July 5, 2011 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 468 Meeting of the Johnston County Board of Commissioners July 5 , 2011 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , July 5 , 2011 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney David F Mills , and Paralegal Deputy Clerk Melissa A Daughtry Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments None 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – June 22 and 29 , 2011 Certified letters were mailed to adjoining property owners on June 20 , 2011 Notices were posted at the locations on April 6 , 2011 for Case 04 - 18 MOD ; August 3 , 2010 for Case 10 - 13 ; and May 4 , 2011 for Cases 07 - 16 MOD , 11 - 08 , 11 - 09 , 11 - 10 , and 11 - 12 Special Use Case 04 - 18 MOD – Withdrawn , per applicant’s request Case 04 - 18 MOD A request to modify the Special Use Permit for 104 acres zoned Industrial 1 - Special Use District located at 6712 NC Hwy 50 in Elevation Township The modification request is to allow for automotive sales and display The current Special Use Permit allows for industrial equipment and vehicle repair and storage of salvage vehicles and parts Tax ID 07E06055H , 07E06055I Owner Ben F Smith Applicant Michael McCabe Chairman Allen L Mims , Jr announced that Case 04 - 18 MOD had been withdrawn at the applicant’s request The Chairman opened the Special Use Hearing for Case 07 - 16 MOD Case 07 - 16 MOD A request to modify the Special Use Permit for 2678 acres zoned General Business - Special Use District located at 5121 NC Hwy 42 West in Cleveland Township The current Special Use Permit allows for a commercial shopping center The modification is to additionally allow for Internet Café Internet Sweepstakes Gaming Business in addition to the permitted shopping center Tax ID 06E02005R Owner Garner Development Partners , LLC Applicant 42 Business Centers , LLC Those wishing to speak on Special Use Case 07 - 16 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the Special Use Permit for 2678 acres zoned General Business - Special Use District located at 5121 NC Hwy 42 West in Cleveland Township The current Special Use Permit allows for a commercial shopping center The modification is to additionally allow for Internet Café Internet Sweepstakes Gaming Business in addition to the permitted shopping center Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 16 on March 30 , 2011 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 Page469 July 5 , 2011 – 6 00 pm Continued • 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 May 17 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Modification Case 07 - 16 and made the following recommendations Upon a motion by Mr Letchworth , seconded by Mr DeLaine , carried by a vote of 8 - 1 , with Gathers dissenting , the Planning Board recommended approval of the Modification of the Special Use Permit for Case 07 - 16 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 This use will be located in an existing commercial shopping center Staff The applicant is proposing to use an existing building to operate facility The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The existing development meets the code requirements Staff This existing building meets the setback and access requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The use will go in a commercial shopping center and will not devalue other properties Staff The location is within a commercial area A Class A landscape buffer , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This site is within a growing commercial area Staff Applicant’s proposed 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 Internet Café Internet Sweepstakes Gaming in addition to the permitted shopping center Special Use Conditions 1 Permitted Uses To allow for a commercial shopping center with Internet Café Internet Sweepstakes Gaming 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff 5 No portion of the Shopping Center will be used for a cafeteria , theatre , bowling alley , billiard parlor , night club or other place of recreation or amusement , “ adult ” bookstore or massage parlor , or residences ; 6 No portion of the development will be used for a tavern , bar , or other establishment serving alcoholic beverages for on - premises consumption ; provided , however , that the foregoing shall not prohibit or limit the sale of alcoholic beverages within a permitted restaurant where such sales comprise less than 50 of the restaurants total sales 7 No buildings will have metal exterior 8 Class A Buffer 2 large trees , 2 small trees , and 6 shrubs every 100 linear feet required at all property and or zoning lines Existing vegetation shall be kept and utilized as buffer if greater intensity than code requires 9 Any security lighting shall be engineered so not to shine onto adjacent properties 10 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements that may stem from their Congestion Management Section 11 Required TIA recommendations to include five - lane widening of 42 and new traffic signal on 42 near site as depicted on site plan entrance must be complied with 12 Subject to all laws as established by the State of North Carolina for the operation of an electronic gaming facility , the use of electronic games , and or similar facility use 13 The number of internet gaming terminals shall be limited to 80 terminals and be based on the parking requirements 14 Parking requirements for internet gaming terminals a Parking shall be calculated as Retail area for the commercial shopping center based on the Design Manual requirements , plus b 15 spaces per 2 internet gaming terminal Page470 July 5 , 2011 – 6 00 pm Continued Mr Gray stated the area is the Wal - Mart shopping center at Interstate 40 NC Hwy 42 , and the subject site is located in one of the adjoining shopping strips Mr Gray explained that the Wal - Mart property was rezoned approximately four years ago and the Wal - Mart has been built with available parking in place for the proposed use He stated there are 1,142 total parking spaces with 177 of those spaces available for additional usage The special use request is proposed for 80 computer terminals which would require 60 parking spaces ; however , he noted the applicant has requested to increase the number of allowed computer terminals to 100 which would require 75 parking spaces Mr Gray stated the Planning Board recommended a limit of 80 computer terminals unless the applicant could present a detailed parking study proving there is adequate parking to support 100 terminals Mr Gray submitted a letter dated July 1 , 2011 from Paramount Development Corporation the developer of the shopping center in support of the proposed use Rick Earnhardt , 6735 Benson Hardee Road , Benson , representing the applicant , 42 Business Centers , LLC , asked the Board to approve the modification Mr Earnhardt explained that a few years ago , they began a similar operation with 50 computer terminals at another location ; however , due to parking issues at that site , they had to remove 10 terminals which caused them a loss in business Mr Earnhardt stated the Wal - Mart shopping center would have adequate parking which will allow them to grow Chairman Allen L Mims , Jr noted the Planning Board recommended 80 computer terminals Mr Earnhardt requested the Board to consider approving 100 computer terminals to help offset the higher rental cost at the Wal - Mart shopping center Mr Earnhardt presented photographs of the parking lot and stated that there is adequate parking to accommodate 100 computer terminals Mr Earnhardt also referenced the letter dated July 1 , 2011 from Paramount Development Corporation in support of the proposed use Chairman Mims asked if the proposed use would comply with special condition # 12 that states “ subject to all laws as established by the State of North Carolina for the operation of an electronic gaming facility , the use of electronic games , and or similar facility use ” Mr Earnhardt responded that they follow the laws of the State of North Carolina and they had to shut their existing operation down two years ago for a short period of time in order to change the computer software so that the business would comply with the law Upon a question by Commissioner Wade M Stewart , Mr Earnhardt stated they intend to keep their present location open as well as open the new business at the Wal - Mart shopping center Mr Gray reported the Planning Board recommended approval for 80 terminals He presented and reviewed the proposed revisions to the special use conditions At the inquiry of Commissioner Jeffrey P Carver , Mr Gray explained that there are a total of 1,142 parking spaces at the shopping center with 177 of those spaces available for additional usage aside from the Wal - Mart He stated the total square footage of the entire center is 241,000 square feet and he was unsure as to how much of that space is vacant Mr Earnhardt reported the unit he wishes to rent is currently the only vacant space in the center Mr Gray stated that all the available 177 parking spaces should not be allocated to one specific use in that other potential higher intensity uses could locate on the property in the future He continued that if another higher intensity use were to locate to the center , the parking may have to be recalculated which could create problems He stated if 100 computer terminals were approved , it would require 75 parking spaces , leaving a balance of 102 parking spaces available for other future users At the inquiry of Commissioners DeVan Barbour and Jeffrey P Carver , Mr Earnhardt confirmed that he would be renting the last available unit in the shopping center Commissioner Stewart asked how the parking would be regulated Commissioner Barbour stated that parking is more of a zoning issue in that businesses must have certain amounts of parking based on their type of use Commissioner Tony Braswell asked if parking would be a problem for the additional 20 requested computer terminals , noting the applicant is requesting to operate 100 computer terminals versus 80 Page471 July 5 , 2011 – 6 00 pm Continued Mr Gray stated the current available parking would allow for 100 computer terminals He added that the Planning Board’s concern was with the type of use proposed and potential future uses that could locate on the property such as a restaurant which is a higher intensity use and requires more parking Mr Gray reported the Planning Board stated that if the applicant were allowed 100 computer terminals , a study should be done to make sure that 100 terminals would not cause problems with parking at the shopping center Mr Gray referenced the letter of support from the developer of the shopping center and noted that it was important to staff that the developer Paramount had no opposition to the requested use Commissioner Braswell stated in Paramount’s letter , they reference 300 available parking spaces Mr Gray explained that the 300 spaces mentioned in Paramount’s letter is misleading in that he believed they are including parking spaces that have been allocated to other uses in the shopping center Mr Gray stated that 80 computer terminals would require 60 parking spaces and 100 computer terminals would require 75 parking spaces Upon a question by Commissioner Braswell , Mr Gray reported staff recommended approval of 80 computer terminals and the Planning Board recommended 80 terminals unless a study could be done to show that 100 computer terminals would not impact parking at the shopping center Mr Gray stated there was no opposition to 100 computer terminals by the Planning Board other than they wanted to make sure the actual parking was sufficient Commissioner Stewart asked how many computer terminals the applicant requested and how many parking spaces would be required Mr Gray stated the applicant has requested 100 computer terminals which would require 75 parking spaces out of the 177 available spaces There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 16 MOD Decision on Special Use Case 07 - 16 MOD Case 07 - 16 MOD A request to modify the Special Use Permit for 2678 acres zoned General Business - Special Use District located at 5121 NC Hwy 42 West in Cleveland Township The current Special Use Permit allows for commercial shopping center The modification is to additionally allow for Internet Café Internet Sweepstakes Gaming Business in addition to the permitted shopping center Tax ID 06E02005R Owner Garner Development Partners , LLC Applicant 42 Business Centers , LLC Based on the findings of facts and special use conditions , leaving conditions 1 – 14 as is , Commissioner Wade M Stewart moved the Board approve the modification to Case 07 - 16 MOD to additionally allow for an Internet Café Internet Sweepstakes Gaming Business in addition to the permitted shopping center located on 2678 acres zoned General Business - Special Use District located at 5121 NC Hwy 42 West in Cleveland Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses To allow for a commercial shopping center with Internet Café Internet Sweepstakes Gaming 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Submission of a unified sign plan for review and approval by the Planning and Zoning Department Staff 5 No portion of the Shopping Center will be used for a cafeteria , theatre , bowling alley , billiard parlor , night club or other place of recreation or amusement , “ adult ” bookstore or massage parlor , or residences ; 6 No portion of the development will be used for a tavern , bar , or other establishment serving alcoholic beverages for on - premises consumption ; provided , however , that the foregoing shall not prohibit or limit the sale of alcoholic beverages within a permitted restaurant where such sales comprise less than 50 of the restaurants total sales 7 No buildings will have metal exterior 8 Class A Buffer 2 large trees , 2 small trees , and 6 shrubs every 100 linear feet required at all property and or zoning lines Existing vegetation shall be kept and utilized as buffer if greater intensity than code requires 9 Any security lighting shall be engineered so not to shine onto adjacent properties PagePage pageNumber5472 July 5 , 2011 – 6 00 pm Continued 10 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements that may stem from their Congestion Management Section 11 Required TIA recommendations to include five - lane widening of 42 and new traffic signal on 42 near site as depicted on site plan entrance must be complied with 12 Subject to all laws as established by the State of North Carolina for the operation of an electronic gaming facility , the use of electronic games , and or similar facility use 13 The number of internet gaming terminals shall be limited to 80 terminals and be based on the parking requirements 14 Parking requirements for internet gaming terminals a Parking shall be calculated as Retail area for the commercial shopping center based on the Design Manual requirements , plus b 15 spaces per 2 internet gaming terminal The Chairman opened the Rezoning Hearing for Case 10 - 13 Case 10 - 13 Petition to rezone 1069 acres of a 34394 acre tract located along Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 13C04017B Owner Applicant Object Properties LLC Planning Director Berry Gray stated the petition is to rezone 1069 acres of a 34394 acre tract located along Massengill Pond Road in Pleasant Grove Township from Agricultural Residential to Industrial 2 - Special Use District Mr Gray reported the accompanying special use permit would allow for the operation of a private airfield and hanger Mr Gray stated the property is currently vacant with a subdivision located adjacent The surrounding zoning is Agricultural Residential and R - Mobile Home Park used primarily for residential and agricultural purposes as well as General Business – Special Use District for a plumbing business Mr Gray stated the area is located within a designated Secondary Growth Area on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years He stated the proposal includes a paved 2,000 ft x 40 ft runway Mr Gray pointed out that there are approximately 60 existing dwellings within 1,000 feet of the subject site He noted the applicant has received a determination from the Federal Aviation Administration FAA and permit approval from the NC Department of Transportation Mr Gray reported the applicant’s original request was for a 19 - lot subdivision that would have access to an airfield hanger as well as would allow for private memberships to the airfield However , the applicant has indicated he would like to revise his request , in light of the economy , to construct only his personal residence on the site along with a grass airstrip for his personal aircraft Mr Gray stated the applicant currently owns one or two planes that he would house on the site Applicant Allen Davis , 404 Kasey Circle , Raleigh , stated his primary wish for the property was to build his personal residence with his own airfield and he proposed the fly - in subdivision idea as a way to pay for the upkeep of the property ; however , he stated that in going through the rezoning process he has become aware of opposition from the nearby residents Mr Davis continued that considering the current state of the economy , he now wants to construct only his personal residence and a grass strip runway Mr Davis asked the Board to consider allowing him to house up to six airplanes on the subject site to account for his two airplanes as well as planes owned by friends Chairman Allen L Mims , Jr asked Mr Davis if he planned to construct hangers on the property Mr Davis stated he proposes to construct one hanger to house two or three planes Mr Davis reported that since the Planning Board meeting , he has obtained a sound study which indicated the airstrip would be low impact to the surrounding area , and further , he commissioned a land analysis which also indicated there would be no negative impacts to the surrounding property values Mr Davis stated the FAA has already approved the project and in making their determination , the FAA considered the surrounding homes as well as the State Board of Transportation has approved the project Commissioner Cookie Pope asked if a training facility would be on site Mr Davis stated there was a misunderstanding regarding a possible training facility on the site because of the name that he put on the paperwork that was submitted to the FAA Mr Davis stated he has no intentions of operating a training facility on the site Upon a question by Commissioner Wade M Stewart , Mr Davis reported he presently lives near Interstate 40 NC Hwy 42 in Johnston County but he intends to build a home on the subject site Samantha Ficzko , 123 Polly Circle , Angier , informed the Board that she is a Planner by profession and has also worked with a regional airport consulting and engineering firm Ms Ficzko stated that she and herPagePage pageNumber6473 July 5 , 2011 – 6 00 pm Continued neighbors are all opposed to the proposed use for the health , safety , and general welfare of the community Ms Ficzko expressed concerns regarding potential increased safety hazards to their homes , a reduced quality of life due to noise , possible negative impacts to property values , and possible increases in homeowners insurance rates Ms Ficzko submitted a petition in opposition signed by 28 people to the Board as well as additional letters of concern Ms Ficzko read excerpts from the Federal Aviation Administration’s Southern Region Land Use Compatibility and Airports Guidebook regarding land uses around airports Ms Ficzko stated that at the Planning Board meeting , the applicant was requesting to develop a subdivision along with the airfield ; however , is now changing the request Ms Ficzko added that either way , the subdivision residents are opposed to six airplanes flying over their houses on a regular basis Ms Ficzko also submitted an aerial photograph of the subject site along with information on Airport Impact Zones to the Board Upon a question by Chairman Mims , Ms Ficzko stated the definition of an airport in the information she presented is “ any public use airport including heliports , defined by the Aviation Safety and Noise Abatement Act of 1979 including any airport which is used or to be used for public purposes under the control of a public agency , the landing area of which is publicly owned ; any privately owned reliever airport ; and any privately owned airport which is determined by the Secretary to enplane annually 2,500 or more passengers ” Ms Ficzko stated her objective was more to demonstrate to the Board that the guidelines that have to be considered for larger airports should also be considered for the subject site At the request of the Chairman , approximately ten people raised their hands in opposition Doretha Burkins , 127 Polly Circle , Angier , spoke in opposition to the request stating she moved from Raleigh to the area to enjoy the country life Ms Burkins expressed her concerns regarding potential safety hazards from the proposed use as well as possible impacts to her quality of life Shawn Ogni , 150 West Road , Angier , spoke in support of the request Mr Ogni stated he owns approximately 29 acres adjacent to the subject site with a barn and riding arena and that he has been in support of the request from the beginning Mr Ogni added that he is not an advocate for individuals doing whatever they please ; therefore , he would like to see more study done on possible impacts to insurance ratings Mr Ogni stated there is a buffer zone on the subject site and that the applicant has promised to take the necessary steps for water runoff issues Mr Ogni did express concerns over possible fuel storage on the site Mr Davis stated there would be no fuel storage on the site Mr Ogni continued that he lives and owns livestock adjacent to the subject site and he does not believe that noise will be an issue in that Mr Davis would mostly fly during the day Mr Ogni noted another airfield located on Highway 55 in Angier and spoke on the number of homes that are around that airfield and stated he does not recall that there have been any issues at that location Mr Ogni stated he does understand some of previous speakers points , and in consideration of those comments , he would like to see additional insurance studies done as well as possible restrictions on the number of planes that would be allowed Mr Ogni stated he would support six or ten planes being allowed Mike Weeks , 6186 Benson Hardee Road , Benson , stated he lives up the road from the subject site and he spoke in support of the request Mr Weeks stated that although there may need to be more study done on the noise factor , he feels the adjacent swamp land would act as a buffer Mr Weeks stated Mr Davis would have to make sure his planes are up to date on emissions laws , fuel laws , etc and he feels the noise would be minor Mr Weeks stated he supports the request 100 Jerry Sherwood , 104 Polly Circle , Angier , spoke in opposition and stated he and his wife purchased their property to be in a quiet neighborhood Mr Sherwood spoke on his concerns over possible plane crashes and the uncertainty of future plans Mr Sherwood also expressed his concerns over possible increases in insurance rates James Stephenson , 5581 Elevation Road , Benson , stated he is an outsider to the area ; however , he is a pilot and he spoke on the airfield located near Angier Mr Stephenson stated small airplanes such as those proposed by Mr Davis do not generate as much noise as the large jets Mr Davis stated that when he came to the Planning Board meeting , he did not expect opposition Mr Davis reported he would not be offering any type of passenger service , has met FAA guidelines , and wants to be a good neighbor Mr Davis stated after he learned of the opposition at the Planning Board meeting , he went back and had the sound study done as well as the land analysis performed which both indicated the proposed usePagePage pageNumber7474 July 5 , 2011 – 6 00 pm Continued would have no negative impact on the community Mr Davis noted that he has spoken to both Wake Med and UNC Hospital who have indicated they would like to put the site on their list of approved landing zones Chairman Mims asked , in the sound study , if Mr Davis flew his plane over the site with someone taking sound measurements Mr Davis stated that he had an acoustic engineer evaluate the flight pass by using FAA measurements for private aircraft At the request of Commissioner Jeffrey P Carver , Mr Davis submitted copies of the reports to the Board Mr Davis stated the land analysis study was performed by a registered real estate agent Chairman Mims asked Mr Davis why he changed his plans to develop a fly - in subdivision Mr Davis responded that even in the best economy , a fly - in subdivision is not sold to just anyone ; it is sold to pilots He stated given the current state of the economy , at best , it could take him 15 years to sell the lots ; therefore , he felt it was better to go ahead and construct his home and a grass field runway for his personal use At the inquiry of Chairman Mims , Mr Davis asked the Board to approve a limit of six airplanes for a grass strip runway Mr Davis reported he has one flying plane and one project plane at the present time Commissioner Carver noted that according to property records , Mr Davis purchased the property in 2003 and the adjacent subdivision was already in existence Commissioner Carver asked Mr Davis what he planned to do with the property at the time of purchase in 2003 Mr Davis stated he purchased the property as an investment and because it was a long relatively flat property that could be used as a runway Commissioner DeVan Barbour stated the Planning Board recommended denial of the original request ; however , he noted the applicant has significantly changed his plans therefore ; the Planning Board’s recommendation no longer applies Commissioner Carver agreed that the request has changed a number of times and he reiterated the adjacent subdivision was there before Mr Davis purchased the property Commissioner Carver expressed concerns with making a decision on the rezoning because of the changes as well as he stated the Board has not had time to review the studies that Mr Davis has submitted He suggested sending the request back to the Planning Board to review the new information Chairman Mims asked since the applicant has changed his request to a grass strip personal runway , would the zoning still need to be Industrial 2 – Special Use District Mr Gray responded that staff would request the rezoning stay at Industrial 2 – Special Use District to remain consistent with the zoning of other airfields in the County Mr Gray reported the Planning Board recommended denial of the original request ; however , he noted as previously mentioned by Commissioner Barbour , the applicant has downsized the request and the Planning Board has not reviewed the new information Mr Gray also noted that staff has not had the opportunity to review the studies submitted by the applicant Commissioner Pope asked at what point the County began requiring airstrips to be zoned Industrial Mr Gray explained that Industrial zoning was probably mandated for airstrips when the zoning ordinance changed in 2000 Commissioner Stewart and Commissioner Braswell both agreed that the revised request should be remanded back to the Planning Board for review There being no further comments , the Chairman recessed the Rezoning Hearing for Case 10 - 13 PagePage pageNumber8475 July 5 , 2011 – 6 00 pm Continued Decision on Rezoning Case 10 - 13 – Request Remanded Back to Planning Board Case 10 - 13 Petition to rezone 1069 acres of a 34394 acre tract located along Massengill Pond Road SR 1313 in Pleasant Grove Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 13C04017B Owner Applicant Object Properties LLC Commissioner Tony Braswell moved that Case 10 - 13 be remanded back to the Planning Board for further review Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Commissioner DeVan Barbour stated that there needs to be additional studies with regards to possible impacts to the insurance ratings of the surrounding property owners The Chairman reopened the Rezoning Hearing for Case 11 - 08 Case 11 - 08 Petition to rezone 253 acres located at 2699 Government Road in Clayton Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 05F02013G Owner Applicant Joseph R Hardee Planning Director Berry Gray stated the petition is to rezone 253 acres located at 2699 Government Road in Clayton Township from Agricultural Residential to General Business – Special Use District Mr Gray noted the accompanying special use permit associated with the request The surrounding land uses are zoned Agricultural Residential and Town of Clayton R - E and used for agricultural and residential purposes ; and General Business which is used for a commercial business nearby Mr Gray stated the rezoning came to the County as a violation due to a complaint from a neighboring property owner Mr Gray reported the existing landscaping contractor’s office has been in operation for a while and the owner does live on the property He stated the complaint from the neighbor was due to smoke that was generated on the subject site from the burning of yard debris as part of the landscaping business Mr Gray reported the Planning Board discussed the burning and recommended , if the rezoning is approved , special conditions to address the burning Upon a question by Commissioner Wade M Stewart , Mr Gray stated no other complaints have been received with regards to traffic patterns , property access , or other issues ; only the smoke Mr Gray reported the business is not visible from neighboring properties ; however , he stated the smoke has been an issue Applicant Joseph Hardee , 2699 Government Road , addressed the Board and stated the property was given to him by his grandfather in 2002 and he moved his landscaping business off of US Hwy 70 to the subject site Mr Hardee reported the business has grown from just him to a couple of employees and he constructed his home beside the subject site Mr Hardee stated that he was contacted by a neighboring property owner because of the smoke and he has resolved the issue where there is no longer burning on the site Mr Hardee stated he does not wish to bother anyone Bryan Henley , 2024 Spring Valley Drive , stated he lives a few hundred feet from where the burning was taking place Mr Henley stated he has lived there since 1994 and the business did not become an issue until Mr Hardee’s relatives and other landscapers began bringing in yard material for burning during seasonal times of the year Mr Henley added that he has no issues with the applicant having a business on the subject site ; however , he is against landscaping yard material being imported to the site for burning Mr Henley requested conditions be put on the use regarding bringing material on the site for burning Chairman Allen L Mims , Jr stated the conditions could be discussed during the special use hearing , if the rezoning is approved Commissioner DeVan Barbour commented that the Planning Board was able to help work out a suitable solution by recommending conditions on burning Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 11 - 08 Decision on Rezoning Case 11 - 08 Case 11 - 08 Petition to rezone 253 acres located at 2699 Government Road in Clayton Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 05F02013G Owner Applicant Joseph R HardeePagePage pageNumber9476 July 5 , 2011 – 6 00 pm Continued Commissioner Cookie Pope moved the Board approve rezoning case 11 - 08 to rezone 253 acres located at 2699 Government Road in Clayton Township from Agricultural Residential to General Business – Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 11 - 08 Case 11 - 08 To allow for a landscaping contractor’s office and storage area Owner Applicant Joseph R Hardee Those wishing to speak on Special Use Case 11 - 08 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a landscaping contractor’s office and storage area Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 08 on March 31 , 2011 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 May 17 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 08 and made the following recommendations Upon a motion by Mr Letchworth , seconded by Mr Edwards , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning for Case 11 - 08 Upon a motion by Mr Summerlin to add an additional condition to include Mr Edward’s concern of burning only what is generated on site , seconded by MrGathers , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use Permit for Case 11 - 08 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 My business is located within our 120 acre family farm , in which we have set aside an area for parking our commercial trucks and equipment , a barn to store lawnmowers and others landscaping materials This site provides a location for employees to meet so as to perform their jobs safely My business creates jobs for people to support their families Staff The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The business was located as not to disturb nearby homeowners This site is surrounded by natural buffers that were retained during construction clearing All drainage ways where protected for erosion control , gravel parking was utilized to reduce runoff Additional landscaping was installed for beautification even though this is not visible from neighbors 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 No trees or other ground vegetation was removed , other than the minimum necessary for equipment parking We installed drainage swells to reduce erosion This site was chosen to reduce visual impacts on neighbors Staff The location of the site , out of visual site of neighbors , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Page0477 July 5 , 2011 – 6 00 pm Continued Applicant This site will be used for storage of equipment and landscape materials and will conform with the general plans and physical development of the County’s jurisdiction , as it is 100 yards from another commercial site , and is not located in a dense residential area Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT landscaping contractor’s office and storage area Special Use Conditions 1 Permitted Uses landscaping contractor’s office and equipment materials storage area 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 No signage shall be allowed 7 Hours of operation shall be limited to Monday – Saturday 7 00am – 9 00pm , Sunday 8 00am – 4 00 pm 8 No burning of yard debris , other than debris generated on site , and shall be burned in accordance with the state law Items in bold are conditions added by the Planning Board Mr Gray listed and reviewed each of the special use conditions with the Board Applicant Joseph Hardee , 2699 Government Road , confirmed that he understood and would comply with the special use conditions Chairman Allen L Mims , Jr asked Mr Hardee if he intended to burn material that is generated on site Mr Hardee responded that occasionally his grandfather generates material on the farm ; however , in consideration of Mr Henley , they now haul the material off site Mr Hardee stated it was never his intention to have any issues with any of the neighbors Mr Hardee stated he does not plan to burn on the site Bryan Henley , 2024 Spring Valley Drive , asked if the applicant would be entitled to burn only what is generated on the subject site Chairman Mims confirmed that as the proposed special conditions read , the applicant is only allowed to burn what is generated on the subject site Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 11 - 08 Decision on Special Use Case 11 - 08 Case 11 - 08 To allow for a landscaping contractor’s office and storage area Owner Applicant Joseph R Hardee Based on the findings of facts and special use conditions , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 08 to allow for a landscaping contractor’s office and storage area on 253 acres located at 2699 Government Road in Clayton Township Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses landscaping contractor’s office and equipment materials storage area 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal to or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 No signage shall be allowed 7 Hours of operation shall be limited to Monday – Saturday 7 00am – 9 00pm , Sunday 8 00am – 4 00 pm 8 No burning of yard debris , other than debris generated on site , and shall be burned in accordance with the state law Page1478 July 5 , 2011 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 11 - 09 Case 11 - 09 Petition to rezone 123 acres located at 631 Clayton Road in Pleasant Grove Township from Agricultural Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 13C04035P Owner Applicant Javier and Maria Jauregui Planning Director Berry Gray stated the petition is to rezone 123 acres located at 631 Clayton Road in Pleasant Grove Township from Agricultural Residential to Industrial 1 – Special Use District Mr Gray noted the special use request associated with the rezoning to allow for a roofing contractor’s fabrication shop for metal roofing as well as the applicant’s residence The surrounding land uses are zoned Agricultural Residential and used for such purposes ; Agricultural Residential and used for the sale of landscape nursery plant stock ; Agricultural Residential – Special Use District for a dog kennel ; and Industrial 2 – Special Use District for animal pharmaceutical research and development Mr Gray stated the applicant’s property is the corner lot of a subdivision , and the rest of the subdivision is located behind his property The applicant would use the subdivision street to access the property The area is located within a designated Secondary Growth Area on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray pointed out that the subdivision street which would be used to access the property is unimproved and has no recorded road maintenance agreement At the inquiry of Chairman Allen L Mims , Jr , Mr Gray confirmed that the applicant is a part of the subdivision and there are no restrictive covenants , to staff’s knowledge Commissioner Wade M Stewart stated that from the aerial photograph , the area appears to be a developed subdivision with residents and he asked is the request typical Mr Gray stated that typically staff does not see commercial or industrial of a higher intensity use in a subdivision He added that such a use may be located along a road where it may only impact the applicant’s residence with limited impact to neighbors , but he stated that the proposed request is unusual in that it is located in a developed subdivision Mr Gray stated staff recommended denial , based on the lack of a private road maintenance agreement ; however , the Planning Board recommended approval based on the intensity of the use that the applicant is requesting and the ability to limit the number of employees and type of trucks through so as to limit the impacts on the neighbors Commissioner Stewart commented that there was no opposition at the Planning Board meeting and asked if staff had received any concerns Mr Gray reported staff has received no additional phone calls or letters from citizens regarding the request Applicant Javier Jauregui , 631 Clayton Road , stated he started a small roofing business three years ago and he needs the rezoning in order to construct a storage building for the equipment and have a place to fabricate metal Commissioner Stewart noted the surrounding neighbors and asked Mr Jauregui about the noise associated with his business and if Mr Jauregui had spoken with the neighbors Mr Jauregui stated the noise would be minimal in that only minimal work would be done in the building Mr Jauregui reported a couple of neighbors had stopped by and asked him about the rezoning request and he explained the process Mr Jauregui stated there was no reaction by the neighbors He confirmed that a rezoning sign has been on his property advertising the rezoning At the inquiry of Commissioner Jeffery P Carver , Mr Jauregui stated he does live on site and that to his knowledge most of his neighbors rent their property Mr Gray stated the notices are mailed to the actual property owners ’ addresses and that 22 notices were sent out to the adjacent property owners Mr Gray reported the Planning Board recommended approval of the rezoning request , based on the ability to apply special use conditions to ensure that the use would be more compatible with the area There being no further comments , the Chairman recessed the Rezoning Hearing for Case 11 - 09 Page2479 July 5 , 2011 – 6 00 pm Continued Decision on Rezoning Case 11 - 09 Case 11 - 09 Petition to rezone 123 acres located at 631 Clayton Road in Pleasant Grove Township from Agricultural Residential AR to Industrial 1 – Special Use District I1 - SUD Tax ID 13C04035P Owner Applicant Javier and Maria Jauregui Commissioner Cookie Pope moved the Board approve rezoning case 11 - 09 to rezone 123 acres located at 631 Clayton Road in Pleasant Grove Township from Agricultural Residential to Industrial 1 – Special Use District Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 11 - 09 Case 11 - 09 To allow for a roofing contractor’s fabrication shop for metal roofing and residence Owner Applicant Javier and Maria Jauregui Those wishing to speak on Special Use Case 11 - 09 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a roofing contractor’s fabrication shop for metal roofing and residence Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 11 - 09 on March 10 , 2011 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 May 17 , 2011 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 11 - 09 and made the following recommendations Upon a motion by Mr Letchworth to approve the rezoning , seconded by Mr Gathers and carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of Rezoning Case 11 - 09 at the May 17th , 2011 meeting Upon a motion by Mr Letchworth adding the condition on single axle vehicles and limited employees , seconded by Mr Smith , carried by a unanimous vote of 9 - 0 , the Planning Board recommended approval of the Special Use Permit for Case 11 - 09 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant There will be limited traffic , and landscape buffering will be provided Staff The applicant will be subject to special use conditions However , the proposal does not promote the public health , safety , and general welfare since it will contribute increased non - residential traffic to an unimproved residential subdivision street 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant We will comply with all required codes and regulations Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This business will not negatively impact any neighbors We will provide buffers Additionally there will be no retail sales from this site Staff The location of the site , out of visual site of neighbors , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Page3480 July 5 , 2011 – 6 00 pm Continued Applicant This use will conform with all of the code requirements There are other commercial businesses nearby Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Roofing contractor’s fabrication shop for metal roofing and residence Special Use Conditions 1 Permitted Uses Roofing contractor’s fabrication shop for metal roofing and residence 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 No signage other than wall - mounted signage shall be allowed 7 Hours of operation shall be Monday - Saturday 7 30am - 7 30pm 8 Outdoor storage shall be enclosed by an opaque fence 9 Limited to 3 employees and 1 single - axle vehicle Items in bold are conditions added by the Planning Board Mr Gray listed and reviewed each of the special use conditions with the Board Commissioner Cookie Pope asked about signage Mr Gray reported that with the proposed special use conditions , the applicant would only be allowed to have a wall - mounted sign on the building Mr Gray stated staff was hesitant to recommend a free - standing sign because the area is a residential subdivision Applicant Javier Jauregui , 631 Clayton Road , confirmed that he understood and would comply with the special use conditions Mr Jauregui stated that in most cases , he goes to the customer and the customer does not come to his business Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 11 - 09 Decision on Special Use Case 11 - 09 Case 11 - 09 To allow for a roofing contractor’s fabrication shop for metal roofing and residence Owner Applicant Javier and Maria Jauregui Based on the findings of facts and special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 11 - 09 to allow for a roofing contractor’s fabrication shop for metal roofing and residence on 123 acres located at 631 Clayton Road in Pleasant Grove Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Roofing contractor’s fabrication shop for metal roofing and residence 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 No signage other than wall - mounted signage shall be allowed 7 Hours of operation shall be Monday - Saturday 7 30am - 7 30pm 8 Outdoor storage shall be enclosed by an opaque fence 9 Limited to 3 employees and 1 single - axle vehicle The Board took a five minute recess Page4481 July 5 , 2011 – 6 00 pm Continued Rezoning Case 11 - 10 - Petition to rezone 3 acres of a 3172 acre tract located at 2701 Polenta Road in Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 06D01019A Owner Clifton Nest LLC Applicant Lanny K Clifton It was determined that the applicant had not arrived for Case 11 - 10 ; therefore , the Board proceeded with Case 11 - 12 as follows Note Rezoning Case 11 - 10 was tabled until the September 6 , 2011 6 00 pm meeting The Chairman reopened the Rezoning Hearing for Case 11 - 12 Case 11 - 12 Petition to rezone 0034 acres of a 1667 acre tract located at 12330 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13E05008K Owner McGee’s Crossing LLC Applicant B & L Business Centers , Inc Planning Director Berry Gray stated the petition is to rezone 0034 acres of a 1667 acre tract located at 12330 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the small acreage is actually one of the units in the McGee’s Crossing Shopping Center He stated the accompanying special use permit request is to allow for the operation of an Internet Café Internet Sweepstakes Gaming Business in addition to the permitted uses Mr Gray reported the surrounding land use is a commercial area which includes retail , a restaurant , and other commercial uses The area is located within a designated Primary Growth Area on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , the site is located within a Regional Centers activity node Mr Gray stated the applicant is requesting 25 computer terminals which would require 19 parking spaces and there are 61 parking spaces available to use , based on the shopping center requirements Tom Laserre , 433 Carrington Drive , Garner , representing the applicant , B & L Business Centers , Inc , asked the Board to approve the request Upon a question by Chairman Allen L Mims , Jr , Mr Laserre stated the operation would be in compliance with the laws of North Carolina Mr Laserre stated he believed there was a need for the business in the area Mr Laserre reported he operates several of the operations Commissioner Wade M Stewart asked if there was any opposition at the Planning Board meeting Mr Laserre stated there was one person at the Planning Board meeting that just had concerns over the legality of the business Mr Laserre reported the other tenants at the shopping center were in support of the business County Attorney David Mills explained that two superior courts have ruled that the General Statute that prohibits games of chance using entertaining displays is constitutional and enforceable He stated those cases are now before the North Carolina Court of Appeals and no decision has been rendered yet Mr Mills continued that the issue for these types of businesses is whether they are using an entertaining display He reiterated that no appellant court has overruled the General Statute , and that in this case , the Statute has been upheld by the Superior Courts Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 11 - 12 Decision on Rezoning Case 11 - 12 Case 11 - 12 Petition to rezone 0034 acres of a 1667 acre tract located at 12330 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13E05008K Owner McGee’s Crossing LLC Applicant B & L Business Centers , Inc Commissioner DeVan Barbour moved the Board approve rezoning case 11 - 12 to rezone 0034 acres of a 1667 acre tract located at 12330 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Page5482 July 5 , 2011 – 6 00 pm Continued The Chairman reopened the Special Use Hearing for Case 11 - 12 Case 11 - 12 To allow for the operation of an Internet Café Internet Sweepstakes Gaming Business in addition to the permitted uses in General Business and Interstate Highway Interchange