November 10, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 511 Meeting of the Johnston County Board of Commissioners November 10 , 2003 The Johnston County Board of Commissioners met in regular session Monday , November 10 , 2003 , at 7 00 pm in the Commissioners ’ Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments - No one spoke at this time 1 Tabled Rezoning Cases - Decisions Pending A Case 03 - 09 Petition to rezone five parcels totaling approximately 1715 acres located off US 701 South and Devil’s Racetrack Road SR 1009 in Ingrams Township from Interstate Highway Interchange District Overlay District to Agricultural - Residential Owners and Applicants Jeanette Allen Massengill , Dianne Massengill Wilkinson , Clifford Bailey Massengill and Robert Craig Massengill This case was originally heard on May 12 , 2003 and again on June 9 , 2003 , at which time a decision was tabled It was noted the Board has since agreed to consider this and similar cases on an individual basis Commissioner Cookie Pope asked how this case , if approved , would affect the property owner’s taxes County Manager , Rick Hester , noted there would be no effect on the taxes this year , but it would have an effect beginning in 2004 In response to a question from Commissioner Allen L Mims , Jr it was noted the Tax Department will pick up the information on the zoning map and will send out notices to property owners Decision on Rezoning Case 03 - 09 Case 03 - 09 Petition to rezone five parcels totaling approximately 1715 acres located off US 701 South and Devil’s Racetrack Road SR 1009 in Ingrams Township from Interstate Highway Interchange District Overlay District to Agricultural - Residential Owners and Applicants Jeanette Allen Massengill , Dianne Massengill Wilkinson , Clifford Bailey Massengill and Robert Craig Massengill Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board approved the rezoning of case 03 - 09 of five parcels totaling approximately 1715 acres located off US 701 South and Devil’s Racetrack Road SR 1009 in Ingrams Township from Interstate Highway Interchange District Overlay District to Agricultural Residential for owners Jeanette Allen Massengill , Dianne Massengill Wilkinson , Clifford Bailey Massengill and Robert Craig Massengill B Case 583 Petition to rezone approximately two areas totaling 360 + - square feet each located on NC 42 from Agricultural - Residential to General Business - Special Use District Two outdoor advertising signs Owner Glen Ford , Sr Applicant Don Hull d b a Speedy Signs Planning Director , Steven Finn , reminded the Board of the location of the property and the surrounding zoning He noted a decision on this case was tabled until a court case on a similar request was determined The Chairman agreed to re - open the Rezoning Public Hearing for Case 583 to give the applicant an opportunity to review his request NOTE Public Hearing was originally held on May 13 , 2002 Applicant Don Hull reviewed with the Board the circumstances leading up to his request for rezoning He noted when he decided to put outdoor advertising signs up , he believed he was in compliance with the rules and ordinances of Johnston County He handed the Chairman a copy of several documents , which he referenced in explaining his situation In 1999 , he was told by the Planning Department that he could put signs on NC 42 andPage512 November 10 , 2003 Continued was issued land - use and building permits later that year When he started to build the structures early in 2000 , a stop order was issued and his permits were revoked by the County , with the explanation that they were issued in error because the property was not properly zoned Since that time , the ordinance has changed , and there are new regulations He maintained he has been treated unfairly as other properties on NC 42 have been rezoned since that time from Agricultural Residential AR to commercial and general business , and a much larger company was allowed to renew their permits after the new regulations went into effect He stated he is a small businessman with only 10 billboards , and if he is required to remove the ones in question it would be half of his income Commissioner Wade M Stewart suggested the need to review the chronological order of events in Mr Hull’s case He offered the following time line lt; November 1999 Mr Hull applied for and received land - use and building permits for two billboards lt; February 2000 a stop work order was issued on construction of the billboards and the permits were revoked with explanation the permits were issued in error because the property was not zoned properly Commissioner Stewart stopped at this point and asked the Attorney and Planning Staff if the property was rezoned prior to the new ordinance September 2000 could a person lawfully put billboards on NC 42 Attorney Mark Payne responded that if a property was correctly zoned and met other requirements , the old ordinance would allow billboards on NC 42 Commissioner Stewart asked Mr Hull why he did not seek rezoning at the time the permits were revoked Mr Hull responded he was depending on his attorneys at the time , and subsequently went to the Board of Adjustments and then to Superior Court on the matter When he did request rezoning in February 2002 , he was told the ordinance had changed and billboards were no longer permitted on NC 42 He pointed out that when he received the permits in November 1999 , there was no mention of there being a problem with the AR zoning , and he was told he did not need a special use permit In his opinion , he should not have to pay for the County’s mistake , and should have been recognized as having a vested right since he had already begun construction At the request of Board members , Mr Payne defined “ vested right , ” according to case law including Town of Hillsborough v Smith as follows When a person has made a significant investment in reliance upon a validly issued permit , that person has a vested right and is allowed to continue to operate under that permit ; however , where the permit was not validly issued , no vested right exists Larue Hull , wife of the applicant , asked how Tri - State was able to keep their four signs since they had let their permits lapse and did not renew them until after the ordinance changed She asked why they were considered to have vested rights and she and her husband were not She also asked where in the old ordinance it said billboards were not allowed on property zoned AR Mr Payne explained that Tri - State had validly issued land - use permits , which did not expire Their building permits , however , did expire when they did not call for an inspection on the site for over six months When Tri - State renewed the building permits in September 2000 , the building inspector temporarily stopped construction , apparently thinking the permits were new and therefore subject to the new ordinance After looking into the matter , it was determined Tri - State did have vested rights as they had spent a significant amount of money on the projects , in reliance upon validly issued landuse permits they received in early 2000 Mr Hull’s landuse permit was never a valid permit as it was issued in error In answer to her second question , Mr Payne noted the old ordinance stated that no land could be used except for uses that were specifically authorized for the zoning designation of the land Billboards were not listed as a permissible use on property zoned AR ; therefore , they billboards were not allowed on Mr Ford’s property Teresa Daughtry asked the Board who would reimburse the Hulls for the money they have spent Chairman Langdon pointed out the County originally offered to reimburse the Hulls the money they had spent prior to the County realizing the mistake and stopping the project Mr Hull did not choose to accept that offer and carried the matter into the courts Kemp Treger stated that advertising on one of the billboards has meant a great deal to him as a small businessman in the Clayton area Page513 November 10 , 2003 Continued Johnny Lee , 3924 NC 42 West , stated he signed the complaint because the billboards are located directly across from his home He stated he would like to see this matter settled once and for all Jane Lee , wife of the previous speaker , stated they have been living in their home for 25 years , and now if she sits on her front porch , she has to look at billboards She noted it has been pointed out there are other businesses nearby , however , they are down the road from them - not directly in front of her home the way the billboards are Eric Neal , sign manager and installer , noted that not only is Don Hull a small businessman affected by this , but there are four other businesses that need the advertisement He asked the Board to help out the small businesses At this time , the Chairman closed the Rezoning Public Hearing for Case 583 Decision on Rezoning Case 583 Case 583 Petition to rezone approximately two areas totaling 360 + - square feet each located on NC 42 from Agricultural - Residential to General Business - Special Use District Two outdoor advertising signs Owner Glen Ford , Sr Applicant Don Hull d b a Speedy Signs Commissioner Allen L Mims , Jr noted that after having the Supreme Court uphold the County’s position on a similar case , he could not see how the County could approve this He also pointed out that the signs would not be allowed under the new ordinance anyway Based on these facts , Commissioner Mims moved the Board deny the rezoning of case 583 of approximately two areas totaling 360 + - square feet on NC 42 from Agricultural - Residential to General Business - Special Use District for owner Glen Ford , Sr and applicant Don Hull d b a Speedy Signs Commissioner Jeffrey P Carver seconded the motion Discussion Commissioner Thomas M Moore stated he sees this as a matter of law , and the Commissioners have the responsibility to uphold the law Commissioner W Ray Woodall stated he has a problem with the issue of vested rights He noted Mr Hull dug holes for the signs under the impression his permits were valid , and it would look like he had some vested interest He agreed the Board has to uphold the law , but wondered if there could have been some compromise Commissioner Cookie Pope agreed and noted it would have been good if Mr Hull had applied for rezoning before the ordinance changed Following discussion , the motion carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Thomas M Moore , Jeffrey P Carver Nays Cookie Pope and W Ray Woodall C Case 03 - 40 The Chairman re - opened the Rezoning Public Hearing for Case 03 - 40 NOTE Public Hearing originally held on October 13 , 2003 Case 03 - 40 Petition to rezone approximately three acres located on Hickory Grove Church Road SR 1333 in Elevation Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 07G08007C Petitioner Timothy R Langdon Owner George R Langdon Chairman Langdon noted the public hearing on this case was held last month and a decision tabled in order for the applicant to provide more detailed information and work with his neighbors Renee Langdon , wife of the petitioner , presented a new site plan and offered to answer any questions George Langdon , owner of the property , stated his son wants to have this camp for boys and girls They have never had any problems and do not want to damage any other person’s property Page514 November 10 , 2003 Continued Charles Brewer stated he was not opposed to the camp and wants to work with the Langdons ; however he does have a problem with the location of the camp as it is so close to his property line He noted he was under the impression the Langdons were supposed to get with his family prior to this meeting to see if something could be worked out Although Tim Langdon did try to contact him last week when he was out of town , he only got a chance to talk to him briefly earlier today He stressed he has not seen the new site plan , but it appears to be at the same location , which he is opposed to Bill Brewer , Charles Brewer’s uncle who also owns a portion of the Brewer property , stated he too was under the impression the Langdons were supposed to talk to his family before this meeting He noted in looking at the site plan , he does not see a dedicated easement to the camp Later in the discussion it was noted the path is entirely on Mr Langdon’s father’s property Doug Bowman and Ed Langdon , nearby property owners on King Mill Road , supported the rezoning Lila Marco of Cary also supported the rezoning and noted she sent her sons to Camp Flintlock and one of them has worked at the camp as well The camp helps young people develop character and provides an opportunity to learn basic skills from men of good character Priscilla Redcliff from Wake County agreed and stated her son matured tremendously by attending the camp Graydon Stephenson , who works at Camp Flintlock , stated this type of camp is found all over the United States They teach traditional American values such as integrity , respect for elders , commitment to community , and the importance of choosing friends wisely The camp brings people from all over to Johnston County , and supplies are purchased locally , which helps the economy He stressed they always try to be respectful of the surrounding properties He asked the Board to approve the rezoning In response to a comment from Commissioner Thomas M Moore who stated he would still like to see some metes and bounds of the three acres for the camp , Tim Langdon noted he was told he would not need a survey until after the rezoning and permit was approved Commissioner Wade M Stewart asked Mr Finn what is required when someone is asking for rezoning on only a small portion of a larger tract Mr Finn stated the general site plan is used until the rezoning is approved , then the applicant is required to have a detailed site plan that is subsequently recorded In response to a question from Board members concerning the distance from the proposed campsite to the Brewer’s property line , it was noted there is approximately 43 feet from the closest camp structure Commissioner Wade M Stewart noted that he , too , understood from the discussion at the last meeting that the Langdons were to provide a more detailed site plan and work with the Brewers to possibly relocate the camp to give a greater distance from Mr Brewer’s property He questioned why this would be a problem for the Langdons considering the amount of property they own He noted he would like to see the land for himself and suggested the case might need to be tabled Tim Langdon responded that much of his father’s land is swamp and not suitable for a campsite Also , just beyond the proposed site , the land slopes considerably Commissioner W Ray Woodall suggested Mr Brewer might consider moving his future home site further from the line and noted it would be good if both parties would compromise Albert Brewer , Charles Brewer’s father , stated there is a branch that runs through the property , and his son plans to build his house behind the branch He invited the Commissioners to visit the property There being no further comments , the Chairman closed the Rezoning Hearing for Case 03 - 40 Decision on Rezoning Case 03 - 40 Case 03 - 40 Petition to rezone approximately three acres located on Hickory Grove Church Road SR 1333 in Elevation Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 07G08007C Petitioner Timothy R Langdon Owner George R Langdon PagePage pageNumber5515 November 10 , 2003 Continued Motion to Table Fails Commissioner Wade M Stewart moved the Board table a decision on rezoning case 03 - 40 for thirty days Commissioner Cookie Pope seconded the motion Discussion Commissioner Jeffrey P Carver stated he has visited the property and feels that it should be easy to work out a solution without postponing a decision He suggested the permit could stipulate how far the camp has to be from the property line , perhaps 100 feet Commissioner Thomas M Moore asked the Langdons if they would have a problem with a 100 buffer Mr Langdon stated it would be costly if he was required to move the camp that far Commissioner Allen L Mims , Jr pointed out a farming operation has to be at least 50 from a property line or 100 from a residence He suggested the camp would , in his opinion , be more intensive than a farm building , and stated he would feel comfortable with a 100 buffer , stipulations about when the guns could be fired , and a dedicated easement for the path even though the property belongs to the family Vote The motion failed by the following vote Ayes Wade M Stewart and Cookie Pope Nays James H Langdon , Jr , Allen L Mims , Jr , Thomas M Moore , Jeffrey P Carver and W Ray Woodall Motion to approve Rezoning Commissioner Allen L Mims , Jr moved the Board approved the rezoning of case 03 - 40 of approximately three acres located on Hickory Grove Church Road SR 1333 in Elevation Township from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD for owner George R Langdon and petitioner Timothy R Langdon , with the understanding that conditions will be placed on the special use permit Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Permit Hearing for Case 03 - 40 Advertised - In the Smithfield Herald - October 28 , November 4 , 2003 Certified letters were mailed to adjoining property owners on October 30 , 2003 and notices posted at the locations on October 23 , 2003 Case 03 - 40 Special Use Permit Application to allow for the operation of a wilderness outdoor life camp Applicant Timothy R Langdon Owner George R Langdon Those wishing to speak on special use permit case 03 - 40 were sworn in by the Clerk to the Board Mr Finn entered the following summary of evidence on case 03 - 40 into the record A pre - application consultation was held with the applicant for Case 03 - 40 on July 21 , 2003 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 exercises 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 Depart 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 August 19 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use case 03 - 40 and recommended approval based on the following findings of fact and attached conditions Finding of Facts 1 That the use of development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety and general welfare ;PagePage pageNumber6516 November 10 , 2003 Continued 2 That the use of development appears to comply with all required use and intensity regulations of Article II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 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 ; and 5 That the use provides a unique and valuable recreation for Johnston County and its surrounding communities Special Conditions 1 Petitioners will obtain all necessary Heath Department permits as determined by the Environmental Health Division Supervisor 2 Submission of appropriate liability insurance for Department files 3 No more than 10 campers per acre , maximum of 30 campers 4 Adequately mark property lines between Mr Brewer’s property and Mr Langdon’s property Charles Brewer stated he would have no problem with this request if a 100 setback from the property line and a dedicated easement for the path is required Graydon Stephenson stated that no one from the camp goes across any property lines and adults are with the campers at all times In response to a question from Commissioner Allen L Mims , Jr concerning the firing of weapons , he noted this is usually done only two days a week for approximately one to two hours Each camper gets one shot only Tim Langdon noted that only one weapon is shot at a time and the exercise is supervised He pointed out on the site plan where the firing range is located and noted it is away from the camp in the opposite direction from the Brewer’s property and not open to the public Commissioner Mims voiced some concern that the firing range was not within the three acres to be rezoned Attorney Mark Payne stated the Board could approve as an ancillary area the existing firing range as a condition to the special use permit and state that the firing of weapons must be done at this location , which must be clearly marked on the detailed site plan as the designated firing range There being no further comments , the Chairman closed the Special Use Hearing for Case 03 - 40 Based on the following findings of fact , and with conditions attached , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for case 03 - 40 to allow for the operation of a wilderness outdoor life camp on approximately three acres on Hickory Grove Church Road in Elevation Township for applicant Timothy R Langdon Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of Fact 1 That the use of development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety and general welfare ; 2 That the use of development appears to comply with all required use and intensity regulations of Article II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 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 ; and 5 That the use provides a unique and valuable recreation for Johnston County and its surrounding communities Special Conditions 1 Petitioners will obtain all necessary Health Department permits as determined by the Environmental Health Division Supervisor 2 Submission of appropriate liability insurance for Department files 3 No more than 50 campers at any one time 4 Adequately mark property lines between Mr Brewer’s property and Mr Langdon’s property 5 Any portion of the rezoned acreage of the campsite to be a minimum of 100 from the property line PagePage pageNumber7517 November 10 , 2003 Continued 6 A dedicated easement for the path to the campsite 7 Firing of weapons during the AM hours and only at the existing firing range , which must be clearly identified on the detailed site plan as the firing range 2 Public Hearings - Rezoning Cases and Special Use Permit Requests Advertised - In the Smithfield Herald - October 28 , November 4 , 2003 Certified letters were mailed to adjoining property owners on October 30 , 2003 and notices posted at the locations on October 23 , 2003 The Chairman opened the Rezoning Public Hearing on Case 03 - 42 Case 03 - 42 Petition to rezone approximately two acres of a twenty acre parcel of land located on NC Highway 210 in Smithfield Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 15I09031 Petitioner Owner Wilson E Blackmon Mr Finn pointed out the property on the GIS map and noted it is located near the County landfill site The surrounding zoning is Agricultural Residential and Mobile Home Park He stated the Planning Board recommended approval Artie Lupton , representing Petitioner Wilson E Blackmon stated there is an existing bar pit on the site Mr Blackmon has received a permit from the State to use a part of the mine site to treat and process the natural debris A tub grinder will be used for making mulch The Chairman recessed the Rezoning Public Hearing for Case 03 - 42 Decision on Rezoning Case 03 - 42 Case 03 - 42 Petition to rezone approximately two acres of a twenty acre parcel of land located on NC Highway 210 in Smithfield Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 15I09031 Petitioner Owner Wilson E Blackmon Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved the rezoning of case 03 - 42 of approximately two acres of a twenty acre parcel of land located on NC Highway 210 in Smithfield Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD for Petitioner Owner , Wilson E Blackmon The Chairman opened the Special Use Permit Hearing for Case 03 - 42 CASE 03 - 42 Special Use Permit Application to allow for the operation of a land clearing , debris treatment , and processing facility Applicant Wilson E Blackmon Those wishing to speak on special use permit case 03 - 42 were sworn in by the Clerk to the Board Mr Finn entered the following summary of evidence on case 03 - 42 into the record A pre - application consultation was held with the applicant for Case 03 - 42 on August 15 , 2003 At that time , the applicant was informed of the following 1 If approved , applicant must provide to the Planning Office a Site Plan for their review and approval 2 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 3 Applicant will be notified in writing of the Board’s decision 4 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 5 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 6 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 7 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 PagePage pageNumber8518 November 10 , 2003 Continued On September 16 , 2003 , the Johnston County Planning Board held a public hearing regarding rezoning and special use Case 03 - 42 and recommended approval with a vote of 8 - 0 for the Special Use Permit to allow for the operation of a land clearing , debris treatment , and processing facility Finding of Fact 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 4 That the use or development conforms with general plans for the physical development of the Countys Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That the use will provide a needed service to Johnston County and the region surrounding Johnston County Special Conditions 1 Submission of a detailed site plan 2 Vegetative buffer and fencing to be installed in accordance with the Land Development Code 3 Continued grading and maintenance of existing site access 4 Gates must be locked along the NC 210 entrance during non operating hours 5 Hours of operation to be Monday through Friday , 6 00 am to 6 00 pm , Saturday , 9 00 am to 6 00 pm except by order authorized by the County in response to a natural disaster The Chairman closed the Special Use Permit Hearing for Case 03 - 42 Decision on Special Use Permit Application for Case 03 - 42 Case 03 - 42 Special Use Permit Application to allow for the operation of a land clearing , debris treatment , and processing facility Applicant Wilson E Blackmon Based on the following findings of fact , and with conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit for case 03 - 42 to allow for the operation of a land clearing , debris treatment , and processing facility on approximately two acres of a twenty acre parcel of land located on NC Highway 210 in Smithfield Township for applicant Wilson E Blackmon Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman re - opened the Rezoning Public Hearing for Case 03 - 44 Case 03 - 44 Petition to rezone approximately 2623 acres of a 641 acres parcel of land located on New Creech Road SR 1943 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11L06019V Petitioners Owners Simon Segundo - Carmona and Celida German Bojorquez Mr Finn indicated the property on the GIS map and noted it is located near Hwy 96 The surrounding zoning is Agricultural Residential Joseph Avery , 2317 Barbour Road , spoke as an advocate for the Hispanic community concerning the need for soccer fields that would be available for this growing segment of our society He noted soccer is a very important part of the Hispanic culture and is participated in by the entire family As an interested citizen , Mr Avery stated he met with a group of men who belong to a soccer league and discussed their frustration in what appears to be a shrinking number of fields available to them and their impression that the County is not responding to this need In discussion with the Hispanics , Mr Avery stated he pointed out the problems that need to be addressed before fields can be approved , such as litter , security , hours of play , portable toilets , noise control , fencing or other types of buffers between the playing area and nearby residents He noted he was assured the Hispanic community would do whatever is required by them Mr Avery introduced the president of the soccer league , Felipe Rivera , property owner , Simon Segundo and Pastor Abel who has agreed to interpret for both of the gentlemen if needed He asked the Board to approve this request , or at least appoint a committee to look into this matter Commissioner Cookie Pope asked Mr Avery to please convey to the Hispanics that they have not been singled out The Board recently denied a request for a softball field on Government Road , and a Blue Grass festival in the western portion of the County , neither of which involved Hispanics PagePage pageNumber9519 November 10 , 2003 Continued Commissioner Wade M Stewart agreed and noted it is not that the County is trying to deprive any group from having recreational facilities ; however , location is the key When neighbors complain , the County must look at the whole picture and do what is best for all the citizens Each case is decided on its own merit He suggested that staff consider developing rules and guidelines that would be a part of the Land Development Code for this type of situation Mr Avery agreed and noted the league made up of 240 players and their families would welcome guidelines to follow In response to a comment from Commissioner Allen L Mims , Jr , Mr Avery noted the younger generation of Hispanics are participating in school sports ; however , the problem is the large number of young working men who are still actively involved in the sport He noted that Berry Oliver with the YMCA has talked to them about some possible fields , but at this time nothing is definite Commissioner Thomas M Moore questioned whether a soccer field can be compatible with residential development He noted the game is emotional , it gets loud , and there will always be the occasional profanity When you have a league playing , one game ends and another begins , making for long hours He asked if there are leagues who come from outside the County to participate Mr Avery stated most of the players are from Johnston County Dawn Earp , 154 Crooked Branch Drive , which is located in the subdivision behind the property , opposed the rezoning and stated it will decrease the value of her home She complained of loud music , horns blowing and increased traffic in her subdivision when the games are being played She noted she has had to run people out of the woods behind her house who were using the woods as bathroom facilities Ms Earp stated her family moved to this location in 1996 for the peace and quiet Now , the loud noise prevents her from holding a conversation in her yard , keeps her son from taking his nap , and causes her dog to bark incessantly She stated there has been no improvement since this case was first introduced at the Planning Board , and in her opinion , this is not a proper location for a soccer field Larry Blanton , 134 Crooked Branch Drive , stated the soccer field is located adjacent to his back yard The noise prevents him from cooking out or entertaining , and people from the soccer games are using the back of his property for a bathroom He agreed the Hispanics need a place to play , but not in his backyard Carol Buice , 507 New Creech Road , stated she has just built a new home and invested close to 200,000 on the adjacent property She noted Mr Segundo has gone to great lengths to make this work , including installing a fence with a solid tarp beside her property She pointed out the young people sometimes get excited and it is a little overwhelming , but they all go home at dark She stated she would hate to lose Mr Segundo as a neighbor and asked the Board to work with him Charles Sanders , who currently lives in Princeton , stated he owns the tract directly behind the property and shares an access path with Mr Segundo His property line is only 32 from Mr Segundo’s concession stand He has already had the utilities and septic tank installed in order to build a home on his land and plans to have goats and horses He voiced concern that in the case of a fire he would not be able to get in or out because of the crowd He noted the people from the soccer game have been using his property for parking , as many as 38 vehicles at a time , and suggested if approved Mr Segundo would have to find alternate parking space Mr Finn stated the Planning Board recommended approval The Chairman closed the Rezoning Public Hearing for Case 03 - 44 Decision on Rezoning Case 03 - 44 Case 03 - 44 Petition to rezone approximately 2623 acres of a 641 acres parcel of land located on New Creech Road SR 1943 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11L06019V Petitioners Owners Simon Segundo - Carmona and Celida German Bojorquez Motion to Approve Fails for Lack of a Second Commissioner W Ray Woodall noted he has visited the site , and feels that if Mr Segundo follows some strict special conditions , the situation could be workable He moved the Board approve the rezoning of case 03 - 44 The motion failed for lack of a second Page0520 November 10 , 2003 Continued Motion to Deny Rezoning Commissioner Thomas M Moore moved the Board deny the rezoning of case 03 - 44 based on his belief that this type of activity can not be made to be compatible with residential , and based on the fact that the residents were there first Commissioner Wade M Stewart seconded the motion Discussion Commissioner Stewart stated he , too , visited all the properties and does not see any difference in this case and the previous case for Mr & Mrs Torres that was denied last month He stressed again that the key to having this kind of activity is location He suggested there are properties in the County that are suitable ; however in his opinion , the school athletic fields should be open to the general public He suggested the Chairman form a committee to meet with some of the School Board to discuss the use of school facilities Commissioner Moore agreed and stated he does not understand why the Hispanics could not use school fields on the week - ends Commissioner Jeffrey P Carver suggested the Board table the decision until the committee has had a chance to try to work something out He noted if it is denied , the applicant would not be allowed to bring this back to the Board for a period of one year Commissioner Moore questioned if a delay would change anything on this case Commissioner Stewart agreed and noted that tabling offers some ray of hope on the part of the applicant , and he would not want to send false hope when he does not see the facts changing Motion to Deny Rezoning Tabled Following further discussion Commissioner Jeffrey P Carver moved the Board table the motion until the next zoning meeting Commissioner W Ray Woodall seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Jeffrey P Carver and W Ray Woodall Nays Wade M Stewart , Thomas M Moore and Cookie Pope Felipe Rivera asked if the league could use the Segundo fields just to finish a tournament that is already underway Commissioner Mims suggested they work with Mr Oliver at the YMCA to see if they can find another field Committee to Meet with Board of Education Members Concerning Use of School Athletic Fields Commissioner Wade M Stewart moved the Board appoint a committee to meet with members of the Board of Education to discuss the use of athletic facilities at various schools in the County Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman appointed the following Commissioners to serve on the Athletic Facilities Committee Commissioner Stewart , Commissioner Woodall and Commissioner Pope Planning Staff Asked to Draft Possible Code Amendment for Sports Complexes Commissioner Stewart suggested the Planning Staff come up with some guidelines that could become an amendment to the Development Code that would address some guidelines for cases in which the private sector proposes sports complexes for profit or for non - profit There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote _________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage