April 8, 2002 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 829 April 8 , 2002 The Johnston County Board of Commissioners met in regular session , Monday , April 8 , 2002 at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Fred Smith and W Ray Woodall Absent Wade M Stewart Also Present Rick 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 1 Request for Resolution in Support of Current ABC System Swade Carroll , general manager of Alcoholic Beverage Control in Johnston County , addressed the Board on the possible changes that could come in the ABC system due to recent legislation enacted by the General Assembly Senate Bill 166 created a Legislative Alcohol Beverage Control Study Commission to address a number of issues in the current system He voiced concern that one possibility might be a move to privatize and allow a private , for profit , system in the State He noted this could significantly affect local governments as they might lose the revenue which is currently distributed to the towns and county He asked the Board to adopt a resolution in support of the current control system In response to a question from Commissioner Thomas M Moore , Mr Carroll stated the ABC Board supports the current system Commissioner Moore noted he had talked to at least one member who had some mixed feelings on the matter and stated he would like to see the results of the study before any decision was made Commissioner Allen L Mims , Jr suggested it would be appropriate to get the ABC Board to adopt a resolution requesting the Commissioners support the system Mr Carroll agreed to do this 2 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - In the Smithfield Herald - March 26 and April 2 , 2002 Certified letters were mailed to adjoining property owners and notices posted at the locations on March 26 , 2002 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 576 Petition to rezone approximately 14 acres located on Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential to Industrial I - Special Use District Owner Carolina Power and Light ; Applicant Stantec Consulting Assistant Planning Director , Dave Roesler , pointed out the property on the GIS map and noted it is located near Buffalo Road and Wendell Road in Wilder’s Township A number of subdivisions are in the area The surrounding zoning is Agricultural Residential , community business and some old Residential - 20 zoning Robert Pitts of Raleigh , project engineer with CP & L , stated this site is needed for a substation in order to meet the needs of the growth in the area Commissioner Fred Smith noted he lives in the area and agreed this is badly needed to provide good service to the area Mr Roesler stated the Planning Board recommended approval by a vote of 9 - 0 The Chairman Recessed the Rezoning Public HearingPage830 Decision on Rezoning Case 576 Case 576 Petition to rezone approximately 14 acres located on Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential to Industrial I - Special Use District Owner Carolina Power and Light ; Applicant Stantec Consulting Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 576 for owner Carolina Power and Light Company and applicant Stantec Consulting of approximately 14 acres located on Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential to Industrial I - Special Use District The Chairman Opened the Public Hearing On Special Use Permit - Case 576 Those wishing to speak on Case 576 were sworn in by the Clerk to the Board Case 576 Special use permit application for an electrical transmission system substation on approximately 14 acres located on Covered Bridge Road SR 1700 in Wilders Township Applicant Stantec Consulting Mr Roesler introduced into the record the following summary of evidence on Rezoning Case # 576 A pre - application hearing was held with the applicant on January 14 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 February 19 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial I - Special Use District , and recommended a special use permit based on the following findings of fact and condition Findings of fact 1 The proximity of the proposed substation to the existing electrical transmission line will provide for improved service to the Archers Lodge area 2 This request is in response to changed or changing conditions in the particular area 3 Suitable regulations can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions recommended by the Planning Board 1 Class C landscape buffering is required with evergreens Mr Pitts noted the substation would be located approximately 300 feet from Covered Bridge Road and would be completely fenced with added barbed wire Once construction is completed , there should only be one vehicle entering and leaving each day They have agreed to the Class C landscape buffering as recommended by the Planning Board CP & L has received approval from the State In response to a comment from Commissioner Allen L Mims , Jr , Mr Pitts agreed the evergreens would be planted and in place when the substation begins operation The Chairman Recessed the Public Hearing on Special Use Permit - Case 576 Decision on Special Use Permit Case 576Page831 Case 576 Special use permit application for an electrical transmission system substation on approximately 14 acres located on Covered Bridge Road SR 1700 in Wilders Township Applicant Stantec Consulting Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to applicant , Stantec Consulting for an electrical transmission system substation on approximately 14 acres located on Covered Bridge Road SR 1700 in Wilders Township based on the following findings of fact and subject to the following condition Findings of fact 1 The proximity of the proposed substation to the existing electrical transmission line will provide for improved service to the Archers Lodge area 2 This request is in response to changed or changing conditions in the particular area 3 Suitable regulations can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions 1 Class C landscape buffering is required with evergreens The Chairman Re - opened the Rezoning Public Hearing Case 577 Petition to rezone approximately two acres located on NC 50 N in Elevation Township from Agricultural Residential to Industrial I - Special Use District Owner and Applicant Roger Dale Williams Black Creek Development Mr Roesler indicated the property on the GIS map and noted it is located near the I - 40 NC 50 interchange approximately four miles from the Benson ETJ The surrounding zoning is Agricultural Residential , General Business , I - 2 and Mobile Home Park District The Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 577 Case 577 Petition to rezone approximately two acres located on NC 50 N in Elevation Township from Agricultural Residential to Industrial I - Special Use District Owner and Applicant Roger Dale Williams Black Creek Development Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 577 for owner and applicant Roger Dale Williams Black Creek Development of approximately two acres located on NC 50 North in Elevation Township from Agricultural Residential to Industrial I - Special Use District The Chairman Re - opened the Public Hearing on Special Use Permit - Case 577 Those wishing to speak on Case 577 were sworn in by the Clerk to the Board Case 577 Special use permit application for a workshop , mini - storage facility , equipment storage , wholesales of equipment and vehicles on approximately two acres located on NC 50 N in Elevation Township Applicant Roger Dale Williams Black Creek Development Dave Roesler , Assistant Planning Director presented the following summary of evidence on Rezoning Case # 577 A pre - application hearing was held with the applicant on January 22 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirtyPage832 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 January 15 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial I - Special Use District , and recommended a special use permit based on the following findings of fact and conditions Findings of fact 1 This request is in response to changed or changing conditions in the particular area 2 Suitable regulations can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions Recommended by the Planning Board 1 A thirty foot Class C buffer of primarily evergreens be planted along NC 50 and the south side property line 2 The mini storage building may be used in place of the required eight foot solid fence around the outdoor storage areas The Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 577 Case 577 Special use permit application for a workshop , mini - storage facility , equipment storage , wholesales of equipment and vehicles on approximately two acres located on NC 50 N in Elevation Township Applicant Roger Dale Williams Black Creek Development Commissioner Allen L Mims , Jr suggested that wording be added to state the Class C buffering must be in place when the business begins operation In discussion it was noted that staff needs to make sure that all conditions are met in a reasonable length of time , and if this is not possible , the applicant could put up a bond or give a letter of credit until this condition is met Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to applicant Roger Dale Williams Black Creek Development for a workshop , mini - storage facility , equipment storage , wholesales of equipment and vehicles on approximately two acres located on NC 50 N in Elevation Township based on the following findings of facts and subject to the following conditions Findings of fact 1 This request is in response to changed or changing conditions in the particular area 2 Suitable regulations can be placed on the special use permit to assure compatibility with nearby land owners and uses Special Conditions 1 A thirty foot Class C buffering of primarily evergreens be planted along NC 50 and the south side property line 2 The mini storage building may be used in place of the required eight foot solid fence around the outdoor storage areas The Chairman Re - opened the Rezoning Public Hearing Case 579 Petition to rezone approximately one acre located on Barbour’s Chapel Road SR 1348 in Ingrams Township from Agricultural Residential to Industrial I - Special Use District Owners Marty J Strickland and Denise Strickland ; Applicant Leroy Baker Mr Roesler pointed out the property on the GIS map and noted it is near the Town of Four Oaks , close to Old School road The surrounding zoning is Agricultural Residential and General Business The Planning Board recommended approval by a vote of 6 to 2 Those who opposed the rezoning voiced concern about the close relationship between the site of the proposed propane tank and a church on the adjacent property Access to the site was also a concern PagePage pageNumber5833 The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 579 Case 579 Petition to rezone approximately one acre located on Barbour’s Chapel Road SR 1348 in Ingrams Township from Agricultural Residential to Industrial I - Special Use District Owners Marty J Strickland and Denise Strickland ; Applicant Leroy Baker Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 579 for owners Marty J Strickland and Denise Strickland and applicant Leroy Baker of approximately one acre located on Barbour’s Chapel Road SR 1348 in Ingrams Township from Agricultural Residential to Industrial I - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 579 Those wishing to speak on Case 579 were sworn in by the Clerk to the Board Case 579 Special use permit application for an LP gas storage facility on approximately one acre located on Barbour’s Chapel Road SR 1348 in Ingrams Township Applicant Leroy Baker Mr Roesler noted the site has a natural buffer already in place , and additional buffer will be added Staff has worked with Mr Baker about the concerns that were voiced at the Planning Board meeting , and he has agreed to relocate the driveway so that little or no trees will have to be removed He has also moved the location of the tank to the farthest corner of the lot away from the church Mr Roesler presented the following summary of evidence on this case A pre - application hearing was held with the applicant on January 24 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 February 19 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial I - Special Use District , and recommended a special use permit based on the following findings of fact Findings of fact 1 This request is in response to changed or changing conditions in the particular area ; 2 The proposed use would provide a service to the surrounding area ; and 3 Suitable regulations , along with the revisions to the site plan referenced above , can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions Recommended by the Planning Board 1 The site plan must be revised so that driveway be so located to 1 be as far away as possible from the church ; and , 2 construction of the driveway will minimize disruption to existing vegetation 2 The existing natural buffer be left in place and an additional buffer be added to the south side of the property nearest to the church property 3 The propane storage tanks be located in the rear of the proposed site and as far from the church property as possible 4 Hours of Operation will be 8 00 am to 7 00 pm Monday thru Friday and 8 00 am to 2 00 pm on Saturday PagePage pageNumber6834 The Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 579 Case 579 Special use permit application for an LP gas storage facility on approximately one acre located on Barbour’s Chapel Road SR 1348 in Ingrams Township Applicant Leroy Baker Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to applicant Leroy Baker for a LP gas storage facility on approximately one acre located on Barbour’s Chapel Road in Ingrams Township based on the following findings of fact and subject to the following conditions Findings of fact 1 This request is in response to changed or changing conditions in the particular area ; 2 The proposed use would provide a service to the surrounding area ; and 3 Suitable regulations , along with the revisions to the site plan referenced above , can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions 1 The site plan must be revised so that driveway be so located to 1 be as far away as possible from the church ; and , 2 construction of the driveway will minimize disruption to existing vegetation 2 The existing natural buffer be left in place and an additional buffer be added to the south side of the property nearest to the church property 3 The propane storage tanks be located in the rear of the proposed site and as far from the church property as possible 4 Hours of Operation will be 8 00 am to 7 00 pm Monday thru Friday and 8 00 am to 2 00 pm on Saturday The Chairman Re - opened the Rezoning Public Hearing Case 580 Petition to rezone approximately 142 acres located on Church Road SR 1520 in Pleasant Grove Township from Agricultural Residential to Industrial 2 - Special Use District Owner and Applicant Richard Alan Jones , represented by S Vann Sauls , Attorney Mr Roesler indicated the property on the GIS Map and noted it is near I - 40 NC 210 interchange A number of subdivisions are nearby The surrounding zoning is Agricultural Residential , Community Business , General Business , Mobile Home Park , Industrial 1 and Industrial 2 The Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 580 Case 580 Petition to rezone approximately 142 acres located on Church Road SR 1520 in Pleasant Grove Township from Agricultural Residential to Industrial 2 - Special Use District Owner and Applicant Richard Alan Jones ; represented by S Vann Sauls , Attorney Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved rezoning case 580 for owner Richard Alan Jones of approximately 142 acres located on Church Road SR 1520 in Pleasant Grove Township from Agricultural Residential to Industrial 2 - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 580 Those wishing to speak on Case 580 were sworn in by the Clerk to the Board Case 580 Special use permit for a vehicle impound facility on approximately 142 acres located on Church Road SR 1520 in Pleasant Grove Township Applicant Richard Alan Jones , represented by S Vann Sauls , Attorney PagePage pageNumber7835 Mr Roesler entered into the record the following summary of evidence on Rezoning Case # 580 A pre - application hearing was held with the applicant on January 24 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 February 19 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial II - Special Use District , and recommended a special use permit based on the following findings of fact Findings of fact 1 This request is in response to changed or changing conditions in the particular area 2 Suitable regulations can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions Recommended by the Planning Board 1 Existing vegetation to be retained 2 No salvage vehicles allowed and no repairs or removal of parts from vehicles allowed 3 Hours of operation are 7 00 am to 8 00 pm Monday thru Saturday 4 No Signage Attorney Vann Sauls , representing the owner and applicant , stated his client has no problem with the conditions recommended by the Planning Board For clarification , he noted it is their understanding no additional vegetation is needed Mr Roesler agreed The Chairman Recessed the Special Use Permit Hearing - Case 580 Decision on Application for Special Use Permit - Case 580 Case 580 Special use permit for a vehicle impound facility on approximately 142 acres located on Church Road SR 1520 in Pleasant Grove Township Applicant Richard Alan Jones , represented by S Vann Sauls , Attorney Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to applicant Richard Alan Jones for a vehicle impound facility on approximately 142 acres located on Church Road SR 1520 in Pleasant Grove Township based on the following findings of fact and subject to the following conditions Findings of fact 1 This request is in response to changed or changing conditions in the particular area 2 Suitable regulations can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions 1 Existing vegetation to be retained 2 No salvage vehicles allowed and no repairs or removal of parts from vehicles allowed 3 Hours of operation are 7 00 am to 8 00 pm Monday thru Saturday 4 No Signage The Chairman Re - Opened the Rezoning Public Hearing - Case 581PagePage pageNumber8836 Case 581 Petition to rezone two parcels totaling approximately 371 acres located on Church Road SR 1520 in Pleasant Grove Township from General Business - Special Use District to Industrial 2 - Special Use District Owners L F Mills , Jr and Annie Mills ; Applicant Philip Perkins Mr Roesler introduced the case and pointed out the property on the GIS map He noted it is located at the intersection of Church Road and NC 50 , near the property in Case 580 The surrounding zoning is Agricultural Residential , Community Business , General Business , Mobile Home Park , Industrial 1 and Industrial 2 The Planning Board recommended approval by unanimous vote The Chairman Recessed the Rezoning Public Hearing - Case 581 Decision on Rezoning Case 581 Case 581 Petition to rezone two parcels totaling approximately 371 acres located on Church Road SR 1520 in Pleasant Grove Township from General Business - Special Use District to Industrial 2 - Special Use District Owners L F Mills , Jr and Annie Mills ; Applicant Philip Perkins Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 581 for owners L F Mills , Jr and Annie Mills and applicant Philip Perkins of approximately two parcels totaling 371 acres located on Church Road SR 1520 in Pleasant Grove Township from General Business - Special Use District to Industrial 2 - Special Use District The Chairman Re - opened the Special Use Permit Hearing - Case 581 Case 581 Special use permit for fabrication of stone , warehousing of stone , office and showroom on approximately 371 acres located on Church Road SR 1520 in Pleasant Grove Township Applicant Philip Perkins Those wishing to speak on Case 581 were sworn in by the Clerk to Board Mr Roesler explained the applicant has an existing business at the location that is non - conforming He wishes to expand , which will require the change in zoning to I - 2 SUD and a special use permit He noted all cutting of stone is inside the facility with only storage of materials located outside He entered into the record the following summary of evidence on Rezoning Case # 581 A pre - application hearing was held with the applicant on January 24 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 February 19 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial II - Special Use District , and recommended a special use permit based on the following findings of fact and conditions Findings of fact 1 This request is in response to changed or changing conditions in the particular area 2 The proposed use would provide a service to the surrounding area PagePage pageNumber9837 3 Suitable regulations can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions Recommended by the Planning Board 1 Vehicle access to Church Road only 2 Submit a detailed site plan including signage and Class C buffer prior to issuance of a land use permit The Planning Board recommended approval by unanimous vote The Chairman Closed the Special Use Permit Hearing - Case 581 Decision on Application for Special Use Permit - Case 581 Case 581 Special use permit for fabrication of stone , warehousing of stone , office and showroom on approximately 371 acres located on Church Road SR 1520 in Pleasant Grove Township Applicant Philip Perkins Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to applicant Philip Perkins for fabrication of stone , warehousing of stone , office and showroom on approximately 371 acres located on Church Road SR 1520 in Pleasant Grove Township based on the following findings of facts and subject to the following conditions Findings of fact 1 This request is in response to changed or changing conditions in the particular area 2 The proposed use would provide a service to the surrounding area 3 Suitable regulations can be placed on the Special Use Permit to assure compatibility with nearby land owners and uses Special Conditions 1 Vehicle access to Church Road only 2 Submit a detailed site plan including signage and Class C buffer prior to issuance of a land use permit The Chairman re - opened the Rezoning Public Hearing - Case 582 Case 582 Petition to rezone approximately 1009 acres located on Old Drugstore Road SR 1524 in Cleveland Township from Agricultural Residential to Interstate Highway District Owner W D Parker , Jr ; Applicant Robert O Mitchell Mr Roesler pointed out this property on the GIS map and noted it is located near I - 40 NC 42 Interchange The surrounding zoning is agricultural residential , general business and residential - 20 Applicant Robert Mitchell of Angier stated he is developing the adjacent property , and wishes to include this acreage to add continuity to the project Both water and sewer is available , and with this additional land , the developers plan to build a road that will cut through from Cleveland Road to Old Drugstore Road , which will help with traffic concerns Mr Roesler stated the Planning Board recommended approval by unanimous vote The Chairman Closed the Rezoning Public Hearing - Case 582 Decision on Rezoning Case 582 Case 582 Petition to rezone approximately 1009 acres located on Old Drugstore Road SR 1524 in Cleveland Township from Agricultural Residential to Interstate Highway District Owner W D Parker , Jr ; Applicant Robert O Mitchell Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 582 for owner W D Parker , Jr and applicant Robert O Mitchell of approximately 1009 acres located on Old Drugstore Road SR 1524 in Cleveland Township from Agricultural Residential to Interstate Highway District Page0838 3 Decision on Rezoning Case 573 Case 573 Petition to rezone approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District for owners and applicants Allen Ray Best and Linda Best Planning Director , Steven Finn , reintroduced the case to the Board Commissioner Allen L Mims , Jr moved the Board deny the request for rezoning case 573 The motion died for a lack of a second Commissioner Cookie Pope moved the Board approve rezoning case 573 for owners and applicants , Allen Ray Best and Linda Best of approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District Commissioner Fred Smith seconded the motion Discussion Commissioner Allen L Mims , Jr reminded the Board this case was denied a year ago , and in his opinion , nothing has changed The Planning staff and Planning Board recommended denial this time He noted that even though the neighbors have indicated to Commissioner Wade Stewart that they have no problem with the proposed use , this is not consistent with good zoning practices and should be denied Commissioner Fred Smith stated that part of zoning is deciding what is best for the community The request was denied last year because of problems in the neighborhood , which Commissioner Stewart believes no longer apply since he has found no opposition when polling the neighbors He stated he would support Commissioner Stewart who has spent a great deal of time investigating the case and has recommended approval of the rezoning Commissioner Cookie Pope stated she too has called the people who signed the petition and found them in full support as long as alcohol is not allowed VOTE The motion carried by the following vote Ayes Cookie Pope , Fred Smith , W Ray Woodall and Thomas M Moore Nays James H Langdon , Jr and Allen L Mims , Jr The Chairman Re - opened the Special Use Permit Hearing - Case 573 Those wishing to be heard were sworn in by the Clerk Case 573 Special use permit for a go cart track , concession stand on approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township for applicants , Allen Ray Best and Linda Best Mr Finn explained the Planning Board never considered the special use since the rezoning was not recommended for approval He noted the Commissioners might want to remand the case back to the Planning Board for their recommendations If , however , they wish to go ahead and make a decision on the permit , he offered some possible conditions that staff drafted for their consideration Commissioner Fred Smith noted the Board approved a go - cart operation on Keen Road last year , which had conditions attached He suggested the Board consider looking at those conditions to see if they might be applicable Applicant Linda Best stated she and her husband have plenty of land for the event , and never allow the races to run late In response to Commissioner Cookie Pope’s concern about alcohol beverages , Ms Best stated she would personally patrol the grounds to be sure there was no alcohol , and would close the operation down if it should get out of control She noted those racing are required to wear a neck brace and helmet , and children much be accompanied by a parent When asked what is charged , Ms Best stated , if allowed to charge anything , the cost will be 3 per person , and a 10 entry fee for the races There being no further comments , the Chairman closed the public hearing Page1839 Based on certain findings of fact and with the same conditions attached that were placed on a similar permit for a go - cart operation Case 522 , Feb 12 , 2000 , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for a go cart track , concession stand on approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township for applicants , Allen Ray Best and Linda Best Commissioner Thomas M Moore seconded the motion Following discussion , Commissioner Pope withdrew her motion , and Commissioner Moore withdrew his second Commissioner Fred Smith stated , in his opinion , the same conditions do not apply to this case , and noted he would prefer to look at this matter more closely He suggested it would be better to wait on approving the permit until Commissioner Wade M Stewart is present Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board postponed a decision on Special Use Permit Case 573 for applicants , Allen Ray Best and Linda Best , until the May 6 , 2002 meeting 4 Public Hearing Scheduled - Amendment to the Development Ordinance - Sec 14 - 173 Mr Finn informed the Commissioners the Planning Board has recommended that Section 14 - 173 of the County Development Ordinance be amended to require a confirmation that all owners of property proposed for subdividing are aware of the proposal At present , the application simply states that all owners are aware of the proposed development and do not object to the application This would require that the application include certified confirmation from each of the owners Commissioner Fred Smith noted the applicant should certify that he either owns the entire property or has an option or contract to purchase the property Following further discussion , Commissioner Fred Smith moved the Board schedule a public hearing for May 13 , 2002 to follow the rezoning and special use permit hearings , contact all stakeholders to make sure they are aware of the meeting , and ask the Attorney and Planning Staff to offer some options for the Board’s consideration Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote 5 Exchange of Real Property Attorney Mark Payne noted on March 11 , 2002 the Board authorized staff to proceed with the exchange of property between the County and Senator Allen Wellons whereby the County would get a tract for a booster station on Powhatan Road and an easement from the County Water Plant across Senator Wellons ’ property for the Buffalo Water District in exchange for a County - owned lot on Hwy 70 adjacent to some of his property This has now been duly advertised as required by law He asked the Board to give final approval for the exchange Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board gave final approval for the exchange of property as outlined above between the County and Senator Allen Wellons Board Reports and Comments 6 Liberty Health Care Services - Certificate of Need The Chairman explained that Liberty Health Care Services is building a nursing home in Benson and would like to add 60 assisted living beds to the facility They received a permit to build a stand - alone assisted living home prior to a State moratorium , however , they would like to combine the two projects in order to be more efficient and to provide better service , which will require a new certificate of need They have received endorsement for the project from the Town of Benson and other interested agencies , and have asked the Board for their support Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board endorsed the 60 - bed assisted living facility in Benson for Liberty Health Care Services and authorized the Chairman to write a letter on behalf of the Board Page2840 7 EMS Audit Report The Board reviewed the audit report on the EMS squads in the County Commissioner Fred Smith noted the report is a very helpful tool in understanding the status of the different squads and how they are operating County Manager , Rick Hester , pointed out the audit was done in - house by our Finance Staff 8 Conditions for Special Use Permits The Board discussed special use permits and when conditions on a permit must be met Staff pointed out the problem occurs when you have an on - going operation There is no clear understanding when conditions such as vegetative buffers must be in place In discussion , the Board agreed that a set number of days should be given in which to receive a certificate of compliance with the permit , and should there be a documented reason why this was not possible , the applicant should be required to submit a bond or letter of credit Staff agreed to work on a policy to this effect 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 , ClerkPage