May 5, 2008 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 707 Meeting of the Johnston County Board of Commissioners May 5 , 2008 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 5 , 2008 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , J Mark Payne , County Attorney , and Deva C Holt , Deputy Clerk Chairman Cookie Pope called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments None 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – April 23 , 2008 and April 30 , 2008 Certified letters were mailed to adjoining property owners on April 24 , 2008 Notices were posted at the locations on March 3 , 2008 for Cases 05 - 07 ; 08 - 07 ; 08 - 08 ; 08 - 09 ; and 08 - 10 The Chairman opened the Special Use Hearing for Case 05 - 07 Case 05 - 07 Application to modify the Special Use Permit as follows original permit allows for an auction house Applicant is requesting that the existing buildings also be used for church services Property is located on Stephenson Road SR 1322 approximately ¼ of a mile east of its intersection with Zack’s Mill Road SR 1319 in Pleasant Grove Township Tax ID 13D04096 Applicant CAG Farms Inc Owner Lane Gregory Those wishing to speak on Special Use Case 05 - 07 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 original special use permit He stated the original permit allows for an auction house ; however , the modification , if approved , would allow for the addition of church services Mr Gray noted the facility at one time , contained a restaurant and the auction house would be relocated to the former restaurant area Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 07 on January 29 , 2008 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 March 18 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 07 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Gathers and carried unanimously , the Planning Board voted to recommend approval of the Special Use Permit modification as requested , Case 05 - 07 , based on the following findings of fact and special conditions Page708 May 5 , 2008 – 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 Would like to modify the permit to allow church , as well as auction operation This will maintain and promote public health as well as spiritual growth Staff Modification of the Special Use permit with conditions will maintain the public health , safety , and general welfare 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 buildings will comply and meet all legal county regulations Staff With the presence of General Business zoning to the north and east of the property , this development will continue to fit well and serve those residents located in the rural residential neighborhood There is intense screening and buffering of the site 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 permit modification will only help to maintain and enhance the value of contiguous property , or that the use or development is a public necessity Staff The addition of a church use at the site will be compatible with existing surrounding land uses The IHI Interstate Highway Interchange District is nearby , and churches are permitted in AR districts with no conditions ; this suggests that the proposed modification of the SUP would be compatible with the neighborhood and the Land Development Code 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 zoning modification will meet zoning requirements of Johnston County Staff The development of the site will conform to all applicable Land Development Code requirements Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Must comply with any NCDOT required traffic improvements 4 Buffer Maintain existing vegetation 5 Operation hours Auction Gallery , Monday thru Sunday , 8 00 am – 10 00 pm Church Services , Monday thru Sunday , 8 00 am – 10 00 pm there will also be one midnight service conducted annually at Christmastime 6 Signage Incorporate into existing sign 7 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 8 Any lighting features will have to be included in the detailed site plan provided to staff 9 Shelter must be upgraded to commercial codes prior to issuing or recording the Special Use Permit 10 Shelter will be solely used for loading unloading and storage of auction goods ; no sales , auctions , or other such events shall take place at the building until or unless the shelter meets commercial building code and a valid permit is issued by Building Inspections Modifications to the conditions are noted in bold Mr Gray listed and reviewed the modified special use conditions with the Board Frances Taylor , 2428 Stephenson Road , informed the Board that she lives adjacent to the path that would lead to the proposed church services and she expressed concerns over potential noise and traffic the proposed use could bring to the area Ms Taylor noted there has been a recent addition to a recycling operation at the end of Stephenson Road which has increased traffic She stated there are at least 1,000 cars traveling the road each day , and there have already been issues with horses on the road being spooked by noise from motorcycles Ms Taylor stated she is opposed to the modification and submitted a petition of opposition to the Board , signed by 28 people Commissioner Tony Braswell asked Ms Taylor if any of the 28 people on the petition were present Ms Taylor responded other than her father , the remaining people could not attend due to their working schedules Lane Gregory , owner of the subject property , informed the Board that the Freedom Biker Church has outgrown their current location and has approached him regarding holding church services at the auction house Mr Gregory reported he has reconfigured the auction house and no longer requires all the space in the facility ; therefore , he can accommodate the church services Mr Gregory stated he believes there has been a misconception regarding the motorcycle church and noted it should not be considered a motorcycle gang Mr Gregory indicated he does not believe there will be any problems Mr Gregory acknowledged that Stephenson Road began as a rural road ; however , he stated that is changing with the growth that the area is experiencing Page709 May 5 , 2008 – 6 00 pm Continued Commissioner Allen L Mims , Jr asked if the restaurant was still in operation Mr Gregory reported the restaurant operation closed two years ago ; however , when it was in operation it served meals until 9 00 pm four days per week and fed upwards of 1,200 people each night He noted the auction operation is a weekly sale on Tuesday nights with approximately 125 people in attendance , and special auctions are held from time to time In response to a question from Commissioner Mims , Mr Gregory stated even though the hours proposed for the church are the same as the auction house , there would not be any overlap in services and he would be glad to submit that statement in writing to the Board , if needed Mr Gregory reported when the restaurant closed , the amount of traffic on the road decreased and even with the church services , he did not believe it would draw the same amount of traffic as the restaurant had Mike Beasley , 952 Black Angus Drive , Pastor of the Freedom Biker Church , stated the church has outgrown their present facility at I - 40 NC 42 Mr Beasley introduced Mark Gray , Representative of the North Carolina Baptist State Convention and Kelton Hinton , Johnston Baptist Association Director Mr Beasley stated the church is funded and supported by the Southern Baptist Church and the intent is to reach out to the biker community Mr Beasley reported on any given Sunday , they average 40 to 60 motorcycles and the subject site has a large parking area which can accommodate a mix of cars and motorcycles Mr Beasley stated Stephenson Road is a state maintained road and he asked the Board to favorably consider the modification to the permit Commissioner Braswell asked for clarification on how many motorcycles would be attending the facility and at what times Mr Beasley reported there could be as many as 70 motorcycles attending church services ; however , it would only be during the Wednesday evening and Sunday morning services Upon a question from Commissioner DeVan Barbour , Mr Beasley reported the hours of service on Sunday morning would be 10 00 am until 12 00 pm and all the motorcycles are DOT approved , to his knowledge Mr Gray reported based on the findings of facts with the special use conditions , the Planning Board recommended approval of the modification for case 05 - 07 There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 07 Commissioner Jeffrey P Carver asked about the last official traffic count Mr Gray confirmed the last Department of Transportation official count was 570 cars per day in 2005 Decision on Special Use Case 05 - 07 Case 05 - 07 Application to modify the Special Use Permit as follows original permit allows for an auction house Applicant is requesting that the existing buildings also be used for church services Property is located on Stephenson Road SR 1322 approximately ¼ of a mile east of its intersection with Zack’s Mill Road SR 1319 in Pleasant Grove Township Tax ID 13D04096 Applicant CAG Farms Inc Owner Lane Gregory Based on the following findings of facts with special use conditions , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to Applicant CAG Farms Inc to modify a special use permit to allow the existing buildings to also be used for church services on property located on Stephenson Road , approximately one fourth of a mile east of the intersection with Zack’s Mill Road in Pleasant Grove Township Commissioner W Ray Woodall 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 ; Would like to modify the permit to allow church , as well as auction operation This will maintain and promote public health as well as spiritual growth Modification of the Special Use permit with conditions will maintain the public health , safety , and general welfare Page710 May 5 , 2008 – 6 00 pm Continued 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 ; The existing buildings will comply and meet all legal county regulations With the presence of General Business zoning to the north and east of the property , this development will continue to fit well and serve those residents located in the rural residential neighborhood There is intense screening and buffering of the site 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 ; The permit modification will only help to maintain and enhance the value of contiguous property , or that the use or development is a public necessity The addition of a church use at the site will be compatible with existing surrounding land uses The IHI Interstate Highway Interchange District is nearby , and churches are permitted in AR districts with no conditions ; this suggests that the proposed modification of the SUP would be compatible with the neighborhood and the Land Development Code 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 This zoning modification will meet zoning requirements of Johnston County The development of the site will conform to all applicable Land Development Code requirements Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Must comply with any NCDOT required traffic improvements 4 Buffer Maintain existing vegetation 5 Operation hours Auction Gallery , Monday thru Sunday , 8 00 am – 10 00 pm Church Services , Monday thru Sunday , 8 00 am – 10 00 pm there will also be one midnight service conducted annually at Christmastime 6 Signage Incorporate into existing sign 7 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 8 Any lighting features will have to be included in the detailed site plan provided to staff 9 Shelter must be upgraded to commercial codes prior to issuing or recording the Special Use Permit 10 Shelter will be solely used for loading unloading and storage of auction goods ; no sales , auctions , or other such events shall take place at the building until or unless the shelter meets commercial building code and a valid permit is issued by Building Inspections Modifications to the conditions are noted in bold The Chairman opened the Rezoning Hearing for Case 08 - 07 Case 08 - 07 Petition to rezone a 22 acre tract located approximately ¼ of a mile north of the intersection of Buffalo Road SR 1003 and Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential AR to Community Business CB Tax ID 16J03012M Owner Applicant Carolyn B Jones Planning Director Berry Gray stated the petition is to rezone a 22 acre tract located approximately one fourth of a mile north of the intersection of Buffalo Road and Covered Bridge Road in Wilders Township from Agricultural Residential to Community Business Mr Gray reported the property is currently vacant He noted the surrounding zoning consists of Community Business directly adjacent which is also vacant , and Talmadge Farms Subdivision is located to the north with homes currently under construction Mr Gray stated originally , this parcel had a prior zoning designation of Community Business ; however , it was rezoned to Agricultural Residential in 2006 and included with Talmadge Farms He reported the applicant now wishes to rezone this smaller portion to back Community Business in that it was not ultimately included in the subdivision Applicant Carolyn Jones stated the property is family owned and it had been an oversight to rezone the property to Agricultural Residential as part of Talmadge Farms Subdivision Ms Jones requested the Board to rezone the property back to Community Business to be consistent with adjacent property also zoned Community Business Ms Jones offered to answer any questions by the Board Commissioner Allen L Mims , Jr indicated there used to be a store on the property ; however , Ms Jones reported the store has been removed Commissioner Mims inquired as to the availability of sewer Ms Jones reported it is her understanding that a sewer line is located nearby on the church property PagePage pageNumber5711 May 5 , 2008 – 6 00 pm Continued Commissioner Mims recalled that at the Planning Board meeting , the engineer for the project reported if something is constructed on the adjacent property zoned Community Business , then part of the subject site may be utilized for a septic field Mr Gray reported the Planning Board recommended approval of Case 08 - 07 from Agricultural Residential to Community Business There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 07 Decision on Rezoning Case 08 - 07 Case 08 - 07 Petition to rezone a 22 acre tract located approximately ¼ of a mile north of the intersection of Buffalo Road SR 1003 and Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential AR to Community Business CB Tax ID 16J03012M Owner Applicant Carolyn B Jones Commissioner Tony Braswell moved the Board approve rezoning case 08 - 07 , to rezone a 22 acre tract located approximately one fourth of a mile north of the intersection of Buffalo Road and Covered Bridge Road in Wilders Township from Agricultural Residential to Community Business Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 08 - 08 Case 08 - 08 Petition to rezone 21 acres of a 32 acre tract located on Cleveland Road SR 1010 , approximately 1 4 of a mile from the intersection of Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02013 Owner Son - Lan Development Applicant True Line Surveying Planning Director Berry Gray stated the petition is to rezone 21 acres of a 32 acre tract located on Cleveland Road , approximately one fourth of a mile from the intersection of Cornwallis Road in Cleveland Township from Agricultural Residential to General Business Mr Gray reported the rezoning is being requested as part of an adjustment in between the commercial and the residential areas owned by Son - Lan Development He noted the adjacent Langdon Farms Subdivision is currently under construction Mr Gray outlined the property and the surrounding zonings on the zoning map for the Board Sonny Johnson , 341 Sonny Road , Clayton , Son - Lan Development , offered to answer any questions by the Board Mr Gray reported the Planning Board recommended approval of Case 08 - 08 from Agricultural Residential to General Business There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 08 Decision on Rezoning Case 08 - 08 Case 08 - 08 Petition to rezone 21 acres of a 32 acre tract located on Cleveland Road SR 1010 , approximately 1 4 of a mile from the intersection of Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02013 Owner Son - Lan Development Applicant True Line Surveying Commissioner W Ray Woodall moved the Board approve rezoning case 08 - 08 , to rezone 21 acres of a 32 acre tract located on Cleveland Road , approximately one fourth of a mile from the intersection of Cornwallis Road in Cleveland Township from Agricultural Residential to General Business Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 08 - 09 Case 08 - 09 Petition to rezone a 58477 acre tract from Agricultural Residential AR to Industrial - 2 Special Use District I - 2 SUD located at 1199 S Pleasant - Coates Road SR 1324 , which is approximately one mile from the intersection with NC Hwy 50 in Pleasant Grove Township Tax ID 13E05024 Applicant Coates Grading and Hauling Co , Inc Owner Crossroads Development Corp PagePage pageNumber6712 May 5 , 2008 – 6 00 pm Continued Planning Director Berry Gray stated the petition is to rezone a 58477 acre tract from Agricultural Residential to Industrial - 2 Special Use District located at 1199 S Pleasant - Coates Road , which is approximately one mile from the intersection with NC Hwy 50 in Pleasant Grove Township Mr Gray noted the associated special use permit application is to allow for a grading company maintenance facility , trucking and asphalt plant He indicated a large part of the acreage is already located within the Interstate Highway Interchange District zoning overlay which allows for light industrial uses ; however , the requested asphalt plant use does require the Industrial - 2 Special Use District classification Mr Gray stated the surrounding zoning includes some commercial uses at the nearby interchange to the northeast and Agricultural Residential directly across the street The operation would front directly on S Pleasant - Coates Road and is proposed to have two access points ; one off of S Pleasant - Coates Road , and another at NC Hwy 210 and Commercial Parkway Mr Gray indicated a stoplight is planned at the intersection of NC Hwy 210 and Commercial Parkway Mr Gray stated the existing construction and grading operation of Coates Grading and Hauling is located on S Pleasant - Coates Road to the northeast of the subject site Applicant Mike Coates of Coates Grading and Hauling addressed the Board and introduced employees of his company in the audience as well as Environmental Engineer Derr Leonhardt Mr Coates stated his company has been located in the community for over 50 years and he feels they have been an asset , which they hope to continue Mr Coates noted his company performs grading and site work for new school construction , highways , subdivisions , and shopping centers and they have outgrown their current facility Mr Coates informed the Board that in order to remain competitive in the construction industry , they would like to be able to produce their own asphalt and the expansion would create additional jobs for the County Commissioner Wade M Stewart asked Mr Coates to specifically state why the subject site is more advantageous rather than another location Mr Coates stated his existing construction and grading operation is located adjacent to the subject site and they would like to adjoin the current operation He stated they are located approximately eight miles from a rock quarry and noted asphalt is highly dependent on a nearby quarry along with the close proximity to Interstate 40 Mr Coates pointed out the operation would be a hot mix asphalt plant ; therefore , the close proximity to Interstate 40 is important Mr Coates stated they currently own the subject site and he felt they would run into the same concerns by other citizens , if they tried to find another site in another area of the County Commissioner Allen L Mims , Jr , inquired if the property connecting the subject site to NC Hwy 210 was planned as an industrial or commercial park Mr Coates reported the property connecting the subject site to NC Hwy 210 is not planned for an industrial or commercial park He stated Coates Grading owns the property on the left side of the connecting road while McGee Properties owns the right side Mr Coates reported his company has acquired a 60 ft easement that runs all the way to NC Hwy 210 , which they currently use Sonny Johnson , 341 Sonny Road , Clayton , expressed his support for the rezoning , noting Coates Grading and Hauling does a great deal of work for Son - Lan Development and he stated the subject property is a good location for the asphalt plant , due to the close proximity to Interstate 40 Sandra Denmark , 1150 S Pleasant - Coates Road , spoke in opposition to the rezoning request Ms Denmark informed the Board that she lives directly across the road from the subject site Ms Denmark submitted a packet of information to the Board Note Copy of packet was not received by the Clerk for the file Ms Denmark referenced documents in the submitted packet which contained minutes from past Johnston County Board of Commissioners ’ meetings Ms Denmark noted the minutes discussed the Towns of Benson and Four Oaks recently establishing industrial parks which she felt would be more appropriate for an asphalt plant operation Teresa Yates , 119 Lakeside Circle , asked for clarification on why the rezoning is needed Mr Gray explained the rezoning must be approved in order for the special use permit application to be considered Mr Gray pointed out that even if the rezoning is approved , the special use permit along with special conditions would have to be finalized before the operation could begin on the subject site PagePage pageNumber7713 May 5 , 2008 – 6 00 pm Continued Ms Yates stated she has lived in the area for approximately 20 years and she expressed concerns over rezoning the property to an industrial classification Ms Yates stated she did not understand why an industrial use would be appropriate for a residential area and feels it is not needed Jayne Opfer , 5759 Raleigh Road , spoke against the rezoning and stated McGee’s Middle School and McGee’s Elementary School is in the vicinity of the subject property and for that reason , she is opposed to the rezoning Louis Delaine , 1044 S Pleasant - Coates Road , stated he works as a chemist for the Environmental Protection Agency EPA and expressed his concerns over potential carcinogens and other health hazards from the asphalt plant Mr Delaine stated he was opposed to the rezoning Jim Harness , 1017 S Pleasant - Coates Road , spoke in support of the rezoning and stated he did not believe the project would cause any health risks to the surrounding residents Mr Harness noted he lives adjacent to the subject site along with his two children Stacey Stewart , 1001 S Pleasant - Coates Road , informed the Board that he is one of the nearest residents to the subject site and he has no problems with the proposed use of an asphalt plant Mr Stewart indicated he did not foresee a health hazard for the surrounding residents and noted Coates Grading and Hauling has always run an “ A - 1 operation ” Henry Charles Delaine , III , 223 Mills Pond Road , noted his concerns with the proposed use and indicated he lives across the road from the subject site Mr Delaine expressed his concerns over potential health hazards that could be associated with the asphalt plant operation Derr Leonhardt , Environmental Engineer speaking on behalf of the applicant , informed the Board that he was hired by Coates Grading and Hauling to identify potential environmental hazards in order to minimize their impact and ensure Coates Grading and Hauling would construct the asphalt plant in full compliance with environmental regulations Mr Leonhardt acknowledged that asphalt plants have historically had a reputation for pollution ; however , with recent improvements and changes in technology to the control equipment , the EPA has removed asphalt plants from their list of major sources of pollution He reported asphalt facilities are now common place and permitted often Mr Lenhardt noted the State of North Carolina has a series of regulations that Coates Grading and Hauling would have to meet in order to receive permitting Coates Grading and Hauling will be performing a computer simulated impact analysis to determine that any environmental impacts at the property line would be less than the levels the EPA has set for human health and welfare He noted the facility , if constructed , would be operated in such a manner that there would be no environmental impacts to the surrounding residents Mr Leonhardt stated there is a great amount of information circulating on the internet regarding potential carcinogens associated with asphalt plants He stated the carcinogens mentioned in earlier comments by Louis Delaine are the result of the combustion of fuels used at the facility , and those fuels are the same as those used in home heating oil and diesel trucks Mr Leonhardt reiterated the proposed operation would have no environmental impacts on the surrounding community Mr Leonhardt noted there are similar facilities in Johnston County and there have been no complaints received by the Planning staff on those facilities Mr Leonhardt assured the Board that the proposed asphalt plant would be constructed as good as or better than those other facilities Commissioner DeVan Barbour inquired as to how often asphalt plants are inspected and by what agencies Mr Leonhardt reported the EPA sets the standards of performance for hot mix asphalt plants , which are administered by the State of North Carolina He stated the facilities are typically inspected annually ; however , the State does require either quarterly or semi - annual reporting for air quality He noted other ongoing inspections pertaining to surface water , stormwater runoff , groundwater , and waste management are also required Mr Leonhardt reiterated such operations are highly regulated In response to a question from Commissioner Mims , Mr Leonhardt reported he is unaware of any regulatory action regarding reheating asphalt on job sites ; however , he noted Coates Grading and Hauling would like to be located at the subject site in order to be close to job sites and reheating should be unnecessary Harley Drew , 151 Mills Pond Road , spoke in opposition to the rezoning , noting his concerns with traffic and potential pollution PagePage pageNumber8714 May 5 , 2008 – 6 00 pm Continued Jayne Opfer , 5759 Raleigh Road , spoke again and expressed further concerns over traffic issues on NC Hwy 210 Bobby Simpson , 5217 Dutchman Drive , Raleigh , stated he has purchased approximately 11 acres directly across the road from the subject site and his daughter has a house on the property Mr Simpson stated it is his intentions to also move onto the property ; however , he expressed concerns over the proposed asphalt plant Mr Simpson acknowledged the other asphalt plant operations in the County ; however , he stated it is his understanding that those facilities were constructed at a time when surrounding homes were not present Mr Simpson indicated there are wetlands near the subject site and he asked the Board to consider potential pollutants associated with the operation and the effects on the groundwater as well as the surrounding residents Jim Harness , 1017 S Pleasant - Coates Road , spoke again and reiterated that he did not believe Coates Grading and Hauling would intentionally harm the surrounding residents , noting that the parents of Mike Coates also live near the subject site Sandra Denmark , 1150 S Pleasant - Coates Road , addressed the Board again and referenced additional exhibits in the packet of information she previously submitted to the Board Ms Denmark referenced reports pertaining to chemicals and environmental health hazards associated with other asphalt plants located in Avery and Mitchell Counties in North Carolina Louis Delaine , 1044 S Pleasant - Coates Road , spoke again and asked the Board to consider the potential health hazards that could impact the senior residents in the area Russell Byrd , 1267 White Memorial Church Road , stated he has worked for Coates Grading and Hauling since 1985 and he indicated the rezoning is being requested in order to create jobs and help improve the community Teresa Yates , 119 Lakeside Circle , spoke again and asked the Board not to rezone the property to an industrial classification Danny Thompson , 1104 S Pleasant - Coates Road , informed the Board that he is one of the closest property owners to the subject site Mr Thompson stated he has visited the site of the Princeton asphalt plant and has spoken with some of the surrounding property owners there , trying to determine if there are any potential impacts Mr Thompson stated he met with Mr Deacon Jones , who owns property near the Princeton asphalt plant , and Mr Jones indicated other than occasional noise , the Princeton plant had not impacted the surrounding properties and they have seen no groundwater contamination Based on his research , Mr Thompson reported he has no problems with the asphalt plant and he is in favor of the rezoning Mr Thompson stated he also would like for the Board to approve Coates Grading and Hauling to be allowed to use the access point on S Pleasant - Coates Road in order to avoid more traffic on NC Hwy 210 Mr Gray reported the Planning Board recommended approval of Case 08 - 09 from Agricultural Residential to Industrial - 2 Special Use District There being no further comments , the Chairman recessed the Rezoning Hearing for Case 08 - 09 Decision on Rezoning Case 08 - 09 Case 08 - 09 Petition to rezone a 58477 acre tract from Agricultural Residential AR to Industrial - 2 Special Use District I - 2 SUD located at 1199 S Pleasant - Coates Road SR 1324 , which is approximately one mile from the intersection with NC Hwy 50 in Pleasant Grove Township Tax ID 13E05024 Applicant Coates Grading and Hauling Co , Inc Owner Crossroads Development Corp Commissioner Wade M Stewart moved the Board approve rezoning case 08 - 09 , to rezone a 58477 acre tract from Agricultural Residential to Industrial - 2 Special Use District located at 1199 S Pleasant - Coates Road , which is approximately one mile from the intersection with NC Hwy 50 in Pleasant Grove Township Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , Allen L Mims , Jr , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays Commissioner W Ray WoodallPagePage pageNumber9715 May 5 , 2008 – 6 00 pm Continued The Chairman reopened the Special Use Hearing for Case 08 - 09 Case 08 - 09 Application to allow for a grading company maintenance facility , trucking and asphalt plant Applicant Coates Grading and Hauling Co , Inc Owner Crossroads Development Corp Those wishing to speak on Special Use Case 08 - 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 grading company maintenance facility , trucking and asphalt plant Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 08 - 09 on January 29 , 2008 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 March 18 , 2008 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 08 - 09 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Gathers , carried by a vote of 8 - 0 with Mr DeLaine abstaining , the Planning Board voted to recommend approval of the Special Use Permit request , Case 08 - 09 , based on the following findings of fact and subject to the following special conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant No residential properties adjoin the subject property Access designed to promote the public safety and welfare Staff In an effort to promote the public health , safety and general welfare , fencing and gates are proposed to be installed All permits will be adhered to 2 That the use or 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 Proposed use will comply with all regulations Staff The intent of the I - 2 district is to provide for public and private heavy industrial uses A hot mix asphalt plant is in accordance with the intent of the I - 2 district Appropriate measures , such as using efficient , environmentally friendly equipment , will be taken to minimize emissions of smoke , dust , fumes , noise , and vibrations resulting from such industrial activities 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 Buffers provided along perimeter to ensure blending with adjoining rural properties and future development Staff The adjacent property to the east is currently being utilized by applicant as a shop office material storage yard for Coates Grading and Transport Therefore , this will be an expansion of the existing facility Hot mix asphalt plant s are necessary for the public’s road system The current site is heavily wooded and buffered from any incompatible uses such as agricultural residential 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 Use will comply with all land development codes Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions Page0716 May 5 , 2008 – 6 00 pm Continued 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Must obtain commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of at least a Class C buffer along the road frontage and northeastern property line 3 large trees , 6 small trees , and 12 shrubs every 100 linear feet A natural vegetative buffer may be used in lieu of the Class C buffer if it is equally intense 5 All buildings on site must meet NC Commercial Building Codes 6 A stormwater management plan must be submitted in accordance with the Johnston County Stormwater Ordinance 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Signage must comply with Sign Code 9 Hours of operation will be Monday thru Saturday , 24 hours a day 10 The gates at each access point will be closed after hours to prevent thru traffic although hours of operation are listed as 24 hours a day , on a typical day the plant would operate from 4 am to 7 pm 11 All trucks , other than Coates owned or controlled , must access ingress and egress the site using the primary access on NC Hwy 210 Commercial Parkway Coates owned controlled trucks may access the site from the secondary access point on S Pleasant Coates Road between the hours of 4 am and 7 pm , Monday through Saturday Mr Gray listed and reviewed each of the special use conditions with the Board Commissioner Jeffrey P Carver questioned special conditions # 9 and # 11 regarding the 24 - hours a day operation versus the hours that Coates owned controlled trucks can access the site from the secondary access point on S Pleasant - Coates Road Commissioner Carver indicated it may be difficult to properly control limiting the access on S Pleasant - Coates Road Mr Gray reported special condition # 9 to allow the operation to run 24 hours a day was requested by the applicant so they would be allowed to access the site at any time ; however , it was agreed that the secondary access point on S Pleasant - Coates Road would be locked in the off hours Sandra Denmark , 1150 S Pleasant - Coates Road , referenced a petition of opposition previously submitted to the Board , containing 86 signatures Ms Denmark stated she had other petitions in circulation ; however , they were stolen Ms Denmark expressed her disappointment at the Board’s decision to approve the rezoning Bobby Simpson , 5217 Dutchman Drive , Raleigh , stated he was opposed to the secondary access point on S Pleasant - Coates Road by asphalt trucks Mr Simpson expressed his concerns over traffic specifically on S Pleasant - Coates Road along with the associated noise from the plant and the asphalt trucks , declining property values , and the quality of life for the surrounding residents Ms Simpson also expressed concern over the plant being allowed to operate 24 hours a day and asked what kind of control measures would be put into place to ensure that only Coates owned controlled trucks would be allowed to use the secondary access on S Pleasant - Coates Road Applicant Mike Coates of Coates Grading and Hauling Co , Inc , offered to answer any questions by the Board Commissioner Allen L Mims , Jr stated it was his understanding that all the issues with the surrounding residents had been addressed at the Planning Board meeting and asked what had happened since that time Mr Coates commented he was unsure as to what had happened since the Planning Board meeting regarding the discussions with the surrounding residents He acknowledged Ms Denmark had left the Planning Board meeting ; however , he stated her father , Mr Simpson , was in agreement with allowing Coates owned trucks to use the secondary access on S Pleasant - Coates Road Mr Coates noted his construction and grading trucks already use S Pleasant - Coates Road and have for the last 50 years He stated they have received no complaints from the existing trucks using S Pleasant - Coates Road to date In response to a question from Commissioner Carver , Mr Coates stated he was unsure how many additional truck trips per day would be associated with the asphalt operation Commissioner Wade M Stewart commented it was his understanding that asphalt plants operate on an as needed basis , according to jobs , and may not operate 24 hours a day all the time Mr Coates reported Coates Grading and Hauling would like to construct the plant for a maximum capacity of 300 tons per hour , and a typical truck would haul 20 tons per load He noted on a typical day , the plant would need to begin operating a couple of hours before the trucks begin running Mr Coates stated thePage1717 May 5 , 2008 – 6 00 pm Continued trucks would not begin running until 7 00 am He stated they would like for the secondary access on S Pleasant - Coates Road to be open at 4 00 am to allow for the arrival of Coates employees Commissioner Stewart noted the difficulties the Board faces when trying to accommodate both the residents and the applicants Commissioner Stewart referenced a situation in Johnston County on Devil’s Racetrack Road for a sand and gravel operation and stated problems began when the operation was scheduled to open at 5 30 am ; however , trucks began to line up at 4 00 am and the noise from the jake - breaks on the trucks became a disturbance to the surrounding neighbors Commissioner Stewart stated he has heard many complaints from residents on Devil’s Racetrack Road that the Board did not specifically require a less intrusive route for the trucks so as to minimize the disturbance for the residents Commissioner Stewart stated he considers NC Hwy 210 to be more of a commercial highway and he understands the Department of Transportation intends to install a traffic light , which would be greatly needed Commissioner Stewart expressed concern over the lack of traffic lights on S Pleasant - Coates Road , commenting on the potential safety hazards and possible accidents that may occur Commissioner Stewart indicated he would like for there to be no secondary access by the asphalt trucks on S Pleasant - Coates Road and that they only be allowed to use the access point off NC Hwy 210 Commissioner Stewart asked Mr Coates if the asphalt plant would still be useful to Coates Grading , if the secondary access on S Pleasant - Coates Road is denied Mr Coates stated the subject site would still be of use to Coates Grading and Hauling for the asphalt plant , even without the secondary access on S Pleasant - Coates Road Commissioner Tony Braswell inquired as to the number of trucks currently at Coates Grading and Hauling Mr Coates responded his operation currently maintains 12 trucks Commissioner DeVan Barbour asked what percentage of the asphalt plant would be utilized solely for Coates Grading and Hauling construction work versus outside customers purchasing asphalt Mr Coates reported most of the asphalt produced at the plant would be used by Coates Grading and Hauling ; however , he indicated they would sell to other customers or the Department of Transportation Commissioner Stewart noted his concerns with the hours of operation and stated there are approximately 40 dwellings on S Pleasant - Coates Road to the intersection with NC Hwy 50 who would be disturbed by noise from the trucks Mr Coates stated his company would be satisfied with fewer hours ; however , he asked the Board not to limit the secondary access from S Pleasant - Coates Road Mr Coates stated it is not their intention to run trucks on S Pleasant - Coates Road at 4 00 am using jake - breaks and disturbing the residents Commissioner Carver inquired as to the current number of trips per day by Coates Grading and Hauling trucks on S Pleasant - Coates Road Mr Coates reported currently , there are less than 20 trips per day on S Pleasant - Coates Road Mr Coates stated they would like to be good neighbors to the surrounding property owners Commissioner Carver reminded everyone that the rezoning has been approved and the Board now needed to finalize the details of the special conditions in order to minimize the impacts on the surrounding property owners Commissioner Mims noted approximately 60 of the property is located within the Interstate Highway Interchange District overlay and there are a number of commercial and industrial uses that would be allowed in the overlay , some of which would require large trucks Commissioner Mims stated he felt there is a need for operations such as Coates Grading and Hauling and the asphalt plant and he felt it important to now reach an agreement on the secondary access point Commissioner Braswell inquired about the agreement that was reached by Coates Grading and Hauling with the surrounding property owners at the Planning Board meeting Sandra Denmark stated at the Planning Board meeting , it was her understanding that the Planning Board had tabled the rezoning and the meeting between Coates Grading and Hauling and the property owners was held in the hallway Ms Denmark informed the Board that the discussions in the hallway deteriorated and she left ,Page2718 May 5 , 2008 – 6 00 pm Continued thinking the rezoning was tabled until next month Ms Denmark asked the Board not to allow access by the asphalt trucks on S Pleasant - Coates Road Bobby Simpson , 5217 Dutchman Drive , Raleigh , stated he also was under the impression that the rezoning had been tabled at the Planning Board meeting Mr Simpson expressed further concerns on allowing the asphalt trucks to utilize S Pleasant - Coates Road Mr Gray reported based on the findings of facts with the special use conditions , the Planning Board recommended approval of the special use application for case 08 - 09 The Chairman recessed the Special Use Hearing for Case 08 - 09 ; however , upon further questions by Commissioners DeVan Barbour and Jeffrey P Carver , the Chairman reopened the Special Use hearing Commissioner Barbour asked for more information on which trucks are currently allowed to use the access on S Pleasant - Coates Road Mr Coates reported his construction and grading operation currently utilizes S Pleasant - Coates Road and he also wishes for his asphalt trucks to utilize the same access He noted the difficulties in trying to use the access point on NC Hwy 210 at certain times , due to traffic congestion Commissioner Barbour noted his concerns with allowing the asphalt trucks to utilize S Pleasant - Coates Road Commissioner Stewart stated he would like to see the asphalt trucks use the access on NC Hwy 210 ; however , he indicated S Pleasant - Coates Road could still be used for Coates owned controlled construction and grading trucks Commissioner Carver noted the special use permit could be modified in the future , if problems begin to arise Commissioner Carver stated Coates Grading and Hauling has been utilizing the access point on S Pleasant - Coates Road for years for the construction and grading operation , with no complaints Commissioner Braswell stated he believed the concerns of the residents are the additional trucks that would be associated with the asphalt plant Commissioner Braswell also noted the difficulties in trying to control the access points by Coates owned controlled trucks versus other customer trucks Commissioner W Ray Woodall expressed his concerns over the surrounding property owners and stated in his past personal business experience , he had made accommodations for his neighboring residents to minimize disturbances In response to Commissioner Barbour , Mr Coates stated he anticipates 90 of the asphalt trucks to utilize the access from NC Hwy 210 ; however , the secondary access from S Pleasant - Coates Road may be used during certain times of heavy traffic on NC Hwy 210 Mr Coates stated he would be agreeable to changing the hours for use on the S Pleasant - Coates Road access Sandra Denmark asked the Board to not allow Coates Grading and Hauling to use the access on S Pleasant - Coates Road Bobby Simpson stated the residents do not want the asphalt trucks to utilize S Pleasant - Coates Road Commissioner Stewart stated the Coates construction and grading trucks have utilized S Pleasant - Coates Road over the years and he does not wish to take that away from the company ; however , he felt the issue was about limiting the increased traffic flow created by the asphalt trucks Bobby Simpson agreed that Coates Grading and Hauling should be allowed to use S Pleasant - Coates Road for the existing trucks , as they have been doing , but not for the asphalt trucks Jayne Opfer , 5759 Raleigh Road , came forward to address the Board ; however , Ms Opfer was not sworn in ; therefore , her comments are not included in the minutes Page3719 May 5 , 2008 – 6 00 pm Continued At the inquiry of Commissioner Mims , Planning Director Berry Gray reported the Planning staff has had preliminary discussions with the Department of Transportation , and a traffic signal is planned on NC Hwy 210 ; however , no improvements were mentioned for S Pleasant - Coates Road in the preliminary discussions There being no further comments , the Chairman recessed the Special Use Hearing for Case 08 - 09 First Motion Based on the findings of facts and the revised special use conditions , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to Applicant Coates Grading and Hauling Co , Inc to allow for a grading company maintenance facility , trucking and asphalt plant on a 58477 acre tract located at 1199 S Pleasant - Coates Road , which is approximately one mile from the intersection with NC Hwy 50 in Pleasant Grove Township Commissioner Stewart proposed the special conditions be revised to include the following changes • Delete the original condition # 10 in its entirety ; and replace with the following new text “ All trucks must access ingress and egress the site using the primary access on NC Hwy 210 Commercial Parkway • Revise condition # 11 to state “ No access point to the asphalt plant off S Pleasant - Coates Road ” Commissioner DeVan Barbour seconded the motion County Attorney Mark Payne stated as he understands , the motion would be silent as to the use of the secondary access on S Pleasant - Coates Road by Coates Grading and Hauling for the construction and grading business use Amended Motion – Second Withdrawn ; Amended Motion Failed for Lack of a Second After further discussion , Commissioner Stewart amended his motion and proposed the following language for the special conditions • Delete the original condition # 10 in its entirety and replace with the following text for a new condition # 10 to state “ All trucks other than Coates owned must access ingress and egress the site using the primary access on NC Hwy 210 Commercial Parkway Coates owned trucks may use S Pleasant - Coates Road between the hours of 4 am and 7 pm , Monday through Saturday ” ; • Revise condition # 11 to state “ No new access point to the asphalt plant off S Pleasant - Coates Road ” ; • Add condition # 12 to state “ There will be no access to the asphalt plant off S Pleasant Coates Road by any trucks other than Coates owned trucks ” Commissioner Barbour withdrew his second After further discussion , the motion failed for lack of a second Second Motion and Decision on Special Use Case 08 - 09 Case 08 - 09 Application to allow for a grading company maintenance facility , trucking and asphalt plant Applicant Coates Grading and Hauling Co , Inc Owner Crossroads Development Corp Based on the following findings of facts and the revised special use conditions , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Applicant Coates Grading and Hauling Co , Inc to allow for a grading company maintenance facility , trucking and asphalt plant on a 58477 acre tract located at 1199 S Pleasant - Coates Road , which is approximately one mile from the intersection with NC Hwy 50 in Pleasant Grove Township Commissioner Mims proposed the original special conditions # 10 and # 11 be deleted and replaced with the following language for a new special condition # 10 to state “ all trucks containing asphalt and non - Coates owned trucks will access the site ingress and egress off NC Hwy 210 Commercial Parkway Coates owned trucks and their employees can use S Pleasant - Coates Road at the proposed new access between the hours of 7 am and 6 pm , with controlled access gate ” Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Page4720 May 5 , 2008 – 6 00 pm Continued Ayes Commissioners Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , DeVan Barbour , W Ray Woodall , and Tony Braswell Nays Commissioner Wade M Stewart 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 ; No residential properties adjoin the subject property Access designed to promote the public safety and welfare In an effort to promote the public health , safety and general welfare , fencing and gates are proposed to be installed All permits will be adhered to 2 That the use or 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 ; Proposed use will comply with all regulations The intent of the I - 2 district is to provide for public and private heavy industrial uses A hot mix asphalt plant is in accordance with the intent of the I - 2 district Appropriate measures , such as using efficient , environmentally friendly equipment , will be taken to minimize emissions of smoke , dust , fumes , noise , and vibrations resulting from such industrial activities 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 ; Buffers provided along perimeter to ensure blending with adjoining rural properties and future development The adjacent property to the east is currently being utilized by applicant as a shop office material storage yard for Coates Grading and Transport Therefore , this will be an expansion of the existing facility Hot mix asphalt plant s are necessary for the public’s road system The current site is heavily wooded and buffered from any incompatible uses such as agricultural residential 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 Use will comply with all land development codes Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 Must obtain commercial driveway permit from NCDOT and comply with any traffic improvements as required by NCDOT 4 Installation of at least a Class C buffer along the road frontage and northeastern property line 3 large trees , 6 small trees , and 12 shrubs every 100 linear feet A natural vegetative buffer may be used in lieu of the Class C buffer if it is equally intense 5 All buildings on site must meet NC Commercial Building Codes 6 A stormwater management plan must be submitted in accordance with the Johnston County Stormwater Ordinance 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Signage must comply with Sign Code 9 Hours of operation will be Monday thru Saturday , 24 hours a day 10 All trucks containing asphalt and non - Coates owned trucks will access the site ingress and egress off NC Hwy 210 Commercial Parkway Coates owned trucks and their employees can use S Pleasant - Coates Road at the proposed new access between the hours of 7 am and 6 pm , with controlled access gate The Chairman reopened the Rezoning Hearing for Case 08 - 10 Case 08 - 10 Petition to rezone a 254 acre tract located at 14766 NC Hwy 50 N near the intersection with Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 06D02006D Owner William Higgins Applicant Tim Higgins Planning Director Berry Gray stated the petition is to rezone a 254 acre tract located at 14766 NC Hwy 50 N near the intersection with Old Drug Store Road in Cleveland Township from Agricultural Residential to Community Business - Special Use District Mr Gray noted the special use permit application associated with the rezoning request is to allow for a small car lot Applicant Tim Higgins asked the Board to favorably consider the rezoning request in order to have a small car dealership Mr Gray reported the Planning Board recommended approval of Case 08 - 10 from Agricultural Residential to Community Business - Special Use District Page5721 May 5 , 2008 – 6 00 pm Continued There being no further comments , the Chairman closed the Rezoning Hearing for Case 08 - 10 In response to a question from Commissioner Allen L Mims , Jr , Mr Gray reported the dwelling would have to be brought into compliance for handicap access through the building inspections process Decision on Rezoning Case 08 - 10 Case 08 - 10 Petition to rezone a 254 acre tract located at 14766 NC Hwy 50 N near the intersection with Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 06D02006D Owner William Higgins Applicant Tim Higgins Commissioner W Ray Woodall moved the Board approve rezoning case 08 - 10 , to rezone a 254 acre tract located at 14766 NC Hwy 50 N near the intersection with Old Drug Store Road in Cleveland Township from Agricultural Residential to Community Business - Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 08 - 10 Case 08 - 10 Application to allow for the operation of an automobile sales business and associated detailing