November 5, 2007 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 465 Meeting of the Johnston County Board of Commissioners November 5 , 2007 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 5 , 2007 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 A Citizen Question – Future Plans for Johnston County Denise Rentz , 141 Leach Drive , Garner , questioned if the County had a vision for the future or a Master Plan for Johnston County Ms Rentz stated she would like to be involved in future planning for Johnston County After brief discussion , the Board thanked Ms Rentz for her interest and invited her to participate in the upcoming community meetings at West Johnston High School and North Johnston Middle School Note The Chairman announced that the Board would hear the Micro ETJ Extension Request Public Hearing and the Discussion on ETJ Extension Requests prior to the Rezoning and Special Use Cases , due to town representatives in attendance needing to attend town council meetings later in the evening 2 Public Hearing – Town of Micro ETJ Extension Request Advertised – In The Smithfield Herald – October 26 and October 30 , 2007 The Chairman opened the public hearing and stated the hearing was to give the Town of Micro an opportunity to present a request to extend their ETJ and receive citizen input on the matter Micro Mayor Buddy Jones addressed the Board and referenced the documentation from the Town as follows concerning the criteria established by the Board for ETJ extension requests 1 Is the area within the statutory framework for granting ETJ Certain Johnston County municipalities have special legislation allowing the county to approve a request for ETJ expansions up to 2 miles ; the included map shows the area being considered to be within that criterion as denoted on the map 2 Has the Town demonstrated commitment to sound planning The Town of Micro has a Planning Board that consists of town citizens and citizens from the current ETJ With the addition of a new fire station and Pine Ridge Foods , the Town is planning for future with Commercial & Residential growth 3 Has the town made or is it willing to make a commitment to sound planning as necessary to serve the area with municipal services in the future The Town is seeking grants and other financial means to update sewer lift stations and water sewer lines 4 Does the area have a logical , social , or geographical connection with the municipality Interstate 95 and US 301 pass through the existing Town limits and ETJ Children in the proposed ETJ attend the High School and Middle School in Micro Most of the area is within the Micro Fire District and Voting district Mayor Jones stated the Town has been able to resolve boundary issues with the Towns of Selma , Pine Level , and Kenly He noted the Town has begun the process of joining the National Flood Insurance Program and asked if there were further questions Commissioner DeVan Barbour inquired about property near Batten Farm Road that has been left out of the requested ETJ extension area Page466 November 5 , 2007 – 6 00 pm Continued Planning Director Berry Gray reported this area was technically outside the two mile limit for both Micro and Pine Level and therefore would remain within the County’s jurisdiction In response to questions from Commissioner Allen L Mims , Jr , Mayor Jones reported the Town does have a Planning Board ; however , no planning staff and the Town does not currently contract with a firm for planning zoning consulting services Mayor Jones reported funds are limited for such expenditures Commissioner Mims stated the Town would need to demonstrate it has the financial capability to manage an expanded ETJ Mayor Jones reported the Town is currently applying for funding to help with extending water and sewer lines There being no further comments , the Chairman closed the public hearing 3 Discussions on ETJ Extension Requests Commissioner Tony Braswell inquired if the planning staff could provide any information or recommendations to the Board for the ETJ extension requests Planning Director Berry Gray stated in reviewing the responses to the criteria established by the Board for each town , staff had put together a table summarizing those responses as follows TOWN Planning Staff Planning Zoning Dev Land Use or Floodplain Board Ordinance Growth Plan Administration Benson One Yes Yes Yes Yes Clayton Four Yes Yes Yes Yes Four Oaks Town Clerk Yes Yes No Yes Kenly One Part Time Yes Yes No Yes Micro Town Clerk Yes Yes No No Pine Level One Part Time Yes Yes Yes Yes Princeton Town Yes Yes Yes Yes Administrator Selma Town Manager Yes Yes No Yes Smithfield Four Yes Yes Yes Yes A Town of Clayton ETJ Extension Request A public hearing was held on the Clayton ETJ Extension Request on February 5 , 2007 Clayton Mayor Jody McLeod thanked the Commissioners for reviewing the requests by all the municipalities and he requested the Board consider approving the request for the Town of Clayton Mayor McLeod stated he felt Clayton has done a good job at planning for the future growth in Clayton as well as managing their current boundaries and he believed the Town could accept the responsibility of the added area Clayton Town Manager Steve Biggs stated the Town of Clayton has consumed most of their already established one mile ETJ and in many places have no ETJ remaining as a result of that growth He noted the Town has made a significant dedication to planning and currently employs five staff members in the Town’s Planning Department Mr Biggs informed the Board that the Town has expended several thousand dollars to develop a small area plan for the area outside of the ETJ , but adjacent to the town limits which includes Hwy 42 West at the Hwy 70 Interchange in an effort to get ahead of potential growth pressures along this corridor The Town is ready to implement the small area plan as well as similar plans and ideas for additional efforts at other interchanges along Hwy 70 that the Town has identified as “ growth magnets ” Mr Biggs reported the Town has also made a dedication to parks and recreation , reviewing alternative means of transportation , as well as establishing a technical review committee made up by members from each Town department for reviewing new development proposals Upon questions from Commissioner Tony Braswell , Mr Biggs reported the Town’s Planning Board makeup is a 50 50 ratio consisting of residents in the city limits as well as the existing ETJ and the Town provides regular training sessions for the membership Page467 November 5 , 2007 – 6 00 pm Continued Pete Barnes , 2100 Castleberry Road , Clayton , addressed the Board and submitted a petition signed by 90 people requesting to have their properties included in the proposed area under consideration for possible incorporation as the Town of Archer Lodge , rather than included in the Clayton extended ETJ Mr Barnes expressed concern that if the area is approved for the Clayton ETJ , the Town of Clayton may annex the properties Commissioner Tony Braswell stated he did not believe that by approving the extended ETJ area , this would automatically mean the area would be annexed into the city limits by Clayton Commissioner Jeffrey P Carver noted it was his understanding that the Town of Clayton has not had any involuntary annexations since 1991 Commissioner Allen L Mims , Jr , noted if the Archer Lodge area decides to incorporate ; it could include land within the Clayton ETJ area and stated perhaps the people on the petition should take their request to the State legislators , since municipal incorporation is a function of the North Carolina General Assembly Mayor Jody McLeod reiterated to everyone that Clayton has not had an involuntary annexation in over 15 years and the Town wished Archer Lodge well in their efforts to incorporate Wade Holloway of Garner , and property owner on Castleberry Road in Clayton , asked to see the boundaries of the proposed Clayton ETJ extension area Planning Director Berry Gray reviewed with Mr Holloway the boundaries proposed by Clayton Decision on Clayton ETJ Extension Motion Commissioner Allen L Mims , Jr stated he felt Clayton performs well at managing their current ETJ , has a knowledgeable planning staff , as well as proper ordinances and moved the Board allow the Town of Clayton to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Clayton , NC ” dated October 11 , 2007 Commissioner Jeffrey P Carver seconded the motion Further Discussion Commissioner W Ray Woodall stated he had concerns with extending the ETJ’s because the people who live in the ETJ areas are not allowed to vote in the municipal elections and therefore have no say in decisions made by the town councils Commissioner Woodall stated if the law could be changed to allow people in the ETJ areas to be able to vote in the municipal elections , then he could support extending the ETJ areas Commissioner Mims noted the people living in the ETJ areas have representation on the Town planning boards , as required by State Statute Commissioner Wade M Stewart stated while he understood and agreed with Commissioner Woodall’s concerns , he felt there are some situations where it is appropriate to grant the ETJ extension requests Commissioner Stewart further stated he felt Clayton is a thriving town and would do an excellent job with planning ; therefore , he would vote to approve the request However , he noted that some of the smaller municipalities may not be ready for an expanded ETJ and felt that perhaps those smaller towns were only asking for the extensions because all the other municipalities had Commissioner Stewart stated he was concerned that the County’s planning staff would still have to provide support to the smaller towns that do not have adequate planning capabilities County Manager Rick Hester clarified that the County’s planning staff would not be allowed to be involved in the planning and zoning of the Towns ’ ETJ areas ; however , some of the towns would continue to contract with the County’s Building Inspections Department for inspections Commissioner Carver stated if the municipalities were granted the extension requests , they would have to take ownership and properly manage the areas Page468 November 5 , 2007 – 6 00 pm Continued Commissioner Mims reminded everyone that North Carolina General Statute § 160A - 360 g states if the towns do not properly manage the areas , with a two year written notice , the County could rescind the order Vote The motion 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 Woodall Note The next step in the process will be for the Town of Clayton to begin the process of notifying those citizens affected by the ETJ extension and hold public hearings to obtain citizen input Once the notification and public hearing process has been completed , the Town may choose to extend the ETJ B Town of Benson ETJ Extension Request A public hearing was held on the Benson ETJ Extension Request on April 2 , 2007 Benson Town Manager Keith Langdon addressed the Board and stated most of the growth surrounding Benson is coming from the northwest and the Town was requesting an extension of the ETJ in this area only He noted the Town does have a Planning Board , planning staff , and a unified development ordinance In response to questions from Commissioner Allen L Mims , Jr , Mr Langdon reported Jeremy Smith is the Town’s current professional planner and the Planning Board meets monthly He noted the Town would bePagePage pageNumber5469 November 5 , 2007 – 6 00 pm Continued advertising for an Economic Development Downtown Revitalization Director who would also assist in planning efforts for the Town Commissioner DeVan Barbour stated the Town of Benson has utilized a professional paid planner since the mid 1980s and the Town is committed to planning Commissioner Barbour noted he felt the Town had acted very responsibly in only asking for the area which they predict will experience growth and there was no question the Town had met the criteria established by the Board Decision on Benson ETJ Extension Commissioner DeVan Barbour moved the Board allow the Town of Benson to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Benson , NC ” dated October 22 , 2007 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 Woodall Note The next step in the process will be for the Town of Benson to begin the process of notifying those citizens affected by the ETJ extension and hold public hearings to obtain citizen input Once the notification and public hearing process has been completed , the Town may choose to extend the ETJ PagePage pageNumber6470 November 5 , 2007 – 6 00 pm Continued C Town of Micro ETJ Extension Request Commissioner DeVan Barbour inquired about the process of the Town of Micro joining the National Flood Insurance Program as well as if the Town had a land use plan in place Micro Mayor Buddy Jones reported the Micro Town Clerk has begun the process of joining the Flood Insurance Program and the Town does not currently have a land use plan He noted it may take the Town a few months before a land use plan could be developed Planning Director Berry Gray stated it may take the Town several months to complete the process of joining the National Flood Insurance Program In response to a question by Commissioner Barbour , County Attorney Mark Payne stated the Board could not conditionally grant the ETJ extension request ; however , the Board could establish an effective date Commissioner W Ray Woodall stated perhaps it would be best to table the matter until the Town could meet the requests by the Board to develop a land use plan and complete the process of joining the National Flood Insurance Program County Manager Rick Hester stated the Town of Micro could come back to the Board once they have adopted a land use plan as well as completed the process of joining the National Flood Insurance Program D Town of Selma ETJ Extension Request A public hearing was held on the Selma ETJ Extension Request on May 7 , 2007 Tony Tetterton , 428 Campground Road , Selma , shared with the Board his concerns regarding Selma’s request to extend their ETJ Mr Tetterton reported the Town of Selma does not have a professional planning staff and he was informed by a Selma Planning Board member that approximately 40 of the Selma Planning Board meetings are canceled due to the lack of a quorum or no business to be heard Mr Tetterton also agreed with Commissioner W Ray Woodall in that citizens who live within the ETJ’s of a municipality have no say in the local elections and he felt that was unfair E Town of Smithfield ETJ Extension Request A public hearing was held on the Smithfield ETJ Extension Request on March 5 , 2007 Smithfield Planning Director Paul Embler reported the Town of Smithfield currently has a staff of four people in the Smithfield Planning Department The Town has adopted a comprehensive growth management plan as well as the Town is in the process of developing a unified development ordinance Further , Mr Embler noted the Town provides fire and emergency services to citizens outside of the town limits and approximately 65 of the users of Smithfield’s parks and recreation programs are within the requested area Mr Embler stated the Town will be constructing some major road improvements near the Carolina Premium Outlet Center on Industrial Park Drive Commissioner Tony Braswell pointed out that Smithfield’s Planning Board meetings have had to be canceled on a number of occasions due to the lack of a quorum Mr Embler stated the reason for the lack of a quorum at some of the meetings was primarily due to health conditions by some of the members He noted one member is also a Johnston County Sheriff’s Deputy and has had to work on a number of occasions However , Mr Embler stated at the request of the applicant , if the item is not heard within 45 days , the application can be sent on to the Town Council for review Mr Embler reported as the ETJ is expanded , the Planning Board would also be expanded to include members from the new area and the Town was working to establish better attendance at the meetings Commissioner Allen L Mims , Jr inquired about any recent involuntary annexations Mr Embler reported the Town of Smithfield had an involuntary annexation in 2007 near Hwy 301 South which mainly consisted of commercial , office , and institutional property He noted there was minimal opposition in that particular area , since the Town was providing water and sewer services to the areas , those businesses could then pay the in - town rates and save money PagePage pageNumber7471 November 5 , 2007 – 6 00 pm Continued Decision on Smithfield ETJ Extension Commissioner Tony Braswell moved the Board allow the Town of Smithfield to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Smithfield , NC ” dated October 11 , 2007 Commissioner DeVan Barbour 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 Woodall Note The next step in the process will be for the Town of Smithfield to begin the process of notifying those citizens affected by the ETJ extension and hold public hearings to obtain citizen input Once the notification and public hearing process has been completed , the Town may choose to extend the ETJ F Town of Pine Level ETJ Extension Request A public hearing was held on the Pine Level ETJ Extension Request on May 7 , 2007 Commissioner DeVan Barbour pointed out that the Towns of Pine Level and Princeton had met all the criteria established by the Board PagePage pageNumber8472 November 5 , 2007 – 6 00 pm Continued Commissioner Tony Braswell stated the Town of Pine Level has rewritten their zoning ordinance , utilizes a part - time zoning enforcement officer , as well as has an active Planning Board Decision on Pine Level ETJ Extension Commissioner Tony Braswell moved the Board allow the Town of Pine Level to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Pine Level , NC ” dated October 25 , 2007 Commissioner DeVan Barbour 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 Woodall Note The next step in the process will be for the Town of Pine Level to begin the process of notifying those citizens affected by the ETJ extension and hold public hearings to obtain citizen input Once the notification and public hearing process has been completed , the Town may choose to extend the ETJ G Town of Princeton ETJ Extension Request A public hearing was held on the Princeton ETJ Extension Request on May 7 , 2007 Commissioner Tony Braswell questioned a recent zoning enforcement issue with the Town of Princeton regarding an area within their current ETJ County Manager Rick Hester noted Princeton has appointed a Town Administrator since that enforcement issue PagePage pageNumber9473 November 5 , 2007 – 6 00 pm Continued Decision on Princeton ETJ Extension Commissioner Allen L Mims , Jr moved the Board allow the Town of Princeton to go forward with the process of their ETJ extension in accordance with the boundaries on the following map titled “ Proposed ETJ Extension Princeton , NC ” dated October 11 , 2007 Commissioner Tony Braswell 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 Woodall Note The next step in the process will be for the Town of Princeton to begin the process of notifying those citizens affected by the ETJ extension and hold public hearings to obtain citizen input Once the notification and public hearing process has been completed , the Town may choose to extend the ETJ H Instructions to Staff for the Towns of Four Oaks , Kenly , and Selma Public hearings were held on the following dates Four Oaks – September 4 , 2007 ; Kenly – August 6 , 2007 ; and Selma – May 7 , 2007 After brief discussion , it was the unanimous consent of the Board to instruct staff to contact the Towns of Four Oaks , Kenly , and Selma to find out the status of a land use plan and report back to the Board prior to a decision for these Towns The Board took a five minute recess 4 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – October 26 and October 30 , 2007 Certified letters were mailed to adjoining property owners on October 25 , 2007 Notices were posted at the locations on August 7 , 2007 for Case 07 - 15 ; and September 5 , 2007 for Cases 07 - 33 , 07 - 28 , 07 - 29 , and 04 - 30 Page0474 November 5 , 2007 – 6 00 pm Continued The Chairman opened the Rezoning Hearing for Case 07 - 15 Case 07 - 15 Petition to rezone a 398 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 Special Use District GB - SUD Tax ID 06D02003 Owner Lottie D Gurganus Applicant Son - Lan Development Planning Director Berry Gray stated this was a petition to rezone a 398 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 Special Use District GB - SUD Mr Gray noted that a special use has not been identified with this rezoning and the applicant would be required to bring a specific use back to the Board for approval within one year , if approved Mr Gray further noted 07 - 15 was tabled last month so that it could be heard along with Rezoning Case 07 - 33 directly across the road , in order to determine the impact both cases would have on the NC Hwy 50 and Old Drug Store Road area The realignment of the intersection is underway to address traffic movement and safety issues At the request of Chairman Cookie Pope , Mr Gray outlined Rezoning Case 07 - 33 for 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 Community Business - Special Use District CB - SUD and noted its location in relation to Rezoning Case 07 - 15 Mr Gray clarified that Case 07 - 15 was a request for General Business – Special Use District and Case 07 - 33 was a request for Community Business – Special Use District Mr Gray noted Case 07 - 33 was denied for straight General Business in June 2007 and the applicant has repetitioned for Community Business – Special Use District Mr Gray reported Community Business is less intense than General Business and does not allow for such uses as mini - storage , campgrounds , automotive repair , group care facilities , hospitals , theaters , etc The intent of Community Business is to provide development which will serve the daily needs of the surrounding area In response to a question from Commissioner DeVan Barbour , Mr Gray noted even with a special use application , a shopping center would not be allowed under Community Business A shopping center would have to be rezoned to General Business – Special Use District Curk Lane of True Line Surveying , representing the applicant for both Rezoning Cases 07 - 15 and 07 - 33 addressed the Board and noted Case 07 - 33 is requesting Community Business – Special Use District as part of an overall plan to develop a larger tract of land currently surrounded to the north and west by Creekside Subdivision Mr Lane reported a residential portion of the larger tract has already been approved and would act as a residential buffer in between NC Hwy 50 and Creekside Subdivision Regarding Case 07 - 15 , Mr Lane noted Son - Lan believes the intersection would benefit from some type of General Business use and a portion of that tract of land was a part of the realignment which will allow for a safer interchange The interchange currently is a T - road ; however , would become an intersection when construction is completed and will include full - service turn lanes Commissioner Allen L Mims , Jr questioned why Son - Lan was requesting Community Business – Special Use District rather than General Business – Special Use District for the large tract on Rezoning Case 07 - 33 Mr Lane reported at the Planning Board meeting , the recommendation by staff was the area did not need large shopping centers as well as Son - Lan has received inquiries by potential buyers which were Community Business oriented rather than General Business Mr Lane noted Son - Lan is requesting a special use district so that every plan would come back to the Board for review Commissioner Mims noted the proposed new residential section showed stubouts at the intersection ; however , it was his understanding that the residents of Creekside Subdivision did not wish to have a connection to the traffic light but would rather have access further up on NC Hwy 50 at the stop sign and asked for clarification Mr Lane responded the residents from Creekside Subdivision spoke in opposition to a connection at the new intersection , so to compromise , no stubouts will be made to the existing Creekside Subdivision Commissioner Mims expressed concern over the opposition by the residents of Creekside for this access and questioned if the access out on to Hwy 50 at the stop sign was safe Page1475 November 5 , 2007 – 6 00 pm Continued James B Fuller , 133 Leach Drive , Garner , in Creekside Subdivision , reminded the Board that Rezoning Case 07 - 4 and 07 - 18 were recently denied for this area due to concerns with traffic Mr Fuller noted even with the realignment , the residents are still concerned about access and the safety of the intersection Mr Fuller also stated he was concerned with possible environmental hazards to the creek as a result of more development In response to questions from Commissioner Mims , Mr Fuller stated he was concerned with the sharp turn near the intersection and he was opposed to Creekside Subdivision having access at the traffic light Mr Fuller also noted one other main concern is the uncertainty of what may be constructed in the development and stated no one in his subdivision has been contacted about what type of community businesses are needed At Mr Fuller’s request , approximately 15 people raised their hands in opposition to the rezonings Commissioner Jeffrey P Carver stated Community Business would mainly help to address daily conveniences and asked if Mr Fuller would rather see houses than community business on the property Mr Fuller stated he would rather see houses on the property versus commercial buildings that may sit idle He also stated some of the items allowed under community business include carwashes and car repair businesses and he and his neighbors did not want that in their area Commissioner Carver noted there are people who do like the types of services that Community Business offers ; however , he was concerned with the traffic situation and felt the road should have been four - laned already Steve Templeton , 105 Kings Court , Garner , Creekside Subdivision , addressed the Board opposed to the rezonings Mr Templeton stated Son - Lan did not contact any of the residents in Creekside concerning what type of development they would like to see and he felt the process needed to change so that the community is allowed to speak first to say what is needed Mr Templeton informed the Board that traffic was a big concern and he questioned the suitability of the site for business development Mr Templeton asked the Board to consider how this would affect the area and how to bring the community in up front to decide what is best for development Joy Jones , 116 Shenstone Lane , Drayton Downs Subdivision , voiced her concerns with traffic at the intersection and stated there was another development coming just north of the area that would offer community business Ms Jones asked for better planning for the area Mr Gray reported the Planning Board recommended approval of Case 07 - 15 from Agricultural Residential AR to General Business - Special Use District GB - SUD and reiterated the special use would require the applicant to bring a proposed use back to the Board within one year There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 15 Decision on Rezoning Case 07 - 15 Case 07 - 15 Petition to rezone a 398 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 Special Use District GB - SUD Tax ID 06D02003 Owner Lottie D Gurganus Applicant Son - Lan Development Commissioner Allen L Mims , Jr stated the Department of Transportation is currently addressing the road improvements for safety as well as deceleration lanes to handle the amount of traffic already on this road and for that , he appreciated the developer purchasing the land so the road could be rerouted Commissioner Mims reiterated the DOT engineers decided these improvements would allow for a safer intersection and he felt the 398 acre tract would be better suited for business development , and moved the Board approve rezoning case 07 - 15 , to rezone a 398 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 Special Use District GB - SUD Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 07 - 33 Case 07 - 33 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 Community Business - Special Use District CB - SUD Tax ID 06D02005 Owner Applicant Son - Lan Development Page2476 November 5 , 2007 – 6 00 pm Continued Planning Director Berry Gray 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 Community Business - Special Use District CB - SUD Mr Gray noted the special use would require the applicant to come back before the Board with a specific use within one year There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 33 Decision on Rezoning Case 07 - 33 Case 07 - 33 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 Community Business - Special Use District CB - SUD Tax ID 06D02005 Owner Applicant Son - Lan Development Commissioner Jeffrey P Carver stated he agreed with Commissioner Allen L Mims , Jr on the previous rezoning ; however , in Case 07 - 33 , community business is not something the residents want , and moved the Board deny rezoning case 07 - 33 , 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 Community Business - Special Use District CB - SUD Commissioner W Ray Woodall seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Allen L Mims , Jr , W Ray Woodall , Jeffrey P Carver , DeVan Barbour , and Tony Braswell Nays Commissioner Wade M Stewart The Chairman reopened the Rezoning Hearing for Case 07 - 28 Case 07 - 28 Petition to rezone a 613 acre tract located at 3420 Woods Crossroads Road SR 1005 , th approximately 3 10 of a mile south of its intersection with Drag Strip Road SR 1107 from Community Business CB to Agricultural Residential AR in Banner Township Tax ID 01F12061 Applicant Owner Wendell Parker Planning Director Berry Gray stated this was a petition to rezone a 613 acre tract located at 3420 th Woods Crossroads Road SR 1005 , approximately 3 10 of a mile south of its intersection with Drag Strip Road SR 1107 from Community Business CB to Agricultural Residential AR in Banner Township Mr Gray noted this was a down - zoning to Agricultural Residential The property was zoned Community Business when zoning in Johnston County was first initiated to accommodate a cabinet shop on the property ; however , the cabinet shop is no longer on the property and does not require the Community Business zoning classification There being no further comments , the Chairman recessed the Rezoning Hearing for Case 07 - 28 Decision on Rezoning Case 07 - 28 Case 07 - 28 Petition to rezone a 613 acre tract located at 3420 Woods Crossroads Road SR 1005 , th approximately 3 10 of a mile south of its intersection with Drag Strip Road SR 1107 from Community Business CB to Agricultural Residential AR in Banner Township Tax ID 01F12061 Applicant Owner Wendell Parker Commissioner DeVan Barbour moved the Board approve rezoning case 07 - 28 , to rezone a 613 acre th tract located at 3420 Woods Crossroads Road SR 1005 , approximately 3 10 of a mile south of its intersection with Drag Strip Road SR 1107 from Community Business CB to Agricultural Residential AR in Banner Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 07 - 29 Case 07 - 29 Petition to rezone a 084 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located on Cleveland Road SR 1010 , which is approximately ¼ of a mile from the intersection with Josephine Road SR 1528 in Cleveland Township Tax ID 06F04004L Applicant Ken Stephenson Owner Cleveland Community Church , Inc C3 Page3477 November 5 , 2007 – 6 00 pm Continued Planning Director Berry Gray stated this was a petition to rezone a 084 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located on Cleveland Road SR 1010 , which is approximately ¼ of a mile from the intersection with Josephine Road SR 1528 in Cleveland Township Mr Gray noted a special use application was involved with the case to allow for church services , a coffee shop , and bookstore Mr Gray pointed out that a church is allowed under Agricultural Residential ; however , Community Business is required for the coffee shop use and the part of the church housing the coffee shop and bookstore would be the only section rezoned Community Business Special Use District Applicant Ken Stephenson addressed the Board as staff for the Cleveland Community Church Mr Stephenson stated the rezoning is necessary so the church can have a coffee shop and signage for a research center Mr Gray reported the Planning Board recommended approval of Case 07 - 29 from Agricultural Residential AR to Community Business - Special Use District CB - SUD There being no further comments , the Chairman closed the Rezoning Hearing for Case 07 - 29 Decision on Rezoning Case 07 - 29 Case 07 - 29 Petition to rezone a 084 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located on Cleveland Road SR 1010 , which is approximately ¼ of a mile from the intersection with Josephine Road SR 1528 in Cleveland Township Tax ID 06F04004L Applicant Ken Stephenson Owner Cleveland Community Church , Inc C3 Commissioner W Ray Woodall moved the Board approve rezoning case 07 - 29 , to rezone a 084 acre tract from Agricultural Residential AR to Community Business Special Use District CB - SUD located on Cleveland Road SR 1010 , which is approximately ¼ of a mile from the intersection with Josephine Road SR 1528 in Cleveland Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 07 - 29 Case 07 - 29 Application to allow for church services , bookstore , and coffee shop Applicant Ken Stephenson Owners Cleveland Community Church , Inc Those wishing to speak on Special Use Case 07 - 29 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 church services , a bookstore , and coffee shop Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 07 - 29 on July 31 , 2007 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 September 18 , 2007 , the Johnston County Planning Board held a public hearing regarding Special Use Case 07 - 29 and made the following recommendations Page4478 November 5 , 2007 – 6 00 pm Continued Upon a motion by Mr Browder , seconded by Mr Gathers , and carried unanimously 9 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 07 - 29 , based on and subject to the following findings of fact and 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 Additional use to existing church , ie coffee shop and bookstore will not be detrimental to public safety and welfare Staff Proposed use is part of an approved site plan dated August 2006 , which is currently under construction , near completion The coffee shop and bookstore were approved as part of the site plan , under the understanding it would be used for the patrons of the church If operated for the general public use , it will continue to be located , designed , and operated in a safe manner for the public’s general welfare 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 The use will comply with all regulations and laws Staff Both worship centers and businesses such as a coffee shop and bookstore are allowable uses in the Community Business Zoning District These uses are intended to provide for the development of commercial and service areas that serve the daily convenience and personal needs of the surrounding area 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 There will be landscape plantings and the building and parking will enhance adjoining properties Staff Landscape requirements will need to be updated to a Class B buffer to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The church wishes to abide by any restrictions proposed by the board Staff All requirements of the currently approved site plan including Public Utilities , Building Inspections , and NCDOT along with such conditions as placed by the board s will be complied with Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Must comply with all required NCDOT traffic improvements 3 Must meet DOT required driveway permitting prior to the recording of the Special Use Permit 4 Hours of operation 6am - 10pm , seven days a week 5 Food establishment will be required to obtain proper permits with Environmental Health 6 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 7 Signage must comply with the sign code and obtain proper permits ; no signage other than the Church ground sign and what is on the building as presented in the packet ; no detached signage advertising the coffee shop or bookstore 8 Liability insurance including a commercial policy to cover the commercial enterprises 9 Parking for the commercial uses marked accordingly Mr Gray reiterated the rezoning would only include the part of the building that would house the bookstore and coffee shop area Mr Gray reviewed with the Board the special use conditions In response to a question from Commissioner Tony Braswell , Mr Gray reported the appropriate left turn deceleration lanes would be required by the Department of Transportation Applicant Ken Stephenson stated he did understand the special conditions and the requirements by the DOT for turn lanes would be followed Mr Gray reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the special use application for case 07 - 29 to allow for church services , bookstore , and a coffee shop There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 29 Decision on Special Use Case 07 - 29 Case 07 - 29 Application to allow for church services , bookstore , and coffee shop Applicant Ken Stephenson Owners Cleveland Community Church , Inc Based on the following findings of fact and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Applicant Ken Stephenson to allow for church services , bookstore , and a coffee shop located on Cleveland Road SR 1010 , which isPage5479 November 5 , 2007 – 6 00 pm Continued approximately ¼ of a mile from the intersection with Josephine Road SR 1528 in Cleveland Township Commissioner Jeffrey P Carver 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 ; Additional use to existing church , ie coffee shop and bookstore will not be detrimental to public safety and welfare Proposed use is part of an approved site plan dated August 2006 , which is currently under construction , near completion The coffee shop and bookstore were approved as part of the site plan , under the understanding it would be used for the patrons of the church If operated for the general public use , it will continue to be located , designed , and operated in a safe manner for the public’s general welfare 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 ; The use will comply with all regulations and laws Both worship centers and businesses such as a coffee shop and bookstore are allowable uses in the Community Business Zoning District These uses are intended to provide for the development of commercial and service areas that serve the daily convenience and personal needs of the surrounding area 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 ; There will be landscape plantings and the building and parking will enhance adjoining properties Landscape requirements will need to be updated to a Class B buffer to maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The church wishes to abide by any restrictions proposed by the board All requirements of the currently approved site plan including Public Utilities , Building Inspections , and NCDOT along with such conditions as placed by the board s will be complied with Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Must comply with all required NCDOT traffic improvements 3 Must meet DOT required driveway permitting prior to the recording of the Special Use Permit 4 Hours of operation 6am - 10pm , seven days a week 5 Food establishment will be required to obtain proper permits with Environmental Health 6 Any security lighting must be dark sky lighting and engineered so as not to shine onto adjacent properties 7 Signage must comply with the sign code and obtain proper permits ; no signage other than the Church ground sign and what is on the building as presented in the packet ; no detached signage advertising the coffee shop or bookstore 8 Liability insurance including a commercial policy to cover the commercial enterprises 9 Parking for the commercial uses marked accordingly The Chairman reopened the Special Use Hearing for Case 04 - 30 Case 04 - 30 Application to modify a Special Use Permit for the commercial shopping center located at the southwest corner of NC Hwy 50 and NC Hwy 42 , in Cleveland Township , to include two additional outparcels for a gas station and a fast - food restaurant Tax ID 06D02016T Applicant Regency Centers , LP Asa Harris Owner Middle Creek Commons , LLC Those wishing to speak on Special Use Case 04 - 30 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is a modification to the original permit to include two additional outparcels for a gas station and a fast - food restaurant Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 30 on August 21 , 2007 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 Page6480 November 5 , 2007 – 6 00 pm Continued • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On September 18 , 2007 , the Johnston County Planning Board held a public hearing regarding Special Use Case 04 - 30 and made the following recommendations Upon a motion by Mr Gathers , seconded by Mr DeLaine , and carried unanimously 9 - 0 , the Planning Board voted to recommend approval of the Special Use Permit modification , Case 04 - 30 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The property has been granted site plan approval for a shopping center consisting of a grocery store of approximately 49,495 square feet , in – line shops of 24,000 square feet , and a bank of approximately 4,200 square feet The bank occupies an outparcel , while the remainder of the uses are on one parcel The proposed Special Use Permit would permit the development of two additional outparcels , one to house a convenience store with gasoline pumps , and one to house a fast - food restaurant The center has been designed to meet the requirements of Johnston County with regard to access to Hwy 42 and Hwy 50 , appropriate buffering of the abutting properties , required parking , and the required environmental improvements , such as stormwater retention and protection of the wetland The uses proposed for this center will provide a convenient location for the residents of the area to meet their daily shopping needs , without having to travel to the congested area surrounding the I - 40 interchange , thereby reducing travel time and increasing the opportunity for nearby residents to shop by means other than vehicular transportation , including on foot and by bicycle Staff The addition of two outparcels for a gas station and fast - food restaurant , in conjunction with the approved site plan for the shopping center , will be operated to maintain the public’s health , safety , and general welfare All county agencies have approved their current site plan and will ensure the same is done for a revised plan 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 proposed use of the property , as a shopping center with three outparcels , complies with all of the requirements of the Land Development Code and other ordinance and regulations , including State and Federal regulations The shopping center and one outparcel have received site plan approval and this request merely creates two additional outparcels , while not increasing the land area of the center Should the property remain as one parent parcel and one outparcel , or be subdivided into one parent parcel and three outparcels , the impact of the development on the surrounding properties will remain the same Only the proposed subdivision of the property is under consideration for amendment , not the use or development of the property Staff The proposed additional uses fit well with the intensity and allowable uses within the existing General Business Zoning District The shopping center along with the outparcels will provide a daily convenience for the needs within the immediate area , as well as countywide 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 addition of two outparcels to the approved shopping center will not have a negative effect on the neighboring properties The approved shopping center adds value to the area by providing shopping opportunities that meet the daily needs of the surrounding neighborhoods without requiring the residents to travel to the busy I - 40 interchange area The addition of the planned two outparcels will permit further services to be offered to the surrounding community Staff Landscape buffering requirements for this shopping center are 2x and 15x the normal requirements for a GB zoning district This will provide an ample buffer to maintain or enhance the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The approved shopping center meets all of the requirements of the applicable codes , plans , and ordinances The General Business zoning classification is appropriate for the planned center The additional two outparcels will meet the requirements of the applicable codes and ordinances as well The approved shopping center plans included two areas that were left undeveloped no parking , no building , no other use planned , so these additional two outparcels were contemplated in the original design of the center The approved shopping center plans provide utilities and stormwater management for these planned outparcels as well , so these two outparcels merely complete the original plans for the center Staff The proposed development will comply with all codes and regulations along with any requirements as placed 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 Submission of a unified sign plan for review and approval by Planning and Zoning Staff 4 Where applicable all driveways streets shall align with driveways streets on opposing sides of thoroughfares Page7481 November 5 , 2007 – 6 00 pm Continued 5 Installation of a 2 x Class C buffer along the southern property line and installation of a 15 x Class C buffer along the remaining property lines 6 Stormwater Plan must be updated to include the additional uses [ Note Modifications and additions noted in bold and italics ] Mr Gray stated Special Use Case 04 - 30 came before the Board several years ago as Middle Creek Commons and construction is nearly complete on the development The addition of two outparcels would not change the access or traffic pattern and the applicant will use existing access points currently in place Mr Gray reviewed the revised special conditions with the Board and stated there was little change to the plan other than the addition of the two outparcels Commissioner DeVan Barbour questioned the buffer requirement in the special conditions and asked why the 15 x Class C buffer was required on the property lines along the road Mr Gray reported it is unusual ; however , the design manual does allow for a 15 x Class C buffer He stated at the time of the original approval , there may not have been enough review into the requirement by the original developer Beth Lewis , Engineer for Regency Centers , representing the applicant , reported the request is simply to amend the special use application to allow the two additional outparcels She noted a fast - food restaurant and convenience store with gas pumps would be located on the parcels Ms Lewis stated the traffic improvements in the area were built with the addition of these two outparcels in mind Mr Gray reported based on the findings of fact with the special use conditions , the Planning Board recommended approval of the modification to the special use application for case 04 - 30 to modify the Special Use Permit to include two additional outparcels for a gas station and a fast - food restaurant There being no further comments , the Chairman closed the Special Use Hearing for Case 04 - 30 Decision on Special Use Case 04 - 30 Case 04 - 30 Application to modify a Special Use Permit for the commercial shopping center located at the southwest corner of NC Hwy 50 and NC Hwy 42 , in Cleveland Township , to include two additional outparcels for a gas station and a fast - food restaurant Tax ID 06D02016T Applicant Regency Centers , LP Asa Harris Owner Middle Creek Commons , LLC After further discussion on the 15 x Class C buffer requirement in the special conditions , it was noted that this buffer has already been installed as it was a part of the original permit Based on the following findings of fact and the special use conditions , Commissioner W Ray Woodall moved the Board authorize the Planning Department to modify the Special Use Permit 04 - 30 to include two additional outparcels for a gas station and a fast - food restaurant Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The property has been granted site plan approval for a shopping center consisting of a grocery store of approximately 49,495 square feet , in – line shops of 24,000 square feet , and a bank of approximately 4,200 square feet The bank occupies an outparcel , while the remainder of the uses are on one parcel The proposed Special Use Permit would permit the development of two additional outparcels , one to house a convenience store with gasoline pumps , and one to house a fast - food restaurant The center has been designed to meet the requirements of Johnston County with regard to access to Hwy 42 and Hwy 50 , appropriate buffering of the abutting properties , required parking , and the required environmental improvements , such as stormwater retention and protection of the wetland The uses proposed for this center will provide a convenient location for the residents of the area to meet their daily shopping needs , without having to travel to the congested area surrounding the I - 40 interchange , thereby reducing travel time and increasing the opportunity for nearby residents to shop by means other than vehicular transportation , including on foot and by bicycle The addition of two outparcels for a gas station and fast - food restaurant , in conjunction with the approved site plan for the shopping center , will be operated to maintain the public’s health , safety , and general welfare All county agencies have approved their current site plan and will ensure the same is done for a revised plan 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 ;Page8482 November 5 , 2007 – 6 00 pm Continued The proposed use of the property , as a shopping center with three outparcels , complies with all of the requirements of the Land Development Code and other ordinance and regulations , including State and Federal regulations The shopping center and one outparcel have received site plan approval and this request merely creates two additional outparcels , while not increasing the land area of the center Should the property remain as one parent parcel and one outparcel , or be subdivided into one parent parcel and three outparcels , the impact of the development on the surrounding properties will remain the same Only the proposed subdivision of the property is under consideration for amendment , not the use or development of the property The proposed additional uses fit well with the intensity and allowable uses within the existing General Business Zoning District The shopping center along with the outparcels will provide a daily convenience for the needs within the immediate area , as well as countywide 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 addition of two outparcels to the approved shopping center will not have a negative effect on the neighboring properties The approved shopping center adds value to the area by providing shopping opportunities that meet the daily needs of the surrounding neighborhoods without requiring the residents to travel to the busy I - 40 interchange area The addition of the planned two outparcels will permit further services to be offered to the surrounding community Landscape buffering requirements for this shopping center are 2x and 15x the normal requirements for a GB zoning district This will provide an ample buffer to maintain or enhance the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The approved shopping center meets all of the requirements of the applicable codes , plans , and ordinances The General Business zoning classification is appropriate for the planned center The additional two outparcels will meet the requirements of the applicable codes and ordinances as well The approved shopping center plans included two areas that were left undeveloped no parking , no building , no other use planned , so these additional two outparcels were contemplated in the original design of the center The approved shopping center plans provide uti