - mails stating the money was given illegally to the Church and he pointed out the funds were given to the McGee’s Athletic Association who had a 20 year lease with the Church Commissioner Mims stated he believes there are misunderstandings that the County gave the money to the Church which it did not The appropriation was made to the McGee’s Athletic Association Mr Hester stated he takes full responsibility for the zoning oversight on the property and he apologizes for that oversight Chairman Braswell stated the Board did receive all the e - mails from the public on the case and noted that the Board did not respond because as a quasi - judicial hearing , it would have been inappropriate for the Board to answer any of those e - mails The Chairman reopened the Rezoning Hearing for Case 14 - 23 Case 14 - 23 Petition to rezone three tracts totaling 123 acres located at 8281 NC Hwy 50 North in Elevation Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 07F06072B , 07F06072A , 07F06072 Owner Johnson Memorial Church Applicant McGee’s Athletic Assoc , Johnson Memorial Church Planning Director Berry Gray stated the petition is to rezone three tracts totaling 123 acres located at 8281 NC Hwy 50 North in Elevation Township from Agricultural Residential to Agricultural Residential – Special Use District He noted the special use request associated with the rezoning to allow for a youth recreation facility He stated there are ball fields currently on site being used The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as General Business 05 miles north for a former community store and a construction and grading contractor 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 The site is also located 4 10 of a mile south of a Neighborhood Center Activity Node The Land Use Plan defines open space to include outdoor recreation The Plan identifies open space as a priority The Plan also encourages easy access by residents to open space and ties open space in with farmland to promote rural preservation and open space protection Mr Gray stated at the Planning Board meeting in October , the Planning Board had concerns with the area reserved for future recreation and asked the applicant if they were willing to remove that area 535 acres Parcel # 07F06072 from the request Mr Gray stated the applicant was willing to remove that tract of land from the request He stated if the Board approves the rezoning request , it would need to officially remove that parcel of land from the rezoning Mr Gray stated the Planning Board recommended rezoning just the two tracts where the ball fields are currently located as well as the tract along NC Hwy 50 directly beside the parking lot Parcels # 07F06072B and # 07F06072A Mr Gray noted the two tracts of land on the aerial photograph for the Board Mr Gray stated the property is owned by Johnson Memorial Church and there was a church ball field on the site The McGee’s Athletic Association started operating from the site about three years ago and currently there is a concession stand , baseball field , soccer field , and volleyball court within the baseball field area The facility is used for 8U youth recreational programs for the McGee’s Athletic Association and is not open to the general public Mr Gray stated staff did receive several calls and visits from neighboring property owners several months ago regarding the property and staff contacted Johnson Memorial Church and the McGee’s Athletic Association who agreed to petition for the rezoning Mr Gray stated Johnston County has identified recreational facilities in general as either active or passive as being compatible with residential areas by requiring recreational facilities within residential developments Further , NC General Statutes promote recreational uses within the immediate areas of residential developments He stated there are around 25 ball field court facilities within Johnston County and its towns , including public or nonprofit , located within close proximity to residential areas and or located within residentially zoned areas Of the 25 , all but two have more residential structures nearby than the subject site Page1338 December 1 , 2014 – 6 00 pm Continued Mr Gray reported according to the Institute of Transportation Engineers , Trip General Manual , a public park with similar uses and similar acreage would on average generate 145 vehicles per day Saturday He stated this is far less than the 1,000 vehicle per day requirement for a Traffic Impact Analysis Since this facility is limited in use and not open to the public , it is anticipated that traffic impact would be less than mentioned above Martha Bordogna , Attorney with Daughtry , Woodard , Lawrence , and Starling , representing both the McGee’s Athletic Association and Johnson Memorial Church , the applicants , addressed the Board Ms Bordogna introduced Barry Honeycutt with the Johnson Memorial Church and Brian Massengill with the McGee’s Athletic Association Ms Bordogna stated the land use is consistent with the County’s Comprehensive Land Use Plan and allows for outdoor recreation space in this residential area She stated the use is compatible with the residential area and games are only played by ages 8 and under Ms Bordogna continued the games are played on weekdays and are over by 9 00 pm while on weekends practices are held during the day along with games on Saturday but not Sunday Ms Bordogna stated there have been several meetings held with the neighbors where issues have been attempted to be resolved She noted meetings were held before the signing of the lease between the McGee’s Athletic Association and Johnson Memorial Church for the ball field space She stated three meetings were held in 2011 , one in April and two in May as well as on June 16 , 2014 the Church Deacon Board met with the families surrounding the area and another meeting was also held on August 27 , 2014 Ms Bordogna stated Brian Massengill has corresponded with neighboring property owner Davey Penny several times to discuss plans for expansion as well as current plans She noted Mr Penny has an agreement with the Athletic Association for the lawn maintenance so he frequently would have contact with Mr Massengill Ms Bordogna reiterated that the use is consistent with the Land Use Plan and is in the public interest Commissioner DeVan Barbour asked how many youth are served currently at the location and how many different sports are played there Commissioner Chad M Stewart asked about the volleyball court Brian Massengill , representing the McGee’s Athletic Association , 59 E Paige Wynd Drive , Angier , stated approximately 150 youth are being served at the subject location and they play 8U baseball and softball along with 8U soccer He stated softball and baseball are concurrent seasons with soccer running a few weeks ahead He stated there is no formal recreation for volleyball and it is for the church At the inquiry of Commissioner Ted G Godwin , Mr Massengill stated the church ball field was in the same location as the ball field now Upon questions by Commissioner Allen L Mims , Jr , Mr Massengill stated the Athletic Association only serves children 14 and under He stated they usually have about 450 total registrations for the McGee’s Athletic Association between baseball , softball , soccer , and basketball in the winter He stated they also utilize the McGee’s Middle School for softball , baseball for 14U , and occasional practices He stated they use the Johnson Memorial Church for the 8U program and the lighting is designed at a different level for 8U than the McGee’s Middle School fields Mr Massengill stated it is not open to the public and people must go through the McGee’s Athletic Association to play He stated they turn travel teams down all the time that wish to practice there Mr Massengill stated someone from Clayton or other areas could sign their child up to play with the McGee’s Athletic Association but they do not recruit outside of their boundaries At the inquiry of Commissioner Barbour , Mr Massengill stated soccer usually starts up mid - February and runs to mid - May with baseball and softball starting up mid - March and ending with the school year in June He stated they run a fall season for baseball , softball , and soccer which runs from the middle of August until st November 1 Andy Petesch , Attorney with Petesch Law Firm , 127 W Hargett Street , Raleigh , spoke on behalf of Ray and Jamone Johnson and Davey and Angel Penny Mr Petesch stated he understands this has been a very contentious issue for quite a while and the Johnsons and Pennys oppose the rezoning request Mr Petesch stated the use is not consistent with the Comprehensive Land Use Plan and is not in the public’s interest He stated the property will not be open to the public because it is exclusively limited to the McGee’s Athletic Association even though they offer enrollment to a variety of people , it is still a limited use for the property ; therefore , there are limits to the public’s benefit as a whole Mr Petesch stated the property has been unlawfully used for ball fields for the last two years Mr Petesch spoke on the surrounding zonings of the area noting 98 of the area within a one to two mile radius of the site is zoned Agricultural Residential without any special use districts Mr Petesch stated the use is not consistent with the rural character of the area Page2339 December 1 , 2014 – 6 00 pm Continued Mr Petesch reviewed with the Board a number of the goals and objectives in the Comprehensive Land Use Plan noting that it is mentioned many times on the need to preserve the rural character of the County which the current use on the subject site does not do He noted that open space is defined by the Land Use Plan as unimproved property , which this site is not Mr Petesch stated according to the Land Use Plan , new development or redevelopment must be compatible with the surrounding area and not threaten the rural character or damage the agricultural component of Johnston County’s economy Mr Petesch stated the use would be better suited at one of the nearby elementary or middle schools and the subject site is not an appropriate location for the use Mr Petesch spoke on compatibility issues with the surrounding neighbors , lighting concerns from the ball fields as well as traffic concerns He stated he disagrees with the determination that a Traffic Impact Analysis is not required because the use is considered a “ park ” Wayne Muller , 475 Penny Road , Angier , stated he spoke at the Planning Board meeting Mr Muller stated he is retired law enforcement and he and his wife just found their forever home on Penny Road Mr Muller stated his remarks at the Planning Board meeting regarding the Johnson Memorial Church may have been taken harsher than what he intended Mr Muller stated his remarks at that meeting were an impassioned plea based on his conversations with surrounding neighbors regarding the ball field and their decreased quality of life because of the fields Mr Muller stated he has played baseball his entire life , has coached baseball , and loves sports and he did not mean to offend anyone with his remarks Mr Muller spoke on his investment in his property behind the subject area and how he did his due diligence on the property before he purchased it Mr Muller stated after purchasing the property he now calls the area the “ mini Mudcats Stadium ” and he was unaware of the intensity of the use when he purchased the property Mr Muller spoke on the noise associated with the use when they are playing sports Mr Muller stated he owns horses and people wandering on his property is a liability issue for him At the request of Commissioner Mims , Mr Muller noted the location of his property on the aerial for the Board Upon a question by Commissioner Stewart , Mr Muller stated he moved on the property in January Mr Muller stated he saw the ball field was there but to him it was just a church ball field Barry Honeycutt , Deacon for Johnson Memorial Church and lifetime resident of Penny Road , stated in 2011 the McGee’s Athletic Association contacted the church about using the ball field for some type of use Mr Honeycutt stated the Deacons took three proposals to the church One proposal was to do nothing at all ; a second proposal was for a five year lease which would have only improved the grass area and the Athletic Association would have had to do what they wanted to on the grass field ; and the third proposal was for a 20 year lease that involved the additional funds and improvements that have been talked about Mr Honeycutt stated those options were presented on April 20 , 2011 and he tabled a motion so people would have time to think about it and look at all three options before a vote was taken He stated a question and answer session was held at the church on May 11 , 2011 to answer any questions before a vote was taken and on May 18 , 2011 a business meeting was held where the church voted on having a 20 year lease with the Athletic Association so they could pursue funds to improve the ball field Mr Honeycutt stated the ball field has been in existence for many years although the church had never used it much Mr Honeycutt stated the vote for the 20 year lease was unanimous with no one abstaining or voting against Upon a question by Commissioner Mims , Mr Honeycutt stated those that voted from the church at the business meeting to approve the 20 year lease were those people from the congregation that chose to attend the meeting along with the Deacons Mr Honeycutt stated at that time the church was not aware of the need to rezone the property He stated they were made aware of concerns with the ball field in May of 2014 so the church then invited all the families along the drive that bordered the ball field to a meeting on June 16 , 2014 He stated the meeting was attended by all the Deacons and their wives along with all the invited families that wanted to come and he believes all but one family attended the meeting Mr Honeycutt continued the purpose of the meeting was to listen to the concerns of the families regarding the ball field He stated they followed up with several Deacon meetings to discuss options and compromises for the families and the Athletic Association regarding the use of the field Mr Honeycutt stated in the end one of the things that kept coming up was the need to rezone the property so they met again with the Johnsons and the Pennys and presented to them that they were going to pursue the rezoning Pat Penny , 136 McGee Road , Benson , stated she owns the property adjacent to the subject site Ms Penny stated Mr Honeycutt said they were asked about the use of the ball field ; however , she stated nothing was ever presented to them from the beginning letting them know what was planned for the field Ms Penny statedPage3340 December 1 , 2014 – 6 00 pm Continued they were not told of the lights or soccer fields as well as future plans for the 12 acres Ms Penny stated they finally saw the map for the future plans of this field this year Ms Penny stated her grandchild played t - ball on that field and she is proud of the field and it is a beautiful place for the children to play ball Ms Penny stated she is concerned that the continued expansions and the lighting for the fields were not told to them and they are unsure as to how big the use will eventually be Ms Penny stated they live there and she questioned the future of the property Ms Penny stated more fields should be put at the school because there is land available there for fields and it should be made a community recreation facility Ms Penny stated they were ok with t - ball overflow on the field , but they had no clue as to what the future held Ray Johnson , 8197 A NC 50 N , Angier , addressed the Board Mr Johnson stated he helped build the church field in 1993 and at that time up until the McGee’s Athletic Association took the field over he helped maintain the field Mr Johnson stated he helped maintain the field for the church and did all of that for free David Penny , 136 McGee Road , Benson , stated during this entire process , he has worn three hats Mr Penny stated one hat was of a church member and he continued that as Mr Honeycutt stated there were meetings and the meetings where the five year plan was discussed involved a little improvement on the field and porta - potties Mr Penny stated when the 20 year plan was discussed it included bathrooms , a concession stand , and other things , and he felt the 20 year lease was the way to go Mr Penny stated they voted for 8 and under age groups ; however , he understands it was later changed to 10 and under , but he voted for 8 and under Mr Penny expressed concerns over the lighting He stated another hat he wore in the situation was as a church Deacon , but concerning this area he did step down Mr Penny stated they met with the landowners and noted several parcels on the map for the Board Mr Penny stated everyone agreed to t - ball , but when 10 and under age group was presented , then came the idea for soccer and fencing Mr Penny stated they then found out there was going to be expansions at the ball field along with lighting , a soccer field , t - ball field , and another field Mr Penny expressed concerns over players warming up in the surrounding agricultural fields as well as people attending the games straying over to surrounding properties Mr Penny stated his third hat is as a landowner and he expressed concerns with water runoff and how it impacts their properties Upon discussion by the Board , Planning Director Berry Gray clarified the application for the rezoning has always specified 8U age group and all the discussions staff has had with the applicant have been for 8U He stated there may have been some e - mails circulating between the neighbors with 10U ; however , 8U has always been on the application Commissioner Mims stated the County does not have a copy of the contract between the Church and the Athletic Association and asked if it spells out the use of the field Mr Penny stated the church members voted on the 20 year plan for what they thought was 8U and the lease agreement was between the Deacons and the Athletic Association and the church members did not see the lease agreement Ms Bordogna readdressed the Board Ms Bordogna read from the lease agreement between the church and the Athletic Association , as follows “ lessee may use the premises for youth sports which include but are not limited to soccer , softball , baseball , football , etc and for no other purpose or use without the lessor’s prior written consent ” At the inquiry of Commissioner Cookie Pope , Ms Bordogna stated the lease states up to age 10 years ; however , this rezoning request is for 8U and the field is currently being used for 8U Ms Bordogna stated the McGee’s Athletic Association had contacted , before all this , two schools in the area where they asked for expansions to fields but were refused because those properties were either cost prohibitive or were reserved for future mobile units Ms Bordogna stated she would like to reiterate that this would be in compliance with the Land Development Code and it is consistent with the Comprehensive Land Use Plan She stated this is not for public use and if there is someone on the property not affiliated with the Athletic Association or the church then that person is trespassing Ms Bordogna stated there have been several opportunities for the neighbors to come and meet with the church Pat Penny , 136 McGee Road , Benson , readdressed the Board Ms Penny stated in regards to the land that is available at McGee’s Crossroads Middle School , they were suggesting to purchase some of that land and not the entire tract that is available Ms Penny stated a high school will be needed in the future and that land is available right now although one day it may not be Ms Penny stated regarding the lights , it does say in the lease for the possibility of lights , but it did not mention stadium lights Ms Penny stated she never saw the lease until this year and she is unsure how many of the church members actually saw the lease Page4341 December 1 , 2014 – 6 00 pm Continued Mr Massengill stated regarding the lighting , they have spent 4,800 in lighting at the McGee’s Middle School and less than 1,000 at the Johnson Memorial Church field He stated the Athletic Association is larger in numbers in sports than Smithfield , they are comparable to Four Oaks , and their fiel