June 4, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 244 Meeting of the Johnston County Board of Commissioners Note Due to the large number of people who attended this meeting , the location was moved to Courtroom # 4 , also known as the Old Superior Courtroom in Building A of the Johnston County Courthouse , Smithfield , North Carolina Signs notifying the public of the change in location were posted on the door of the Johnston County Commissioners Chambers , throughout the Johnston County Courthouse , as well as the door of Courtroom # 4 Further , County staff was on - hand to direct citizens to the meeting location June 4 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 4 , 2007 at 6 00 pm in Courtroom # 4 , also known as the Old Superior Courtroom in the Johnston County Courthouse Building A , 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 Presentation – Resolution of Congratulations to the 2007 Princeton High School Baseball Team Chairman Cookie Pope recognized and congratulated the 2007 Princeton High School Baseball Team on their recent 1 - A State Baseball Championship The Chairman also recognized Team Coach Bruce Procter , Athletic Director Al Musgrave , Princeton Mayor Don Rains , and Princeton High School Principal Kirk Denning On behalf of the Board of Commissioners , Chairman Pope presented to the team members a plaque and read the following Resolution of Congratulations RESOLUTION OF CONGRATULATIONS FOR THE 2007 PRINCETON HIGH SCHOOL BASEBALL TEAM Whereas , Princeton High School has a great tradition of outstanding academic and athletic achievements ; and Whereas , Princeton High School’s baseball team advanced to the 1 - A State Baseball Championship Series this past weekend as the Eastern North Carolina champions ; and Whereas , The team represented themselves , their school , community and the entire county with outstanding play and sportsmanship ; and Whereas , Princeton won the best of three series and won the 1 - A State Baseball Championship Now , Therefore , the Johnston County Board of Commissioners does hereby join the entire county in congratulating the 2007 Princeton High School baseball team on their 1 - A State Baseball Championship , and wishing them all the best in their future endeavors Resolved this 4th day of June , 2007 Chairman Pope then asked for each team member present to stand and state their name and position on the team Chairman Pope thanked the team for coming to the meeting 2 Public Comments A Citizen Concern – Communication Between Developers Residents and Setting Aside Open Spaces Steve Templeton , 105 Kings Court , Garner , Creekside Place Subdivision , stated he has been a resident of Johnston County since 1999 Mr Templeton went on to say he was aware of the topics being discussed at the meeting regarding the pros and cons of the various rezonings and he knew the Board would be making decisions that would be followed by results However , Mr Templeton noted in the business world , the process is considered separately and he wanted to share two points with the Board he believed to be relevant to that process Page245 June 4 , 2007 - 6 00 pm Continued Mr Templeton stated the first point was communication and input and noted not too many years ago , western Johnston County was sparsely populated He stated developers did not have to go very far to seek input from neighbors because there were not very many neighbors to begin with The developers proposed their development plans , received approvals from the Planning Board and the Commissioners and moved ahead with construction Mr Templeton stated times have since changed and now there are large developments being constructed that are backing up against these neighbors He felt when developers do not get the input and buy in from the neighbors , the developers receive opposition to the new developments Mr Templeton stated that business practices needed to change , given the environment we live in He noted the Board of Commissioners needed to send a message to the developers to work with the neighbors to settle on an idea before these meetings take place He stated if this communication does not happen , he was afraid more of these meetings will take place Mr Templeton stated the second point was the fear of the unknown He noted many times the average citizen , not associated with the real estate industry , is not often excited about the next development being proposed Mr Templeton felt often all the citizens see is more congestion associated with the growth He stated eventually the roads to support the development would come , but often the citizens only see every last open acre being constructed upon Mr Templeton informed the Board if the County were to preserve some farmlands or greenways , then the citizens might be less fearful and less likely to oppose new development He finally stated that with quality of life , open space is an important part of the infrastructure 3 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – May 25 and 29 , 2007 Certified letters were mailed to adjoining property owners on May 24 , 2007 Notices were posted at the locations on March 7 , 2007 for Case 07 - 4 , and April 4 , 2007 for Cases 07 - 7 , 07 - 8 , 07 - 9 , 07 - 10 , 07 - 11 , and 07 - 12 The Chairman opened the Rezoning Hearing for Case 07 - 4 Case 07 - 4 Petition to rezone 15424 acres of a 6159 tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D02005 Owner Applicant Son - Lan Development Berry Gray , Assistant Planning and Zoning Director , stated this was a petition to rezone 15424 acres of a 6159 acre tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business He noted this petition was brought to the Board at the rezoning meeting last month and the Board tabled the discussion to allow the applicant time to gather more information on the realignment of Old Drug Store Road and NC Hwy 50 Mr Gray referenced a fax copy of a letter from Mr TM Little , PE , District Engineer with the North Carolina Department of Transportation dated June 4 , 2007 that was provided to the Board stating that the Department of Transportation is working with the applicant on that realignment project Commissioner Wade M Stewart asked Mr Gray in his opinion , what did “ working with ” mean Commissioner Stewart asked for clarification if the letter implied the DOT is in receipt of the request or is the DOT actually going to do something positive in respect to the realignment Mr Gray replied he felt “ working with ” meant the DOT is in the process of talking with the applicant and nothing had been approved or finalized Curk Lane of True Line Surveying , addressed the Board as a representative for the applicant Mr Lane stated the Commissioners were in receipt of a site plan showing the rezoning as a part of an overall residential and commercial business project that has a residential application to buffer in between the proposed rezoning for General Business from the existing residential neighborhood Mr Lane further explained that Son - Lan is in fact working with the Department of Transportation He noted the DOT has sent a subcontractor , Mr Steve Sanderson , PE , to review materials for the design of the realignment plans Mr Lane stated a preliminary design has been completed as well as some preliminary engineering Mr Lane informed the Board that the preliminary design is awaiting approval Once that preliminary design is approved , then final design can begin whereupon the smaller details will be worked out Mr Lane stated the grand scheme is to realign the intersection of Old Drug Store Road further north of NC Hwy 50 to get far enough away from the bridge and possibly up the hill to increase the site distance and storage room in order to have a turn lane application He noted that this would allow for a much safer intersection Mr Lane stated he would be happy to answer questions from the technical side of the development Commissioner Stewart stated his concern has been more with the road realignment instead of the actual rezoning of the property He noted that either way , the road needed realignment as well as turn lanes on NC Hwy 50 and he did not feel he had any assurances yet , other than the realignment is awaiting approval from thePage246 June 4 , 2007 - 6 00 pm Continued Department of Transportation Commissioner Stewart went on to say he does not feel comfortable and expressed that possibly the consideration of this rezoning is a month or so early He recognized this item has been tabled one time before , but he wanted some assurances that the road realignment would happen and would be approved by DOT Mr Lane stated he could not give the Commissioners any assurances on behalf of the Department of Transportation and noted the DOT moves at their own pace and Son - Lan must simply move with them Mr Lane further stated that anytime Son - Lan would be submitting either a driveway plan or a street application plan in connection with this development to the technical review committee of DOT , those applications must be consistent with what is approved by the DOT for the road realignment Mr Lane clarified the DOT would not approve any type of driveway plan or street application plan under the current alignment of Old Drug Store Road and NC Hwy 50 He noted the DOT would only give an approval for a project based on the approved design of the road realignment Commissioner Allen L Mims , Jr , stated the Board had tabled this case last month without hearing from those people who are either opposed or are in support of the rezoning Commissioner Jeffrey P Carver noted the road realignment is still a major concern for everyone and stated that may not change Mr Lane stated the road realignment is actually in connection with another tract of land located across from NC Hwy 50 ; however , he noted the realignment will give the new development the entry point into the neighborhood Mr Lane outlined for the Board how the traffic flow would come out on to the intersection of Hwy 50 and Old Drug Store Road and stated hopefully the realignment would provide for a much safer environment Chairman Cookie Pope called on the applicant , Mr Sonny Johnson of Son - Lan Development to address the Board Sonny Johnson , Son - Lan Development , 341 Sonny Road , Clayton , stated in regards to Commissioner Stewart’s earlier comments , if the Board wanted to table the matter if they felt they still did not have enough assurances from Mr Tim Little’s letter , he had no problem with that Mr Johnson stated he had spoken with a few commissioners regarding this rezoning request of a straight General Business use and noted this was a big issue Mr Johnson informed the Board the only reason Son - Lan needs the General Business use is so they can have a mini - storage facility However , he stated mini - storage would be allowed under General Business – Special Use District and that would be acceptable to him Mr Johnson informed the Board that really , Community Business would be a better classification , but it does not allow for mini - storage Mr Johnson stated whether or not the Board approves the request tonight or a month from now , he felt that General Business – Special Use District is probably the more acceptable use Commissioner Mims asked for clarification that Community Business would not allow for mini - storage and also he wanted to make sure he understood mini - storage could be allowed under General Business – Special Use Mr Johnson replied this was correct that in order to have the mini - storage , the property would have to be rezoned to General Business – Special Use District Mr Johnson noted the Planning Board had recommended denial of the straight General Business rezoning and recommended General Business – Special Use would be more appropriate Mr Johnson asked Berry Gray to confirm this recommendation of the Planning Board Berry Gray stated the Planning Board did have concerns with the straight General Business classification due to the uses that could be allowed and gave an overview of those uses Commissioner Stewart reiterated the clarification that under Community Business , mini storage would not be allowed ; however , under General Business – Special Use District mini - storage could be allowed Commissioner Stewart asked Mr Johnson did he understand correctly that Son - Lan Development was at a point where General Business – Special Use District would be acceptable Mr Johnson stated this was acceptable Chairman Pope asked were there any other questions or comments and asked the citizens who were with larger groups that wanted to speak to perhaps appoint a spokesperson and then have a show of hands regarding support or opposition By a show of hands , approximately 30 people showed their opposition to this rezoning James B Fuller , 133 Leach Drive , Garner , in Creekside Subdivision , came forward and submitted a petition of opposition that contained 179 signatures Mr Fuller stated he would like to speak to the BoardPage247 June 4 , 2007 - 6 00 pm Continued concerning why this rezoning is not a good idea and submitted pictures of the area Mr Fuller stated within a 4 mile radius of the site , there were already three general areas containing businesses such as Middle Creek Commons , Lowe’s Food , a bank , and 20,000 square feet of available space He further noted that on Old Drug Store Road , there are approximately 30 vacancies for businesses and indicated those vacancies on the photographs Mr Fuller stated there is also land available at the I - 40 NC 42 area for businesses Mr Fuller felt additional development would bring more traffic , more congestion and bottlenecking at Middle Creek Bridge Mr Fuller was concerned if more commercial development occurs and fails , then the area would have more eyesores , more vacant businesses , and increased criminal activity Commissioner Tony Braswell asked Mr Fuller if the number of people he was representing were opposed to the rezoning in general , or would a special use be acceptable Mr Fuller replied the way the petition is currently written is for any commercial use He noted that whether the rezoning is General Business or General Business – Special Use District , he would like to make sure everyone is clear on the definitions of those classifications , but reiterated the petition was currently written for commercial use In response to a question from Commissioner Mims , Mr Fuller stated he lived in Creekside Subdivision Chairman Pope asked did the majority of the signatures on the petition submitted by Mr Fuller live in Creekside Subdivision Mr Fuller clarified the signatures are from the area that covers Middle Creek and noted it was not just Creekside He stated this area also included Drayton Downs , Tara Plantation , Chadbourne , and more houses in between Steve Templeton , 105 Kings Court , Garner , Creekside Place Subdivision , stated he would like to add more detail to the concerns , one of those being traffic Mr Templeton stated if turn lanes were added and the intersection was realigned , the neighbors would certainly approve of those improvements Mr Templeton informed the Board that when you look at the traffic flow at this area , you cannot discount the bridge He stated Middle Creek Commons is a development that has good four - way access along with good visibility of center and views this development as a success However , Mr Templeton noted that when you look at the rezoning site , there are three access points and the third point is a bottleneck coming across the bridge Mr Templeton was also concerned about the type of strip development this rezoning might draw to the area He noted another upcoming rezoning case involving a development on the other side of the road that is proposed for a concrete business Mr Templeton stated he liked mixed use , if it is done right ; however , the neighbors have not been made aware of any type of improvements such as sidewalks in the neighborhood , and it he felt it would basically create more traffic on the inside of the subdivision Mr Templeton informed the Board he did not see this project as a good fit Joy Jones , 116 Shenstone Lane , Willow Springs , in Drayton Downs Subdivision , stated she was at the meeting against the rezoning Ms Jones informed the Board she had attended the recent Planning Board meetings and wanted to note the applicant is requesting both sides of the intersection be rezoned commercial Ms Jones stated she is concerned about mini - storage facilities and felt the area already has enough mini - storage facilities She further stated that one mile south there have already been three rezonings to commercial , and one of those rezonings was owned by Son Lan Ms Jones noted she is all for mixed use development , but it was getting increasingly harder to exit her subdivision She was aware of accidents that occur on a regular basis and noted there was going to be well over 10,000 cars per day on Old Drug Store Road alone next year Ms Jones referenced a document she stated Commissioners Stewart and Mims were involved with last fall regarding growth proposition and noted that she did not see anywhere in the document where it supports such commercial development in the area Ms Jones expressed concerns regarding permitting for the wetlands associated with Middle Creek and noted the creek used to have a protected mussel Ms Jones asked if the applicant had approached the Corps of Engineers and would the buffer requirements be met Ms Jones stated she is concerned with nutrient loading and understood the Neuse River to be one of the worst in the country and stated this development would impact the Neuse River Ms Jones informed the Board it is important to plan for growth in the area and she would like to see it planned so that cars can get in and out as well as the Sheriff’s Office and rescue personnel Ms Jones stated as it stands now , as long as there is nothing illegal about a proposed subdivision , the Planning Board approves these subdivisions and the Commissioners are unaware Ms Jones asked for the Board to spend a few minutes and drive around the I - 40 NC 42 area as well as the McGee’s Crossroads area and take notice of the subdivisions under construction Lola Stephenson Delbridge , 400 Forest Hill Drive , Goldsboro , informed the Board that she grew up on a farm bordering Middle Creek on the south side and asked when is enough going to be enough Ms Delbridge voiced her concerns regarding having adequate schools and safe traffic She further stated traffic on Old Drug Store Road , Cornwallis Road , and NC Hwy 50 are becoming nightmares Ms Delbridge noted that on May 20 ,PagePage pageNumber5248 June 4 , 2007 - 6 00 pm Continued 2007 she could not get into her driveway due to a wreck She further noted she cannot imagine the increased traffic with all the development that is planned and asked the Board to deny this rezoning Berry Gray , Assistant Planning and Zoning Director stated the Planning Board recommended denial of the General Business use There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 4 Decision on Rezoning Case 07 - 4 Case 07 - 4 Petition to rezone 15424 acres of a 6159 tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D02005 Owner Applicant Son - Lan Development Commissioner Jeffrey P Carver stated his opinion had not changed since the meeting in May and noted the concerns from that meeting included the traffic on the bridge Commissioner Carver further stated he felt community business was something that the community had requested previously ; however , that was not what he had heard tonight Commissioner Carver stated he did not believe the road realignment changes would affect the time frame of when the aging bridge would be replaced by the Department of Transportation Commissioner Wade M Stewart noted next month the Board would be hearing a request for a Wal - Mart at I - 40 NC 42 and it will cause greater congestion Commissioner Stewart reminded the Board of the need to be consistent if an outcry is heard from the citizens in the area around the proposed Wal - Mart site Commissioner Carver stated the area of the proposed Wal - Mart was a general overlay district and noted this rezoning is outside that transition zone Commissioner Stewart stated his concern was strictly about congestion and the outcry from the public Upon a question from Commissioner Allen L Mims , Jr , regarding how many lots were in the proposed subdivision that would wrap around the commercial development , Berry Gray replied it was somewhere in between 20 and 30 lots and noted that these lots in addition to the currently established Creekside lots would require a secondary access as an emergency access , based on the current Land Development Code Commissioner Mims noted if the secondary access was only required for emergency access , then basically the realignment of the intersection of Old Drug Store Road would have to occur anyway Commissioner Mims went on to say that he sits on the Planning Board and noted the Planning Board did not receive the information concerning the realignment He reiterated that restrictions cannot be placed on a straight rezoning , but could on a special use ; however , Commissioner Mims stated he believed the neighbors feel like they already have enough development in the area and do not want anymore Motion and Vote Commissioner Allen L Mims , Jr moved the Board deny Case 07 - 4 to rezone 15424 acres of a 6159 tract located at the intersection of NC Highway 50 and Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB , seconded by Commissioner Jeffrey P Carver and carried by the following vote Ayes Commissioners Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioner Wade M Stewart The Chairman reopened the Rezoning Hearing for Case 07 - 7 Case 07 - 7 Petition to rezone 219 acres of a 1072 acre tract from General Business District GB to Agricultural - Residential District AR located on US 70 East , which is approximately ¼ of a mile east of its intersection with Davis Mill Road SR 2310 in Pine Level Township Tax ID 12N12081 Applicant Dorothy M Moore Owners Dorothy M Moore Berry Gray , Assistant Planning and Zoning Director introduced the case and stated this was a petition to rezone 219 acres of a 1072 acre tract from General Business District GB to Agricultural - Residential District AR located on US 70 East , which is approximately one fourth of a mile east of its intersection with Davis MillPagePage pageNumber6249 June 4 , 2007 - 6 00 pm Continued Road SR 2310 in Pine Level Township Mr Gray stated the applicant has requested the rezoning in order to build a residence Mr Gray noted in General Business , a residential use is not allowed George Moore , 4035 US Hwy 70 E , Smithfield , stated he was the son of the applicant , Dorothy Moore , and also her Power of Attorney Mr Moore informed the Commissioners he was requesting the rezoning so he can build a house for his mother on the family land at this location Upon a question from Commissioner Wade M Stewart , Mr Moore informed the Board that when the family first moved to the property it was zoned General Business but there is no business at the location now In response to a question from Commissioner Allen L Mims , Jr , Mr Gray verified this property is within the 500 foot overlay along US Hwy 70 Berry Gray stated the Planning Board recommended approval of rezoning case 07 - 7 from General Business to Agricultural Residential District There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 7 Decision on Rezoning Case 07 - 7 Case 07 - 7 Petition to rezone 219 acres of a 1072 acre tract from General Business District GB to Agricultural - Residential District AR located on US 70 East , which is approximately ¼ of a mile east of its intersection with Davis Mill Road SR 2310 in Pine Level Township Tax ID 12N12081 Applicant Dorothy M Moore Owners Dorothy M Moore Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 7 , to rezone 219 acres of a 1072 acre tract from General Business District GB to Agricultural - Residential District AR located on US 70 East , which is approximately one fourth of a mile east of its intersection with Davis Mill Road SR 2310 in Pine Level Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 07 - 8 Case 07 - 8 Petition to rezone 2503 acres located on Jordan Narron Road SR 1735 just east of its intersection with Price Road SR 1736 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11L05021E Applicant Benjamin and Elizabeth Atkeson Owner Benjamin and Elizabeth Atkeson Berry Gray , Assistant Planning and Zoning Director , introduced the case and stated this was a petition to rezone 2503 acres located on Jordan Narron Road SR 1735 just east of its intersection with Price Road SR 1736 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Mr Gray noted a special use application was associated with the rezoning to allow for the construction and operation of three soccer fields He noted the surrounding zoning is Agricultural Residential and there is no business use nearby that staff has observed Chairman Cookie Pope informed the audience this portion of the hearing pertained to the rezoning of the property and she asked that anyone who wished to speak should speak specifically to the rezoning of the property Bob Spence , Attorney for the applicant , stated the Johnston United Soccer Association JUSA along with Dr Ben Atkeson , who has purchased the land for JUSA , have requested the Board to approve the rezoning of this property to allow for the eventual construction of a soccer field Mr Spence noted that JUSA is an existing non - profit soccer association that has some grant and private funding , is well organized , as well as medically supervised Mr Spence stated the program is child based and is not an adult league Mr Spence informed the Board the Association’s purpose was to expand their recreational facilities and allow amenities into this rapidly growing area JUSA has purchased through Dr Atkeson a large site for this purpose Mr Spence illustrated the area on a map and stated the property is 285 feet to the nearest house He further stated the other three sides of the site contain no development Mr Spence pointed out that on the one side where houses are located , they are well buffered by a pond and swamp area He noted beyond the pond and swamp area are trees which he stated were a natural visual and noise buffer for the area Mr Spence reiterated he felt this was a tremendous natural buffer and the other three sides had no development Mr Spence stated the site appears to be an excellent location that should also handle traffic well Mr Spence noted JUSA is an organization that has been staffed and maintained with hired maintenance to prevent the site from being used forPagePage pageNumber7250 June 4 , 2007 - 6 00 pm Continued any purpose other than what it is dedicated Mr Spence stated the hours JUSA has requested in the spring , summer , and fall are from 8am – 9pm on Monday through Friday and they may have a summer camp Mr Spence introduced the following people and indicated they would be speaking • Dr Ben Atkeson – cardiologist who has purchased the property ; • Stuart McLeod – President of the JUSA organization ; • Mary Katherine Lassiter – soccer player ; • Donnie Parker – JUSA Recreation Director ; • John Grant – traffic engineer ; • Marc Jones – local appraiser ; • Larry Bailey – Clayton Parks & Recreation ; and • Dr Pennie Bliss – pediatrician Mr Spence finally noted the proposed soccer field is not unlike the soccer field which was located just down the street adjacent to some of the finest homes in Smithfield Mr Spence stated obviously the soccer fields in that area had not had an adverse impact on that type of development Chairman Cookie Pope informed the audience she would allow the speakers three minutes each to make their comments Dr Ben Atkeson , 16168 Buffalo Road , Wendell , applicant and owner , stated he and his wife have had the good fortune to make their home in Johnston County Dr Atkeson informed the Board that his intention of the project came about last fall , when given the opportunity by Donnie Parker of JUSA , was told the program was not expanding fast enough to allow soccer play for all the interested children Dr Atkeson stated he saw this as a way to contribute back to the community and also be an active member of the community Dr Atkeson further stated this effort was not just by him , and there were many people involved in various ways At the request of Dr Atkeson , approximately 50 people raised their hands in support of this rezoning Dr Atkeson noted he and one of the neighbors of the property , Michael Bavaro who is against the rezoning , have met and e - mailed each other several times Dr Atkeson stated he appreciated the decency and respect between himself and Mr Bavaro as adults setting examples for their children regarding how to resolve conflict between people who disagree and showing it can be done with respect and with a sense of team work Commissioner Allen L Mims , Jr stated he understood Dr Atkeson had purchased the land and plans to sell it to JUSA Dr Atkeson verified this was correct Commissioner Mims asked Dr Atkeson what he would do with the property if the rezoning fails Dr Atkeson stated initially , he would do nothing because he could not get the value back out of the land for what he paid , that he probably overpaid for the land Commissioner Mims asked Dr Atkeson would he eventually sell the land or put houses on it Dr Atkeson stated it all depended He noted that if there were more houses and more grocery stores in the area then the value of the property might increase Dr Atkeson reiterated to the Board he had no interest in selling at this time Commissioner Mims stated he had been out to the area around the property and noticed there may be some commercial development planning taking place on the four corners at Thanksgiving Fire Road and NC Hwy 42 Stuart McLeod , 112 Hibiscus Drive , Clayton , President of the Johnston United Soccer Association , stated he first wanted to thank the families and children who came to the meeting to support the effort as well as Dr Atkeson for his efforts on this project Mr McLeod asked the Board to approve the rezoning for several reasons as he explained Mr McLeod informed the Board the most important reason was the children of JUSA He noted that JUSA serves approximately 550 children and they are borrowing and renting fields , using the schools ’ fields in the Smithfield and Clayton areas , as well as using church properties to practice and play He stated they are maxed out and cannot grow Mr McLeod noted that if JUSA cannot grow then they cannot serve the community of Johnston County He noted the citizens are demanding more recreation opportunities and JUSA is trying to improve the quality of life in this area Larry Bailey , Clayton Parks & Recreation Director , stated he was at the meeting not affiliated directly with JUSA , but to address the additional soccer needs in Johnston County Mr Bailey noted there was a misconception by the public that there was enough soccer fields in the County to meet the demand and stated that may have been true up until a few years ago Mr Bailey stated that recreational facilities are beingPagePage pageNumber8251 June 4 , 2007 - 6 00 pm Continued stretched in all parts of the County due to unprecedented growth He felt everyone hoped the recent parks and recreation bonds would address some of those issues Mr Bailey noted the Town of Clayton did not own a regulation soccer field He stated there is a lighted field at Clayton High School ; however , the Clayton Varsity and Junior Varsity teams are playing on these fields in the spring and fall and there was not much flexibility Mr Bailey noted that currently they are utilizing softball and baseball fields as soccer fields ; however , it is causing stress on the turfs and overlapping seasons are causing scheduling conflicts Mr Bailey stated the Clayton Parks & Recreation Program has been working with JUSA but they have not been able to accommodate any of the older ages Mr Bailey finally stated he hoped the issues being addressed at the meeting could be resolved Mary Katherine Lassiter , soccer player and member of the Clayton High School Varsity Soccer Team , informed the Board that JUSA is in great need of additional fields She noted that soccer is more than just a fun game in that it relieves stress , keeps her busy , and allows her to meet friends Miss Lassiter stated they have been using baseball fields , football fields , and large areas of grass to practice and although she is thankful for those areas , JUSA clearly needs something better and they needed to develop this land to use for soccer Miss Lassiter stated this was the perfect opportunity to set up a soccer field for JUSA and asked the Board to vote for the rezoning Donald Parker , 111 Walker Run , Selma , Recreation Director for JUSA , stated he lives 1 ½ miles from the proposed site Mr Parker informed the Board that he moved to Johnston County in 1999 and he felt that as his children became involved in sports , it was very disheartening to him to learn that the various recreation programs throughout the County were not very united Mr Parker stated he would like to propose that JUSA can help fill the immediate need for the recreational facility shortage in the County He stated they would be very good tenants , would clean up after themselves , and would be very good neighbors Mr Parker reiterated that he lived 1 ½ miles from the site , and he felt it was a desperate need of the County John Grant , Traffic Consultant with Ramey & Kemp Associates , stated his company was a transportation consulting firm approached by JUSA to assess the proposed site Mr Grant stated the only way to perform that task was to go out and collect local data He stated his firm went to a site in Raleigh called the “ WRAL site ” which is a large soccer facility Mr Grant reported they collected traffic volume entering and exiting the WRAL site on a Saturday and used that data as a worst case scenario , to determine what would come to the proposed JUSA site Mr Grant informed the Board that even though this development would generate some traffic , his company felt it would be a minor impact to the road network Mr Grant submitted a copy of his report to the Board dated May 29 , 2007 Marc Jones , 119 Hood Farm Road , Clayton , North Carolina certified general real estate appraiser , addressed the Board and stated that Mr Spence had asked him to speak at the meeting as an expert witness Mr Jones informed the Board that Mr Spence had asked him to specifically discuss the impact of property values of residential purposes of the adjoining land Mr Jones noted that in the real estate appraisal industry appraisers look at an overall general market Mr Jones further stated that appraisers do not look at the market for a specific buyer ; they look for the general buyer Appraisers evaluate what the property would look like to a willing seller and a willing buyer with no outside influences Mr Jones noted that in this situation he looked at recreational facilities and listed some of the recreational facilities that were public as well as those privately associated with residential developments in the County Mr Jones further stated that he evaluated the WRAL soccer complex which contains 22 regulation soccer fields and one stadium field He noted subsequently there were over 1,000 residences that have been built near the WRAL soccer complex Further , Mr Jones stated he was aware of a citizen in Smithfield who purchased an older home adjacent to a soccer field Mr Jones informed the Board this older home was remodeled and placed on the market for four times the purchase price He noted the home is now under contract Mr Jones stated in his professional opinion the rezoning would not have an impact on the adjacent property values Tony McKinney , 104 Lilly Crossing , Clayton , informed the Board that he is a broker for Remax Classic in the Flowers Plantation area of Johnston County and he was speaking on behalf of JUSA Mr McKinney stated he had been asked to comment on property values as far as a market analysis for prospective buyers Mr McKinney stated his company has sold 15 homes on Creech Church Road which is adjacent to the Creech Property that contained a driving range He noted the Creech Property is currently for sale and is zoned for commercial business Mr McKinney referenced the comments made by Mr Marc Jones , appraiser , and Mr John Grant , with Ramey & Kemp , and stated he felt with the proposed soccer field that would be put in along with a piece of property developed by Becky Flowers , he sees an impact of 55 potential property owners that live within 1 ½ miles of the property Mr McKinney spoke of various developments and recreational facilities in the Riverwood Subdivision as well as the Clayton area and the associated traffic impact with those developments Mr McKinney informed the Board that the parents of the children playing soccer would clean up after themselves and no trash would be left behind Mr McKinney further stated the recreational issue wouldPagePage pageNumber9252 June 4 , 2007 - 6 00 pm Continued have to be addressed at some point and it was his professional opinion this rezoning would only enhance the area and would not take away from the nature of the area Dr Pennie Bliss , 303 Cherry Laurel Drive , Clayton , stated she was a pediatrician and she was at the meeting to speak on behalf of the children’s health Dr Bliss stated currently in North Carolina , 173 of young people from age 5 – 18 are overweight and another 30 are classified as severely overweight Dr Bliss informed the Board this has somewhat of an economic impact noting a study done in North Carolina that showed a risk factor from a lack of physical activity has cost North Carolina 91 million Dr Bliss stated that soccer fields can help this problem She noted in an average 90 minute game , a soccer player could run 61 miles She further noted these children are also practicing 2 nights per week for an hour and a half each time Dr Bliss stated she felt this activity would lead to healthier children and noted research by the American Academy of Pediatrics supports recreational activities outside of school She stated the research showed children who participated in recreational sports are more likely to perform better in school and finish high school Dr Bliss closed by saying the health of our children is a more important resource than any other economic resource we have Stefan Fehr , 1481 Medlin Road , Clayton , addressed the Board and stated he is the Chief of the Clayton EMS as well as the Johnston County Rescue Association President Mr Fehr stated he wanted to give accolades to the due diligence that JUSA has done He noted that JUSA had asked him to comment on the EMS response times for the area Mr Fehr stated the primary response unit is the Selma EMS District and also has mutual aid available Mr Fehr informed the Board concerning the most common types of injuries associated with soccer which included twisted ankles and nothing life threatening Wilson Rogers , 104 Teasel Court , Clayton , addressed the Board and stated his son plays soccer ; however , he noted his daughter has weight issues and has had a bit of a problem becoming involved He noted she excels in music and school work ; however , experienced problems when she tried to make the soccer team after surgery on both feet Mr Rogers stated that his daughter had asked the coach could he make room for her to only practice with the team Mr Rogers informed the Board this was the opportunity to get the exercise the children needed that can be a life changing event Lou Starling , Attorney , 405 East Market Street , Smithfield , addressed the Board and stated he was at the meeting opposed to the rezoning At the request of Mr Starling , approximately 20 people raised their hands in opposition of the rezoning Mr Starling wanted to note that the people here opposed to the rezoning do not oppose soccer in general He stated they do not dispute that soccer is a good thing for our children , but they just object to it being put in their area Mr Starling called on Ms Lois Price to comment Lois Price , Price Road & Jordan Narron Road , informed the Board that she did not have a written speech ; she just wanted to state her personal feelings concerning this rezoning and noted she is one of the nearest houses to the proposed rezoning Ms Price stated she is not in good health and suffers from heart failure and an incurable kidney disease Ms Price stated she has lived at this location for 60 years and had hoped to stay there for the rest of her life She informed the Board that she cannot stand noise or crowds and asked the Board to deny the rezoning Ms Price stated she is not opposed to children , that she has three grandsons who have all played soccer and noted it was a wonderful sport Mr Price stated she wanted the soccer field to be put in another location Martha Parrish , 649 Jordan Narron Road , Selma , stated her property would adjoin the soccer complex and referenced the area on a map Ms Parrish informed the Board that in this area there lived approximately 20 retired people and 12 disabled people Ms Parrish further noted that seven widows live in this area She went on to say this is a small community and they can not afford to draw people from all over the county She stated she wanted to keep her quiet lifestyle Ms Parrish noted she loved children and she has grandchildren , but if she wanted to see them play soccer , then she would rather go away and see them play Ms Parrish stated that she did not want to see them play from her front porch Ms Parrish described an Alzheimer’s patient who lives on this road as well as walks the road daily and she was worried that with the increased traffic , he would be hurt She reiterated that most of the community is retired Ms Parrish finally stated the soccer fields did not need to be in a residential area and asked the Board to take her comments into consideration Christine Williams , 3050 Thanksgiving Fire Road , Selma , stated she and her husband had purchased 27 acres of land nine months ago to build a home , have a small horse farm , and to raise their family in the area Ms Williams informed the Board she and her children ride horses and moved to the area to be in a more rural setting Ms Williams stated there were multiple small horse farms on Jordan Narron Road and noted her property was within 500 feet of the proposed soccer complex Ms Williams referenced an August 3 , 2006 article in The News & Observer whereby she stated a commissioner was quoted as saying “ touts the horse industry as a way to preserve the county’s rural charm while helping residents prosper ” Ms Williams statedPage0253 June 4 , 2007 - 6 00 pm Continued she believed the lights , noise , and traffic from the soccer complex would destroy the quiet her family has She was concerned that air horns from the proposed soccer events would frighten her horses Ms Williams stated she expected her area to grow , but she expected the growth to consist of other small horse farms or possibly residential subdivisions and not a soccer complex She asked the Commissioners to protect the homeowners and preserve the agricultural residential life for her and her neighbors Linda Botens , 150 Jordan Narron Road , Selma , illustrated on a map for the Commissioners properties highlighted in yellow that were opposed to the rezoning and stated that conformity was her concern Ms Botens referenced earlier comments made concerning developments such as Riverwood which she stated was a planned community with a recreational facility as part of that planned community that attracted people who knew it was there Ms Botens informed the Board that she and her neighbors were already living in this area because it was the type of environment they chose to live in She further stated if they wanted to live in an environment that housed a recreational facility , they would have chosen to do so Ms Botens stated she was aware of rezoning requests in the past related to soccer fields She noted that in researching these previous cases , she found the reason by which the rezonings were denied “ were based on the belief that this type of activity cannot be made to be compatible with residential and based on the fact that the residents lived there first ” Ms Botens informed the Board the residents did not believe they could stop growth ; however , they just wanted the area to be developed in its own likeness with the existing rural residential use Page J Partin , 262 Price Road , Selma , stated she and her husband had built their house in 2001 on a piece of property purchased back off the roadway on Price Road Ms Partin noted that she and her husband knew every vehicle traveling her road and due to her husband working late hours , this was security for her Ms Partin stated she did not build her house for an investment , it was built as her home and they chose this area of Johnston County for a reason She finally stated she was born and raised in Johnston County and this area was the best community to live in and she hoped it stayed that way Michael Bavaro , 1087 Price Road , Selma , stated he was also representing his mother’s property at 1111 Price Road , Selma Mr Bavaro pointed out his family’s property on a map for the Commissioners Mr Bavaro stated he wanted to give accolades to Dr Atkeson and noted he also wished the situation could be handled as adults However , Mr Bavaro stated there is opposition but he was speaking as a homeowner who would be directly affected by the rezoning Mr Bavaro displayed a photograph taken from his back porch and noted that as a homeowner who lived in the area , what you saw in the photo was enjoyment for him after working all day Mr Bavaro informed the Board he wanted to address issues such as traffic , noise , and trash concerns as well as keeping the atmosphere from changing Mr Bavaro stated his parents purchased their property to retire on Mr Bavaro noted his father has passed away , but he hopes he and his mother can remain there Tony Quinn , 1039 Price Road , Selma , informed the Board that every adult in the room who has a job or a stressful day wants to go home and enjoy a quiet evening , which he hoped he could continue to do Mr Quinn stated he felt if the Board votes to deny the rezoning , nothing would change within the JUSA group and the children could continue to play He stated they could find land better suited for them However , Mr Quinn stated if the Board voted to approve the rezoning , it would be a life changing situation for the residents and everything from traffic to noise would be changing in the community Mr Quinn requested the Commissioners to vote against the rezoning Jennie Harless , 80 Jordan Narron Road , Selma , addressed the Board and noted she was a state certified residential real estate appraiser who lived on Jordan Narron Road at the opposite end of the proposed soccer complex Ms Harless informed the Board that the proposed soccer fields would not impact her property values ; however , she did have concerns about the people closer to the proposed site and noted those residents had asked her to speak She stated she had been performing appraisals in this area for approximately two years and she is very familiar with the property Ms Harless stated she had personally inspected the property and it was her opinion the soccer complex would be a detriment to the marketability of the surrounding land She noted the lights , noise , trash and view of parking lots would affect the value of the adjacent and nearby properties Ms Harless referenced letters from Mr Charles Hinnant , a general certified appraiser , as well as Ms June Brinson , a long - time real estate broker who both agreed with her position Mr Harless stated she was reading from the Land Development Code Section 1475 AR permitted uses , as follows Any stand - alone recreation facility that charges admission ; membership fees ; and or has any sales , concessions , etc is not permitted in the A - R district Ms Harless further stated this use was also not listed in the special use conditions Ms Harless then stated she was reading from the Land Development Code Section 1479 general business district , as follows Recreation facility , outdoor , nonprofit and or commercial for profit , including golf courses , parksPage1254 June 4 , 2007 - 6 00 pm Continued whether active recreation , such as ball field and courts , or passive recreation , such as walking trails , picnic tables , open space , and similar , playgrounds including play toys and tot lots , community centers , swimming pools and similar recreational uses , as well as any outdoor recreation facility that charges admission ; membership fees ; and or has any sales , concessions , etc Ms Harless stated JUSA is a nonprofit and does charge membership fees and questioned if the proposed rezoning classification was correct Lou Starling , Attorney , 405 East Market Street , Smithfield , submitted a petition with 259 signatures of people who oppose the rezoning , the majority of which he stated lived in the community as well as a spring schedule of soccer games Mr Starling informed the Board that according to the schedule of game times , it would create a tremendous amount of traffic Mr Starling stated the decision the Board would be making would have a drastic effect upon this general area of Johnston County He stated his clients did not have to perform a traffic study to see it would create a tremendous amount of traffic , according to the game schedule Mr Starling reiterated the approval of this rezoning would create more traffic , more noise , and reduce property values Mr Starling read three comments he stated were arguments made by Johnston County to the North Carolina Court of Appeals in the Torres Case , as follows , as to why the County felt soccer fields should not be allowed in a particular area The residents were worried about the noise from the conduct ; the noise on the soccer fields was so loud that one adjacent landowner could not stay outside with her children because of the noise from the soccer field ; the noise was so loud it scared nearby horses Mr Starling stated his clients were not opposed to soccer or children ; however , he asked the Board to consider this area and the magnitude of what JUSA is trying to do Mr Starling stated he believed this was too much for this small rural community and respectfully requested the Board to deny the rezoning Mr Starling noted this was the only time he had ever seen an applicant ask to use the property of an adjoining landowner as a buffer Jay Holt , 2814 Thanksgiving Fire Road , Selma , stated his property was located directly behind the property of Ms Lois Price Mr Holt informed the Board that he goes to bed early , gets up early and he was concerned about the proposed hours of operation being until 9 00 pm Mr Holt also noted his concern with the trash as well as he felt the power line utilities would have to be upgraded to accommodate lighting the soccer fields Mr Holt stated the County has just purchased 100 acres of land five miles up the road for a high school and he asked could the soccer fields be put there David Brent Parrish , 577 Jordan Narron Road , Selma , stated he was the Director for softball for Corinth Holders Recreation Mr Parrish stated he felt it was a bad idea to put a soccer field in this area Mr Parrish noted wetlands in the area should be protected He stated children do need soccer fields , but he was worried about the protection of this area Mr Parrish informed the Board he was on the fire department and he was concerned if JUSA does not install a fence , it could lead to security issues Mr Parrish stated he feels this would be an inconvenient area for the soccer fields County Attorney Mark Payne commented on the legal issue brought up concerning if the applicant was asking for the appropriate zoning Mr Payne also noted the section in the Land Development Code referenced earlier by Ms Harless had also been sent to the Commissioners in an e - mail and he believed that to be from an older version of the ordinance Mr Payne stated in his opinion he believed Agricultural Residential Special Use District is the appropriate zoning , if the Board chose to approve the request Mr Payne noted in May of 2006 , the Board amended the ordinance to specifically require a special use zoning if it is a recreational facility in an Agricultural Residential District Mr Payne further stated the amendment allowed for recreational facilities in a commercial area where it was not allowed before , but he felt that did not prevent it from being included in Agricultural Residential Commissioner Allen L Mims , Jr asked County Attorney Mark Payne to comment on why the Board of Commissioners were overturned in the ruling of the Torres Case Mr Payne stated the decision made by the Superior Court and that has since been appealed in the Court of Appeals is whether or not soccer fields as a recreation facility are a use of right Mr Payne noted the County is still awaiting the verdict on that appeal Mr Payne stated the County’s position is that soccer fields are appropriate in Agricultural Residential ; however , the County does require a special use permit The Superior Court’s ruling stated that under the ordinance at the time , you did not have to obtain permission from the Board of Commissioners to put up a soccer field Mr Payne noted the County has since changed the ordinance to specifically state soccer fields are allowed inPage2255 June 4 , 2007 - 6 00 pm Continued Agricultural Residential , but it has to be a special use By requiring the special use , the Board of Commissioners can put special conditions on the property Lou Starling addressed the Board with closing remarks and stated his clients are not opposed to soccer , they just believe that the rural nature of this area would not accommodate the traffic or the noise Angelo Owens , 3304 Wisteria Drive , Clayton , stated he lived in Neuse Colony in Johnston County and he is currently a public educator Mr Owens noted change is difficult and he understands people want to resist change Mr Owens further stated we have to look at the greater good Mr Owens noted this would be a positive impact on the community that would not cost anyone at the meeting He stated all they were asking for was a place for the children to play Mr Owens suggested hopefully JUSA could adopt the highway and pick up any trash , if there is any left behind Berry Gray , Assistant Planning & Zoning Director , stated the Planning Board recommended approval of the rezoning from Agricultural Residential to Agricultural Residential – Special Use District to allow for the operation of three soccer fields There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 8 Commissioner Allen L Mims , Jr asked could the Commissioners get more information on the hours of operation and what times of the year would the soccer fields be open before a motion was made Donald Parker , Recreation Director for JUSA , informed the Board that JUSA did ask for some additional times at the Planning Board meeting Mr Parker noted at the time of the Planning Board meeting , JUSA felt there were hours that could go beyond what was originally requested Mr Parker further noted normal seasons are from early August through the first or second week of November for the fall season ; and the spring season begins the first of February ending during the first week of May Mr Parker stated JUSA had asked for hours of 8am to 9pm so they could hold soccer clinics Also , Mr Parker stated another reason for the time extension was the lack of field space and noted the reason for all the games on the schedule that had been submitted by Mr Starling was due to the lack of field space He noted that 65 of JUSA is recreation soccer and they practice one night per week with Saturdays being the busiest days Mr Parker noted JUSA has asked for weekday hours of 8am to 9pm , Saturdays of 9am to 7pm , and Sundays of 1pm to 7pm Mr Parker further noted the weekday hours would mostly be from 6pm to 9pm and would be for practice He stated Saturdays would depend on field space , but they would try and be done within four hours rather than ten hours Mr Parker informed the Board he is at the fields everyday there is a game and they have risk management people on hand at all the games In response to a question from Commissioner Jeffrey P Carver , Mr Parker noted the spring schedule of games passed around earlier by Mr Starling was for the youth teams consisting of 180 children that all played on one field on a Saturday Mr Parker clarified the schedule of games was not based on eight fields and noted JUSA had to shorten some of their practices due to the field being used for softball Decision on Rezoning Case 07 - 8 Case 07 - 8 Petition to rezone 2503 acres located on Jordan Narron Road SR 1735 just east of its intersection with Price Road SR 1736 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11L05021E Applicant Benjamin and Elizabeth Atkeson Owner Benjamin and Elizabeth Atkeson Motion to Deny the Rezoning Fails Commissioner W Ray Woodall stated he admired Dr Atkeson and his efforts on trying to provide a facility for the children Commissioner Woodall further stated the Board had been working for the children to make sure they have good educations and noted that on new school sites , the Board allowed for the purchase of additional acreage in order to accommodate fields for sports activities Commissioner Woodall stated his concern was for the residents he knew in the community and noted that even though the County needs additional athletic fields , in the seven years he has served as a Commissioner , the Board has turned down requests in the past for athletic fields Commissioner Woodall stated he knew of approximately 32 people in the community , several of which were elderly and stated he felt he would be doing a disservice to those residents if he voted to approve the rezoning Commissioner Woodall went on to say he was aware of a piece of property 35 miles from this site that is a lighted driving range as well as another parcel of land on Creech Road near Hwy 42 that would not require much preparation to operate a soccer field Commissioner Woodall reiterated the County constantly evaluates the needs of children ; however , he felt the Board needed to look after the elderly generation as well He stated the existing residents were born and raised in this small community and based on this ,Page3256 June 4 , 2007 - 6 00 pm Continued Commissioner Woodall made a motion to deny the rezoning to Agricultural Residential – Special Use District to allow for the operation of soccer fields Commissioner Wade M Stewart stated he did not disagree with Commissioner Woodall’s comments Commissioner Stewart further stated he has tried to look at what the Board has done in the past and noted the need to be consistent Commissioner Stewart recalled a rezoning case near Benson involving softball fields He noted that although those fields were badly needed , they would have brought lights and noise and the residents who lived in the area first had strong objections to the Benson rezoning Therefore the Commissioners had denied the request He acknowledged the County does have recreation needs and Dr Atkeson had followed the correct procedure to help address those needs However , Commissioner Stewart noted in his personal attempted endeavors to purchase property he often would request the seller to obtain the proper rezoning in advance of the purchase Commissioner Stewart noted he would also help to address the community regarding the rezoning If the rezoning was not achieved , he would not follow through on the purchase Commissioner Stewart noted if this request were for something other than an athletic field , such as a go - cart track or a motor cross track , then the hours of operation would only be allowed for a Saturday night and reminded the Board of the stockcar track near Kenly that only operates only on Saturday nights , not seven days per week Commissioner Stewart stated that due to the fact children were involved , the Board has given the matter more attention and rightly so Commissioner Stewart asked how the Board could make this request work with the residents He noted the JUSA group is in support of the rezoning , but the residents are saying it would adversely affect them Commissioner Stewart questioned if this was the right location for the soccer field and seconded Commissioner Woodall’s motion to deny the rezoning Commissioner Tony Braswell stated he understood the position of the opposing residents ; however , he stated the property could be rezoned and special conditions set to ensure the facility is operated in a manner as set forth by the Board Commissioner Braswell stated if those conditions are not met , then the Board could revoke the special use permit Commissioner Braswell stated that while he understood the residents , this was an opportunity the Board needed to consider Commissioner Jeffrey P Carver spoke of the need to balance the future with the past decisions of the Board He noted the Board has to make difficult decisions for the good of all citizens Commissioner Carver further noted the County’s population is approximately 155,000 and the Board has to look out for everyone on issues not just as