December 7, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 871 Meeting of the Johnston County Board of Commissioners December 7 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 7 , 2015 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 , Clerk to the Board Paula G Woodard , 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 Visit from Executive Director of Triangle J Council of Governments Triangle J Council of Governments Executive Director Lee Worsley addressed the Board in introduction and provided a brief overview of the COG’s current activities Mr Worsley offered the COG’s assistance to Johnston County and thanked the Board for allowing him to speak as well as for being an active member of the Triangle J Council of Governments The Board thanked Mr Worsley for attending the meeting Commissioner Ted G Godwin commented that he is the current delegate to Triangle J from Johnston County and Commissioner Jeffrey P Carver is a Past President Commissioner Godwin stated from his dealings with Triangle J , so far he has been very impressed with the resources they can offer to Johnston County 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – November 25 and December 2 , 2015 Certified letters were mailed to adjoining property owners on November 20 , 2015 A notice was posted at the location on October 6 , 2015 for Cases 03 - 01 MOD , 13 - 12 , 15 - 32 , 15 - 33 , and 15 - 34 Chairman Tony Braswell stated he had received a request from the attorney for the applicant for Case 15 - 33 to be heard first due to his attendance being required at a nearby town council meeting later in the evening There being no objections , the Chairman granted the request to hear Case 15 - 33 first The Chairman opened the Rezoning Hearing for Case 15 - 33 Case 15 - 33 Petition to rezone 1 acre out of a 198 acre tract located at 814 Fulghum Little Creek Road in Pine Level Township The request is to change the zoning from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 12O08029C Owner Frank Hooks Sullivan Applicant Frank Hooks Sullivan Planning Director Berry Gray stated the petition is to rezone one acre out of a 198 acre tract located at 814 Fulghum Little Creek Road in Pine Level Township from Agricultural Residential to General Business – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a warehouse facility and wholesale business The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Gray stated the site was reported to staff as a zoning violation and once the applicant was notified , he came in and submitted the rezoning request Upon a question by Commissioner DeVan Barbour , Mr Gray stated the expansion of the buildings on the site is what triggered the violation , but prior to that expansion the applicant had operated on the site for many years as a grandfathered use with no complaints Page872 December 7 , 2015 – 6 00 pm Continued Attorney Chip Hewett , 768 Pondfield Road , Princeton , representing Applicant Frank Hooks Sullivan , stated the operation was a grandfathered nonconforming use ; however , with the new expansion , the site needs the rezoning to come into compliance Mr Hewett stated his client’s business is more of a wholesale operation than retail with trucks going out in the morning for deliveries to other places and returning at night Mr Hewett stated a survey has been provided to the Board which shows the business use separated from the residence Mr Hewett offered to answer any questions and noted that no one spoke in opposition at the Planning Board meeting There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 33 Decision on Rezoning Case 15 - 33 Case 15 - 33 Petition to rezone 1 acre out of a 198 acre tract located at 814 Fulghum Little Creek Road in Pine Level Township The request is to change the zoning from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 12O08029C Owner Frank Hooks Sullivan Applicant Frank Hooks Sullivan Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 33 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 33 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 12O08029C located at 814 Fulghum Little Creek Road as shown on the attached Exhibit A , from Agricultural Residential AR to General Business - Special Use District GB SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent with Goal 2C Mitigate incompatible uses ; Goal 3A Promote business expansion and developments ; and Goal 5A Protect existing neighborhoods with buffers 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Adopted this the 7th day of December , 2015 Commissioner Ted G Godwin moved the Board approve Rezoning Case 15 - 33 to rezone one acre out of a 198 acre tract located at 814 Fulghum Little Creek Road in Pine Level Township from Agricultural Residential to General Business – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Page873 December 7 , 2015 – 6 00 pm Continued The Chairman opened the Special Use Hearing for Case 15 - 33 Case 15 - 33 To allow for a warehouse facility and wholesale business Owner Frank Hooks Sullivan Applicant Frank Hooks Sullivan Those wishing to speak on Special Use Case 15 - 33 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a warehouse facility and wholesale business Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 15 - 33 on August 24 , 2015 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 October 20 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 33 and made the following recommendations Upon a motion by Mr Creech to approve the Rezoning of Case 15 - 33 , seconded by Mr Summerlin , with Mr Smith voting against , Rezoning Case 15 - 33 was approved with a vote of 8 - 1 at the October 20th , 2015 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 15 - 33 with the change in hours to Mon - Sun 4am - 11pm and the change in # 5 removing the western landscape requirement , seconded by Ms Hackler , with Mr th , 2015 Smith voting against , the Special Use Conditions for Case 15 - 33 were approved with a vote of 8 - 1 at the October 20 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 proposed business will only operate during normal business hours The proposed use does not store hazardous materials , produce unnecessary noise , or other pollutants , which could reduce the value or affect the health and safety of contiguous or neighboring properties The property has been used as a residence and warehouse business since on or about 1986 without incident , therefore approval will serve to maintain the current use and character of the property 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 Residential and business use of the property has been ongoing since on or about 1986 without any notice of violations other than the recent notice of non - conforming use Further , no site development or construction is necessary for operation of the proposed residential and business use The business use is non - retail so there will be no increase in traffic if the proposed use is approved 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 contiguous property includes a cemetery and is in the name of FHS Properties , LLC , a NC limited liability company , which list the applicant Frank Hooks Sullivan as the manager The contiguous property is 17179 acre + - , surrounds the subject property on three sides , and is being used for farming As the applicant is the owner of the subject property and the contiguous property , he argues there is no reduction in value of the contiguous property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Johnston County Ordinance Sec 14 - 251 2 d provides that a special use can be approved when it “ provides for an efficient use of land and arrangements of land uses , buildings , circulation systems , and utilities ” Approval of the proposed special use in this case maintains the use of the buildings on the property , which have been used since 1986 Said use will also not create any traffic burden on the area and will not require any change in the current utilities being provided Specific Land Uses APPLICANT Warehouse facility wholesale establishment , warehousing , and existing residence Page874 December 7 , 2015 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses To allow for a warehousing facility and wholesale establishment 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 Install a Class B landscape buffer 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet along the zoning boundary and between the existing residence and warehouses , existing natural vegetation may be used if equal or more intense , landscape buffer will not be required from the rear of the warehouses to the western rezoning boundary 6 Hours of operation to be 4 00 AM to 11 00 PM seven days a week 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 8 All outdoor storage must be enclosed by a 6 ’ tall opaque fence 9 All outdoor lighting shall be dark sky and engineered so as not to shine on adjacent properties Items in bold represent changes made by the Planning Board Mr Gray listed and reviewed the special use conditions with the Board Mr Gray noted the applicant also owns the land surrounding the subject site which is why the Planning Board recommended a change in condition # 5 At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray stated the applicant currently does not have a sign posted at the business Attorney Chip Hewett , 768 Pondfield Road , Princeton , representing Applicant Frank Hooks Sullivan , stated his client has no objections to the special use conditions Mr Hewett confirmed that his client does own the surrounding 17 acres of land which he currently farms Mr Hewett reported his client is requesting the hours of operation to be 4 00 am to 11 00 pm seven days a week because deliveries can sometimes occur on weekends ; although , he normally does not work those hours Commissioner Mims commented that the shared driveway is a concern to him because if the house or business were ever sold in the future , access could be an issue Commissioner Mims stated there should be a separate point of access for the business and he asked if there is enough room near the property to have another access if needed Applicant Frank Hooks Sullivan , 814 Fulghum Little Creek Road , stated he has owned the land and business for many years with no plans to ever sell Mr Sullivan stated his intentions are to pass it on to his son who is currently in the business with him and keep it in the family for future generations Mr Hewett noted if Mr Sullivan ever wished to sell the business at some point in the future , he would be required at that time to give an easement for access Mr Sullivan stated he does have an option for another access point if needed in the future There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Mr Gray stated because the applicant owns the surrounding property and because they have received no complaints from neighboring property owners , staff would have no concerns if the Board wanted to look at revising condition # 5 There being no further comments , the Chairman recessed the Special Use Hearing for Case 15 - 33 Decision on Special Use Case 15 - 33 Case 15 - 33 To allow for a warehouse facility and wholesale business Owner Frank Hooks Sullivan Applicant Frank Hooks Sullivan Based on the findings of facts and revised special use conditions deleting condition # 5 regarding landscape buffering , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 15 - 33 to allow for a warehouse facility and wholesale business on one acre out of a 198 acre tract located at 814 Fulghum Little Creek Road in Pine Level Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote PagePage pageNumber5875 December 7 , 2015 – 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 proposed business will only operate during normal business hours The proposed use does not store hazardous materials , produce unnecessary noise , or other pollutants , which could reduce the value or affect the health and safety of contiguous or neighboring properties The property has been used as a residence and warehouse business since on or about 1986 without incident , therefore approval will serve to maintain the current use and character of the property 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 Residential and business use of the property has been ongoing since on or about 1986 without any notice of violations other than the recent notice of non - conforming use Further , no site development or construction is necessary for operation of the proposed residential and business use The business use is non - retail so there will be no increase in traffic if the proposed use is approved 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 contiguous property includes a cemetery and is in the name of FHS Properties , LLC , a NC limited liability company , which list the applicant Frank Hooks Sullivan as the manager The contiguous property is 17179 acre + - , surrounds the subject property on three sides , and is being used for farming As the applicant is the owner of the subject property and the contiguous property , he argues there is no reduction in value of the contiguous property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Johnston County Ordinance Sec 14 - 251 2 d provides that a special use can be approved when it “ provides for an efficient use of land and arrangements of land uses , buildings , circulation systems , and utilities ” Approval of the proposed special use in this case maintains the use of the buildings on the property , which have been used since 1986 Said use will also not create any traffic burden on the area and will not require any change in the current utilities being provided Specific Land Uses APPLICANT Warehouse facility wholesale establishment , warehousing , and existing residence Special Use Conditions 1 Permitted Uses To allow for a warehousing facility and wholesale establishment 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 Hours of operation to be 4 00 AM to 11 00 PM seven days a week 6 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 7 All outdoor storage must be enclosed by a 6 ’ tall opaque fence 8 All outdoor lighting shall be dark sky and engineered so as not to shine on adjacent properties The Chairman reopened the Special Use Hearing for Case 03 - 01 MOD Case 03 - 01 MOD Petition to modify the Master Plan for Special Use Case 03 - 01 to allow for a contractors office on 485 acres , located at 5750 NC 50 Hwy N in Elevation Township Tax ID 07G99011 Owner Ronnie Roberts and Sharon Roberts Applicant Ronnie Roberts Those wishing to speak on Special Use Case 03 - 01 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to modify the Master Plan for Special Use Case 03 - 01 to allow for a contractors office on 485 acres , located at 5750 NC 50 Hwy N in Elevation Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 03 - 01 MOD on August 26 , 2015 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 pageNumber6876 December 7 , 2015 – 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 20 , 2015 the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 03 - 01 MOD and made the following recommendations Upon a motion by Mr Summerlin to approve the Modification of Case 03 - 01 , seconded by Mr Massengill and carried by a unanimous vote of 9 - 0 , Case 03 - 01 Modification was approved at the October 20th , 2015 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 A warehouse to store materials that have been out in the elements under tarps The storage is needed badly 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 All codes will be maintained and kept up as they have been for the past 14 years at this address 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 I have remodeled the existing building with the warehouse I have already been approved for permits The cost will now be 750,000 , where before it was 275,000 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 I need this badly to keep equipment and materials out of the weather and out of sight Special Use Conditions 1 Hours of Operation are seven days a week , Sunday - Saturday , from 6 30 am - 9 30 pm 2 Designate parking area on the site plan to park in an orderly fashion with any equipment or materials enclosed in an opaque fence 3 Class C landscaped buffer along the North property line be in place within 45 days of approval date 4 Remove current nonconforming signage within 45 days of approval date Mr Gray noted the applicant was approved in 2003 but would like to modify the site plan to expand the number of buildings to accommodate the proposed use Mr Gray reviewed the site plan with the Board as well as the original conditions that were approved in 2003 Mr Gray reported staff visited the site and confirmed that the applicant is currently in compliance with all the special use conditions Applicant Ronnie Roberts , 587 Denning Road , Benson , confirmed that he understands and agrees with the special use conditions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 03 - 01 MOD Decision on Special Use Case 03 - 01 MOD Case 03 - 01 MOD Petition to modify the Master Plan for Special Use Case 03 - 01 to allow for a contractors office on 485 acres , located at 5750 NC 50 Hwy N in Elevation Township Tax ID 07G99011 Owner Ronnie Roberts and Sharon Roberts Applicant Ronnie Roberts Based on the findings of facts and special use conditions as listed below , Commissioner Cookie Pope moved the Board approve the petition to modify the Master Plan for Special Use Case 03 - 01 to allow for a contractors office on 485 acres , located at 5750 NC 50 Hwy N in Elevation Township Commissioner Chad M Stewart 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 A warehouse to store materials that have been out in the elements under tarps The storage is needed badly PagePage pageNumber7877 December 7 , 2015 – 6 00 pm Continued 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 All codes will be maintained and kept up as they have been for the past 14 years at this address 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 I have remodeled the existing building with the warehouse I have already been approved for permits The cost will now be 750,000 , where before it was 275,000 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 I need this badly to keep equipment and materials out of the weather and out of sight Special Use Conditions 1 Hours of Operation are seven days a week , Sunday - Saturday , from 6 30 am - 9 30 pm 2 Designate parking area on the site plan to park in an orderly fashion with any equipment or materials enclosed in an opaque fence 3 Class C landscaped buffer along the North property line be in place within 45 days of approval date 4 Remove current nonconforming signage within 45 days of approval date The Chairman reopened the Rezoning Hearing for Case 13 - 12 Case 13 - 12 Petition to grant a 2 year extension to a zoning approval for a 545 acre tract located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road SR 1720 in Wilders Township The current zoning is General Business - Special Use District , with no defined uses Tax ID 16L05029 Owner Y’s Men , LLC Applicant Gary Price Planning Director Berry Gray stated the petition is to grant a two year extension to a zoning approval for a 545 acre tract located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road in Wilders Township The current zoning is General Business - Special Use District , with no defined uses The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; a Fire EMS Station ; and a Place of Worship The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which moderate to low levels of growth pressures are anticipated over the next 20 years Additionally , this site is located at a “ Neighborhood Centers ” Activity Node It was determined the applicant was not present It was the unanimous consensus of the Board to continue with the hearing since the petition was for an extension of a previously approved rezoning There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the extension and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 13 - 12 Decision on Rezoning Case 13 - 12 Case 13 - 12 Petition to grant a 2 year extension to a zoning approval for a 545 acre tract located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road SR 1720 in Wilders Township The current zoning is General Business - Special Use District , with no defined uses Tax ID 16L05029 Owner Y’s Men , LLC Applicant Gary Price Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 13 - 12 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 13 - 12 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 16L05029 located at the intersection of NC Hwy 42 andPagePage pageNumber8878 December 7 , 2015 – 6 00 pm Continued Thanksgiving Fire Road as shown on the attached Exhibit A , to extend the zoning of General Business - Special Use District GB SUD for an additional two years WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent with the Comprehensive Land Use Plan in that the proposed zoning is located within a “ Neighborhood Center ” activity node , which is an area intended for commercial development In addition , the request aligns with “ Goal 1 Grow in a Fiscally Efficient , Compact Manner ” by locating commercial uses at identified activity nodes 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The development of the parcel will require further board consideration and approval through the Special Use Permit process and would be subject to the conditions of that permit th Adopted this the 7 day of December , 2015 Commissioner Ted G Godwin moved the Board approve Rezoning Case 13 - 12 to grant a two year extension to a zoning approval for a 545 acre tract located at the intersection of NC Hwy 42 East and Thanksgiving Fire Road in Wilders Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 15 - 32 Case 15 - 32 Petition to rezone 148 acres out of a 1994 - acre tract located on Penwood Road at its intersection with Deer Farm Lane in Pleasant Grove Township The request is to change the zoning from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 13C03002B Owner Joan S Page Applicant Page Solar Farm , LLC Kyle Campbell Planning Director Berry Gray stated the petition is to rezone 148 acres out of a 1994 - acre tract located on Penwood Road at its intersection with Deer Farm Lane in Pleasant Grove Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a solar utility facility The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; Agricultural Residential – Special Use District for a nursery and electrical substation ; and General Business – Special Use District for office space and a storage facility Mr Gray noted the site is just down the road from another solar utility facility rezoning that was approved earlier in the year 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 Mr Gray reported a community meeting was held by the applicant in October and a property impact study was provided and is included in the agenda packet Lindsey Harrell , 4150 St Johns Parkway , Sanford , Florida , representing Applicant Page Solar Farm , LLC , offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 32 Decision on Rezoning Case 15 - 32 Case 15 - 32 Petition to rezone 148 acres out of a 1994 - acre tract located on Penwood Road at its intersection with Deer Farm Lane in Pleasant Grove Township The request is to change thePagePage pageNumber9879 December 7 , 2015 – 6 00 pm Continued zoning from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 13C03002B Owner Joan S Page Applicant Page Solar Farm , LLC Kyle Campbell Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 32 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 32 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 13C03002B located on Penwood Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 - Special Use District I2 SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent in that Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public Adopted this the 7th day of December , 2015 Commissioner DeVan Barbour moved the Board approve Rezoning Case 15 - 32 to rezone 148 acres out of a 1994 - acre tract located on Penwood Road at its intersection with Deer Farm Lane in Pleasant Grove Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 15 - 32 Case 15 - 32 To allow for a solar utility facility Owner Joan S Page Applicant Page Solar Farm , LLC Kyle Campbell Those wishing to speak on Special Use Case 15 - 32 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a solar utility facility Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 15 - 32 on September 1 , 2015 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 Page0880 December 7 , 2015 – 6 00 pm Continued • 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 October 20 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 32 and made the following recommendations Upon a motion by Ms Hackler to approve the Rezoning of Case 15 - 32 , seconded by Mr Letchworth , with Mr DeLaine and Mr Stewart voting in opposition , Rezoning Case 15 - 32 was approved with a vote of 7 - 2 at the October 20th , 2015 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 15 - 32 , seconded by Ms Hackler , with Mr DeLaine and Mr Stewart voting in opposition , the Special Use Conditions were approved for Case 15 - 32 with a vote of 7 - 2 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 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 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 at least 20 feet from all property lines 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 to 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 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 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 Ground - mounted equipment and accessory structures shall be set back at least 150 feet from all property lines 6 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 7 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 8 Maximum height of equipment shall be 12 ’ 9 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 10 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 11 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 12 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 Mr Gray stated the initial submittal of the site plan showed the solar panels in closer proximity to some of the neighboring properties which staff expressed concerns with He stated since that time , the applicant has revised their site plan to address those concerns by moving the solar panels further back from the neighboring properties Commissioner Allen L Mims , Jr asked how many adjacent property owners were notified by mail Page1881 December 7 , 2015 – 6 00 pm Continued Mr Gray reported 27 property owners received notices and of those he received only one call from someone who had concerns regarding the access point Mr Gray stated once he explained the use would utilize Penwood Road , the individual was satisfied Lindsey Harrell , 4150 St Johns Parkway , Sanford , Florida , representing Applicant Page Solar Farm , LLC , addressed the Board Ms Harrell confirmed they did hold a community meeting which was attended by one person who did not oppose the use but just had some questions Ms Harrell confirmed they do agree with and understand the special use conditions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 15 - 32 Decision on Special Use Case 15 - 32 Case 15 - 32 To allow for a solar utility facility Owner Joan S Page Applicant Page Solar Farm , LLC Kyle Campbell Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 15 - 32 to allow for a solar utility facility on 148 acres out of a 1994 - acre tract located on Penwood Road at its intersection with Deer Farm Lane in Pleasant Grove 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 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 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 at least 20 feet from all property lines 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 to 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 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 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 Ground - mounted equipment and accessory structures shall be set back at least 150 feet from all property lines 6 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense Page2882 December 7 , 2015 – 6 00 pm Continued 7 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 8 Maximum height of equipment shall be 12 ’ 9 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 10 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 11 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 12 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 15 - 34 Case 15 - 34 Petition to rezone 612 acres out of a 712 acre tract located at 227 Bertie Heights Road in Pine Level Township from Agricultural Residential AR to Interstate Highway Interchange – SUD IHI - SUD Tax ID 12O08007F Owner Robert Ernest Cribb Sr Applicant Robert Ernest Cribb Sr Planning Director Berry Gray stated the petition is to rezone 612 acres out of a 712 acre tract located at 227 Bertie Heights Road in Pine Level Township from Agricultural Residential to Interstate Highway Interchange – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for an automotive repair business The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Agricultural Residential with Interstate Highway Interchange overlay and used for agricultural and residential purposes ; and Community Business with Interstate Highway Interchange and currently vacant 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 Mr Gray reported the applicant appeared before the Board of Commissioners in September 2015 and requested a straight Interstate Highway Interchange zoning classification which was denied at that time Mr Gray stated the applicant has revised his request and separated out the residential part of the property the back one acre site from the acreage requested for rezoning Mr Gray noted since the September meeting , the property owner has moved a home on the back one acre portion of the site that is to be left as zoned Agricultural Residential Mr Gray also noted the applicant cleared trees within the proposed rezoning area and he has been informed by the County’s Public Utilities Department that the land clearing is a violation of the soil erosion ordinance Attorney Jason Wenzel , 548 Vercelli Drive , Clayton , representing Applicant Robert E Cribb , Sr , stated Mr Cribb has been in the automotive repair business his entire life and he has been at his current location in Micro for approximately six years Mr Wenzel stated it is his understanding that in the September meeting after the straight rezoning request was denied , it was suggested to Mr Cribb that he could come back and request a special use district Mr Wenzel stated Mr Cribb is asking for the front 612 acres of the property to be rezoned for the business and he plans to leave the back one acre portion for his personal residence Mr Wenzel noted he just learned about the soil erosion violation issue a few minutes ago , but he assured the Board it would be addressed Mr Wenzel continued that Mr Cribb wants to operate an automotive repair and truck repair shop and submitted and reviewed photographs of Mr Cribb’s current business location He stated Mr Cribb is trying to achieve more space at the subject site Mr Wenzel reported the subject site was original zoned as an Interstate Highway Interchange overlay district until 2003 when the former property owner Gurley Family down - zoned the site for tax reasons Mr Wenzel read from the Comprehensive Land Use Plan stating the Interstate Highway Interchange overlay district is a primary growth area where significant growth is expected and should be considered as locations for investment of public infrastructure , roads and utilities , along with the consideration of adjustments to zoning to allow for higher residential densities and non - residential uses Mr Wenzel stated he believes the subject site is a non - residential use , which given its proximity right off Interstate 95 and near the Towns of Selma and Kenly as well as the Springhill Outfitters retail operation , a lot of economic growth will occur Mr Wenzel stated the proposed use is a service business of a commercial nature that is not only for the local Johnston County residents but for those travelers on Interstate 95 He stated businesses in the overlay district are intended to serve the daily conveniences and personal service needs of an immediate county - wide area as well as a regional area and given that this property used to be zoned Interstate Highway Interchange , they are requesting it be rezoned back to its original classification Commissioner Allen L Mims , Jr commented that as Mr Wenzel stated , the previous property owner down - zoned the property for tax reasons in 2003 and he asked why the applicant is requesting to rezone thePage3883 December 7 , 2015 – 6 00 pm Continued majority of the property back to Interstate Highway Interchange noting the taxes will go back up on whatever is rezoned Commissioner Mims asked if the applicant plans to use the entire 612 acres for the business operation Mr Wenzel stated the plans call for an 80 ’ x 80 ’ building , as is shown on the site plan that would include the bays as well as an 8 ’ opaque fence that will be set back roughly 200 feet Mr Wenzel stated Mr Cribb is not planning to fill up the entire acreage and they are aware of the tax implications He noted that Mr Cribb must plan for parking areas as well as future growth Mr Wenzel stated there was discussion at the Planning Board meeting about flipping the design and having the home in the front and the business in the back ; however , Mr Cribb designed the site for road appeal for the business Commissioner Mims referenced the site plan and questioned the plans for fencing noting there is no separation in that the fencing appears to go all the way to the back of the property and around the residence Mr Wenzel stated his client is planning for a fence along the entire property line because he anticipates that people may try to contact him at all hours , but there will be a definitive break from the rezoning acreage and the residential acreage Don Lassiter , 132 Batten Road , Selma , stated he is pro - development and wants to see things grow ; however , he is concerned about the appearance of the applicant’s current business Mr Lassiter stated he is also concerned about the applicant’s disregard of regulations involving land clearing noting that a violation has already occurred because of the land clearing activities Mr Lassiter stated the applicant also went ahead and moved his home to the back acre of the property and went through the adjacent property owner’s soybean field without permission which to him shows the applicant does not respect his neighbors or the adjoining landowners Mr Lassiter stated he is opposed to the rezoning request Attorney Robert Roundtree of Wilson stated he is speaking on behalf of his aunt and uncle Wood Family who own the property adjacent to the subject site Mr Roundtree stated after the meeting in September he had a chance to speak with Mr Cribb and thought they were on good communication terms ; however , they were surprised to learn that Mr Cribb had moved his home on the subject site and traveled through his uncle’s property damaging the area without permission Mr Roundtree stated the applicant was supposed to have the th field repaired by December 8 ; however , to date there has been no effort made Mr Roundtree stated his uncle is concerned about the land clearing activities and the violation of the soil erosion ordinance as well as the possibility the site could become a junkyard creating environmental concerns Mr Roundtree stated Mr Cribb’s actions to date have shown a manifest disregard of the neighbors ’ property rights Mr Roundtree stated they want development , but they want it to be well planned and he asked the Board to take their concerns into consideration Upon a question by Commissioner Mims , Mr Roundtree stated he believes the soybeans on the adjacent property have been picked At the request of Commissioner Chad M Stewart , Mr Roundtree noted the location on the aerial photograph for the Board of where the house was moved on the subject site Commissioner Jeffrey P Carver stated in the Planning Board minutes it references a date to have the th th adjacent property owner’s land repaired by January 8 and questioned if the deadline is December or January 8 th Mr Roundtree showed a copy of his letter he sent to Mr Cribb stating the deadline was December 8 Note A copy of this letter was not left with the Clerk for the record Linda Pulley , 465 Seafood House Road , Selma , stated she owns property beside the subject site in which she rents out mobile homes and she is concerned that the proposed use would cause it to become difficult to rent the homes if the business has the same appearance as the applicant’s current location Ms Pulley stated she does not believe it would be a good place to have a garage next to where people live Dr Sherill Glover , 110 E Edwards Street , Princeton , stated his mother - in - law is Linda Pulley Dr Glover stated they are concerned with the applicant’s integrity stating there seems to be a pattern of behavior where Mr Cribb has a disregard for other people’s property and does not want to cooperate Dr Glover spoke on the violation associated with the land clearing and stated the applicant is not acting in good faith Dr Glover stated they also have concerns associated with environmental issues , appearance , noise and they are concerned the site will become a junkyard Page4884 December 7 , 2015 – 6 00 pm Continued Upon questions by Chairman Tony Braswell and Commissioner Stewart , Dr Glover stated he does not believe their concerns could be addressed with special use conditions because he does not believe the applicant will follow the rules and conditions considering his behavior to date Dr Glover stated they are not again