August 14, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 277 August 14 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , August 14 , 2000 , 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 , , Jerry F Wood , DDS , Eleanor N Creech , Thomas M Moore , Wade M Stewart and Allen L Mims , Jr Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Mobile Home Issue The Chairman acknowledged that a number of people were present to discuss the proposed mobile home regulations in the new Development Ordinance Before opening the meeting for comments on this issue , he announced he will be appointing a committee to address these issues He stated there would be public meetings of the committee at which the public will be given an opportunity to speak , and the Board of Commissioners will hold a public hearing before any changes are made to the ordinance Members of the committee were announced as follows Charlie Parrish with the Homebuilders Association John Thompson with the Modular Homes Industry Charles Taylor representing mobile home sales Mack Jones - local resident and mobile home park owner Roy Jones - local resident and mobile home park owner Two County Commissioners - J H Langdon , Jr and Allen L Mims , Jr Chairman Langdon stated that in addition to the members listed above , at least one citizen at - large will serve as well as staff members , Cal Genereux , C P Thompson and Dave Roesler , who will act as participants recorders Brenda Blackmon from Clayton stated she has lived in a mobile home for 15 years In the beginning she lived in a single - wide , which she sold to another family before purchasing her 1998 double - wide home She noted when she sold the older home , it was in good condition and is still lived in at this time She asked the Board to remember that many citizens cannot afford a conventional home In response to an invitation , Ms Blackmon agreed to be added to the Chairman’s committee to find solutions to this situation Jean Kelly , mobile home park owner and mobile home mover from Selma , stated the ordinance as written will take away her business She maintained that owning a mobile home is often the first step in home owning To say that older homes could not be moved in the County would destroy the opportunity for many people to have a place of their own She also suggested that if older homes cannot be moved , they will simply be carried to the back of a property and left to deteriorate , which will create more eyesores in the community than before She asked the Board to take their time to consider this matter carefully , and give citizens an opportunity to attend these committee meetings Mary Daniels of Kenly stated she was speaking on behalf of her husband , W C Daniels , and five other business people from the Kenly area She maintained that loss of older mobile homes would be devastating to many families It was agreed that Chuck Warren and W C Daniels from Kenly would also serve on the committee Also speaking against the ordinance as written were Patricia Oliver of Selma , Ricky Richardson of Kenly and Annette Langston Ms Langston and Ms Oliver were both added to the committee , as was Patricia McCarthy of Kenly Page278 2 Water District - Tap - on Fees Pamela Ennis of Massengill Pond Road in the McGee’s Crossroads Water District , stated the people in her immediate area were never canvassed and given an opportunity to pay the incentive rate for a tap - on to the system She asked the Board to allow these people the same opportunity others had When asked if she could provide a list of the people who were not contacted , Ms Ennis pointed out the roads involved on a map She stated approximately 75 to 100 families are involved Doris Russell of Stephenson Road between Hwy 40 and Old Raleigh Road stated their area of the district was also never canvassed and asked if fees could be lowered for that section of the district Melissa Ausley , who also lives on Stephenson Road stated she and her husband need good water , especially now that they are expecting a child , but do not feel they should have to pay the larger connection fee when they did not get a chance to tap on at the reduced price 3 Public Hearings Rezoning and Special Use Permits Advertised - The Smithfield Herald - July 25 , 2000 and August 1 , 2000 Certified letters were mailed to adjoining property owners on August 3 , 2000 and notices were posted at the locations on July 20 , 2000 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 500 Petition to rezone approximately 100 acre located on Chisamhall Road SR 1316 in Pleasant Grove Township from AR R40 to General Business - Special Use District Owner and Applicant Charles L Dupree Planning Director , Cal Genereux , indicated the property on the GIS map and noted it is a portion of a larger 10 acre parcel located in the western portion of the County near the Harnett County line The surrounding zoning is AR R - 40 , a few special use districts , and some commercial Charles Dupree , owner and applicant , stated he is a self - employed plumbing contractor who wants to construct on his property a storage building for plumbing equipment and supplies for his business In response to a question , Mr Dupree stated he also lives on the 10 acre parcel Mr Genereux stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 500 Case 500 Petition to rezone approximately 100 acre located on Chisamhall Road SR 1316 in Pleasant Grove Township from AR R40 to General Business - Special Use District Owner and Applicant Charles L Dupree Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved rezoning case 500 for Charles L Dupree of approximately 100 acre located on Chisamhall Road SR 1316 in Pleasant Grove Township from AR R40 to General Business - Special Use District The Chairman opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 500 were sworn in by the Clerk to the Board Case 500 Special use permit application for storage of plumbing materials and supplies on approximately 100 acre located on Chisamhall Road SR 1316 in Pleasant Grove Township Owner and Applicant Charles L Dupree Mr Genereux stated Mr Dupree wishes to construct a metal building for storage of plumbing materials for his business The building would be accessed by a private road off Stancil Drive The Planning Board recommended approval with conditions including a class A buffer on the south side of the home He presented the following summary of evidence on this case A pre - application hearing was held with the applicant on May 10 , 2000 At that time the applicantPage279 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 Zoning 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 twelve 12 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 June 20 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Application for Special Use Permit for storage of plumbing materials and supplies and Approval of rezoning to General Business - Special Use District Their decision was based on the following findings of fact with the following conditions attached Findings of facts 1 The proposed use will not have a negative impact on the neighborhood 2 The proposed use provides a needed service in Johnston County Conditions 1 No sign s 2 No outside storage of materials or vehicles 3 Class A buffer on the south side of home 4 Days of operation Monday - Saturday 5 Hours of operation 7 00 am - 7 00 pm The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 500 Case 500 Special use permit application for storage of plumbing materials and supplies on approximately 100 acre located on Chisamhall Road SR 1316 in Pleasant Grove Township Owner and Applicant Charles L Dupree Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Charles L Dupree for storage of plumbing material and supplies on approximately 100 acre located on Chisamhall Road SR 1316 in Pleasant Grove Township based on the following findings of facts and conditions Findings of facts 1 The proposed use will not have a negative impact on the neighborhood 2 The proposed use provides a needed service in Johnston County Conditions 1 No sign s 2 No outside storage of materials or vehicles 3 Class A buffer on the south side of home 4 Days of operation Monday - Saturday 5 Hours of operation 7 00 am - 7 00 pm The Chairman re - opened the Rezoning Public HearingPage280 Case 501 Petition to rezone approximately 26 acres located on Bobbit Road SR 1713 in Clayton Township from AR R40 to AR R40 Special Use District Owner James Marty Ringgold , Applicant Atlantic Site Development for Nextel Mr Genereux pointed out the property on the GIS map and noted the actual portion of the property for rezoning is in the center of a larger parcel The location is near the Wake County line north of Clayton’s extraterritorial jurisdiction There are a number of subdivisions in the area , and surrounding zoning is AR R - 40 , R - 30 , and PUD Katherine Wilkerson , Attorney representing Nextel , asked the Board to approve the rezoning Mr Genereux stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 501 Case 501 Petition to rezone approximately 26 acres located on Bobbit Road SR 1713 in Clayton Township from AR R40 to AR R40 Special Use District Owner James Marty Ringgold , Applicant Atlantic Site Development for Nextel Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 501 for Atlantic Site Development for Nextel of approximately 26 acres located on Bobbit Road SR 1713 in Clayton Township from AR R40 to AR R40 Special Use District The Chairman re - opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 501 were sworn in by the Clerk to the Board Case 501 Special use permit application for a 190 telecommunications monopole tower on approximately 26 acres located on Bobbit Road SR 1713 in Clayton Township Owner James Marty Ringgold , Applicant Atlantic Site Development for Nextel Mr Genereux stated this applications is for a 190 monopole tower Because of the height , it does not require lights or FAA approval Attorney Katherine Wilkerson stated the tower would be in the middle of the property in a heavily wooded area The pole will be constructed to meet all standards and codes and will not interfere with any other reception in the area In response to a question from Commissioner Allen L Mims , Jr about additional carriers , Ms Wilkerson stated there would be room for three additional carriers She also confirmed that Johnston County 911 could use the tower if needed Mr Genereux presented the following summary of evidence on Rezoning Case # 501 A pre - application hearing was held with the applicant on May 11 , 2000 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 Zoning 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 twelve 12 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 PagePage pageNumber5281 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 June 20 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Application for Special Use Permit for a 190 monopole tower and Approval of rezoning to AR R40 - Special Use District They based their decision on the following findings of fact and recommended the following conditions on the permit Findings of facts 1 It will be well constructed and exceeds 100 setback and is in compliance with the county land use plan 2 Cell phones provide a needed service to county citizens Conditions 1 Must have protection of the fall zone 2 Co - location of the equipment should be promoted 3 The space for 911 equipment if necessary 4 The tower must be removed 6 months after the use of tower ends The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 501 Case 501 Special use permit application for a 190 telecommunications monopole tower on approximately 26 acres located on Bobbit Road SR 1713 in Clayton Township Owner James Marty Ringgold , Applicant Atlantic Site Development for Nextel Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Atlantic Site Development for a 190 telecommunications monopole tower on approximately 26 acres located on Bobbit Road SR 1713 in Clayton Township based on the following findings of facts and conditions Findings of facts 1 It will be well constructed and exceeds 100 setback and is in compliance with the county land use plan 2 Cell phones provide a needed service to county citizens Conditions 1 Must have protection of the fall zone 2 Co - location of the equipment should be promoted 3 The space for 911 equipment if necessary 4 The tower must be removed 6 months after the use of tower ends The Chairman re - opened the Rezoning Public Hearing Case 502 Petition to rezone approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township from AR R40 to Community Business - Special Use District Owners and Applicants Allen Ray Best and Linda Best Mr Genereux indicated the property on the GIS map and noted this case originated as a violation The location is on Brogden Road near the commercial community of Brogden with surrounding zoning of AR R - 40 and a few small commercial sites Allen Ray Best of Grabtown Road in the Brogden Community stated he and his wife are providing the community with a place for family fun Children must be accompanied by parents Linda Best , co - owner , stated their Saturday night go - cart races have received a lot of bad publicity , which , in her opinion , is not deserved She noted she and her husband were no longer charging entrance fees , and had erected a 10 fence to prevent dust from spreading to the neighbors She maintained no drinking and drugs are allowed PagePage pageNumber6282 Robert Heller , and Crystal Allen spoke in favor of the rezoning Mr Heller stated this is an inexpensive way to spend time with his boys Ms Allen agreed and noted this event has provided a place for family get - togethers She stated there were no drunken brawls , only occasional social drinking done “ under the table , ” and maintained the Bests should have the right to enjoy their property , and to share that with their friends In response to questions from the Board , Ms Allen stated she lives within one and ½ miles of the Best’s property She noted the races began last year as a community event for the children , but they have since grown in popularity with people now coming from other areas Wendy Woodard , daughter of the owners , stated she attends every race and helps her parents run the event She stated there are rules that must be followed , and those who do not follow them are asked to leave The racers must have helmets and neck braces , and children and adults do not run at the same time In response to questions from Commissioner Eleanor N Creech , Ms Woodard stated the minimum age for participation in the races is 5 years old , and children that young must have a governor on their go - carts She stated she has been in the medical field for nine years and she and her sister - in - law handle any problems that might arise Cecil Pernell and his son , Jeremy , who live on Brogden Road supported the rezoning Mr Pernell stated he races on a number of tracks , and this is one of the nicest He suggested Board members should see for themselves before making any decision on this case When asked , Mr Pernell stated other tracks he races usually do not have houses as close as this one does - usually no closer than 1000 to 1500 feet with barriers between them , such as hedge rows or wooded area Lisa Walker stated she bought a go - cart for her family and enjoys the races She noted the dust does not seem to bother her daughter who has a breathing problem Cari Stephen of 8718 Brogden Road , spoke in opposition Ms Stephen stated her home is approximately 300 feet from the track The racing is noisy and creates dust that is affecting her horses She maintained she has found numerous beer bottles on her property , and two of her horses have been injured from people throwing things She stated she has called the Sheriff’s Department and they are aware of the problems she is having Since her complaints , she has had a number of windows broken in her home , her shop and her truck , and her tires have been slashed She stated she did not witness any of this and can not identify the person or persons guilty ; however , she reported that members of the Best family have threatened her , one time in front of a sheriff’s deputy She noted she bought her property before the race tract was in existence , and she bought land that was zoned AR R - 40 so she could have her horses In response to questions from the Board , Ms Best stated that both adults and children race The event begins between 7 and 7 30 pm on Saturday nights and ends between 9 30 and 10 00 pm Ms Best stated some racers practice on Thursday nights also Craig Williams , Ms Stephen’s fiancé , stated the racing may have started for kids at first , but now there are people still there until two or three o’clock in the morning Commissioner Wade M Stewart asked Attorney Mark Payne if the races would be allowed since the Bests no longer charge entrance fees Mr Payne stated as long as the property is zoned AR R - 40 , the races as presented in the Best’s proposal would not be allowed since this recreational use is not permitted for that zoning designation Commissioner Stewart noted whatever the Board does , it appears it will not help the bad situation between the neighbors Commissioner Allen L Mims , Jr pointed out the Board has to look only at the use of the property , and go - cart racing is not residential agriculture use Commissioner Thomas M Moore noted that he realizes this is bad for Ms Stephen , but the community as a whole has come together for something they want He stated he would have a difficult time not approving the rezoning Mr Genereux stated the Planning Board recommended denial of the rezoning The Chairman recessed the Rezoning Public HearingPagePage pageNumber7283 Decision on Rezoning Case 502 Case 502 Petition to rezone approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township from AR R40 to Community Business - Special Use District Owners and Applicants Allen Ray Best and Linda Best Following discussion , Commissioner Thomas M Moore moved the Board approve rezoning case 502 for Allen Ray Best and Linda Best of approximately 158 acres located on Grabtown Road SR 2543 in Boon Hill Township from AR R40 to Community Business - Special Use District Commissioner Eleanor N Creech seconded the motion , which failed by the following vote Ayes Eleanor N Creech , Thomas M Moore and Jerry F Wood Nays James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , and Cookie Pope The Chairman re - opened the Rezoning Public Hearing Case 507 Petition to rezone approximately 85 acres located on Cornwallis Road SR 1525 in Cleveland Township from AR R40 to Community Business - Special Use District Owners and Applicants Thomas Dunnagan and Rebecca Dunnagan Dave Roesler , Assistant Planning Director , pointed out this property on the GIS map The property is located near the intersection of Cornwallis Road and NC Hwy 42 The surrounding zoning is AR R - 40 , R - 30 , Interstate Overlay District , Community Business , General Business , and Highway Business Owner Thomas Dunnagan of Clayton Road , Angier , offered photographs of his current business , which is located adjacent to this property at the intersection of Cornwallis Road and NC 42 He stated he has been notified by his landlord that he has to move , and the subject property would allow him to continue to operate in the same vicinity He noted that moving to the new location would make access to his business easier and safer as it would no longer be at the intersection Commissioner Allen L Mims , Jr pointed out the parcels to the north have dwellings , even though they are zoned commercial He noted a buffer might be needed Mr Roesler stated the Planning Board recommended approval of this rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 507 Case 507 Petition to rezone approximately 85 acres located on Cornwallis Road SR 1525 in Cleveland Township from AR R40 to Community Business - Special Use District Owners and Applicants Thomas Dunnagan and Rebecca Dunnagan Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 507 for Thomas Dunnagan and Rebecca Dunnagan of approximately 85 acres located on Cornwallis Road SR 1525 in Cleveland Township from AR R40 to Community Business - Special Use District The Chairman re - opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 507 were sworn in by the Clerk to the Board Case 507 Special use permit application for an office and retail sales of concrete statuary , yard and patio decorations , water fountains , bird feeders , garden benches , yard and patio furniture , grills , outdoor storage buildings , plants and plant materials on approximately 85 acres located on Cornwallis Road SR 1525 in Cleveland Townships Owners and Applicants Thomas Dunnagan and Rebecca Dunnagan Mr Roesler stated this request is for an office and retail business He submitted the following summary of evidence concerning this case A pre - application hearing was held with the applicant on May 25 , 2000 At that time the applicant was informed of the following PagePage pageNumber8284 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 Zoning 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 twelve 12 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 June 20 , 2000 the Johnston County Planning Board held a public meeting regarding this case and made the following recommendations Application for a Special Use permit for an office and retail sales of concrete statuary , yard and patio decorations , water fountains , bird feeders , garden benches , yard and patio furniture , grill , outdoor storage buildings , plants and plant materials and Approval of rezoning to Community Business - Special Use District They based their decision on the following findings of fact Findings of facts 1 The site is in a commercial area 2 The use will not have a negative impact on surrounding property values 3 The site is in an area where infrastructure is present to support commercial zoning The Chairman closed the Public Hearing on Special Use Permit Request Decision on Application for Special Use Permit - Case 507 Case 507 Special use permit application for an office and retail sales of concrete statuary , yard and patio decorations , water fountains , bird feeders , garden benches , yard and patio furniture , grills , outdoor storage buildings , plants and plant materials on approximately 85 acres located on Cornwallis Road SR 1525 in Cleveland Township Owners and Applicants Thomas Dunnagan and Rebecca Dunnagan Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for an office and retail sales of concrete statuary , yard and patio decorations , water fountains , bird feeders , garden benches , yard and patio furniture , grills , outdoor storage buildings , plants and plant materials on approximately 85 acres located on Cornwallis Road SR 1525 in Cleveland Township based on the following findings of facts with a condition attached Findings of facts 1 The site is in a commercial area 2 The use will not have a negative impact on surrounding property values 3 The site is in an area where infrastructure is present to support commercial zoning Conditions 1 Class A buffer between houses and business The Chairman re - opened the Rezoning Public Hearing Case 503 Petition to rezone three parcels totaling approximately 5420 acres located on Rock Pillar Road SR 1572 in Smithfield Township from AR R40 to Residential 30 Owners Ayden R Lee , Steven Norris , Ayden R Lee , Jr , Sandra Norris and Betty J Lee Applicant Billy R Barefoot PagePage pageNumber9285 Mr Roesler indicated the property on the GIS map and noted it is located near the Peele Road intersection Surrounding zoning is AR R - 40 , R - 30 , Hwy 70 General Business Overlay and I - 2 Steven Sanderson with Southwind Surveying and Engineering , spoke on behalf of the applicant He noted the property is within a water district , and the plan is to extend water to the site to serve the proposed development Dale Swabb , who lives across from the property , stated he has no objection to the development , but would like to make sure an entrance to the property is not located directly across from his home Mr Sanderson stated the road will come out down from the houses Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 503 Case 503 Petition to rezone three parcels totaling approximately 5420 acres located on Rock Pillar Road SR 1572 in Smithfield Township from AR R40 to Residential 30 Owners Ayden R Lee , Steven Norris , Ayden R Lee , Jr , Sandra Norris and Betty J Lee Applicant Billy R Barefoot Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 503 for Billy R Barefoot of approximately 5420 acres located on Rock Pillar Road SR 1572 in Smithfield Township from AR R40 to Residential 30 The Chairman re - opened the Rezoning Public Hearing Case 504 Petition to rezone approximately 583 acres located on NC 42 West in Cleveland Township from AR R40 to Community Business Owners and Applicants Frank B Thornton and Carolyn Yvonne Thornton Mr Roesler pointed out the property on the GIS map and noted it is located near the intersection of NC 42 and Cornwallis Road The surrounding zoning is Industrial 1 , commercial , and general business overlay Applicant Yvonne Thornton stated she plans to continue to live on the property and operate a plumbing and electrical business The office will be in her basement , and a 1500 sq ft barn behind the house will be used for storing supplies She noted there are other businesses in her neighborhood Mr Roesler stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 504 Case 504 Petition to rezone approximately 583 acres located on NC 42 West in Cleveland Township from AR R40 to Community Business Owners and Applicants Frank B Thornton and Carolyn Yvonne Thornton Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 504 for Frank B Thornton and Carolyn Yvonne Thornton of approximately 583 acres located on NC 42 West in Cleveland Township from AR R40 to Community Business The Chairman re - opened the Rezoning Public Hearing Case 505 Petition to rezone approximately 268 acres located on US 70 Business in Clayton Township from General Business to Industrial 1 Owner Jesse Brown , Applicant Perry Perdue Page0286 Mr Roesler indicated the property on the GIS map and noted it is located between US 70 and US 70 Business near Sadisco Road The surrounding zoning is AR R - 40 , General Business Highway Overlay , Industrial 1 and Mobile Home Park District The property fronts on Hwy 70 Business and is located near residential lots Cecil Heavner voiced opposition to the rezoning He stated the property , in his opinion , is not large enough for the type of commercial grinder and wood chipper that would be used The machinery is not only noisy , but will create a great deal of dust He stated this operation would disturb the neighborhood Harold Trogden , adjacent property owner , stated he plans to operate a restaurant in the two buildings on his land He opposed the rezoning and stated this was not an appropriate place for an industry David Jones who owns a mobile home park on NC 210 stated the grinder is too noisy to have near a residential area Nola Olive agreed and in addition to the noise , also objected to the dust and additional traffic that would be created by this industry The Board discussed this case , and Commissioner Allen L Mims , Jr expressed his belief that the property would be suitable for commercial use , but not industrial because of the size of the tract Mr Roesler stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 505 Case 505 Petition to rezone approximately 268 acres located on US 70 Business in Clayton Township from General Business to Industrial 1 Owner Jesse Brown , Applicant Perry Perdue Following discussion , Commissioner Allen L Mims , Jr moved the Board deny rezoning case 505 for Perry Perdue of approximately 268 acres located on US 70 Business in Clayton Township from General Business to Industrial 1 Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote The Chairman re - opened the Rezoning Public Hearing Case 506 Petition to rezone approximately 3304 acres located on Sunshine Road SR 2360 in Boon Hill Township from Residential 30 to AR R40 Owner and Applicant Lesco Rentals Mr Genereux pointed out the property on the GIS map and noted it is located between Princeton and Kenly The surrounding zoning is AR R - 40 and R - 30 The petitioner wants a portion of his R - 30 rezoned back to AR R - 40 The property is located in the Princeton Kenly Water District Steven Sanderson with Southwind Surveying spoke on behalf of the owner He stated the developer at first looked at a community water system and is now planning on connecting to the water district to serve the development , regardless whether it is zoned R - 30 or AR R - 40 The owner wishes to sell some of the lots for singlewide mobile homes Mary Melville , who lives on Sunshine Road opposed the rezoning She stated this is an unpaved road with mostly farm land The neighbors want to see it stay the way it is Pamela Darden , another resident on the road , also opposed the rezoning stating the value of property in the area would depreciate if this property is developed for singlewide mobile homes The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 506 Case 506 Petition to rezone approximately 3304 acres located on Sunshine Road SR 2360 inPage1287 Boon Hill Township from Residential 30 to AR R40 Owner and Applicant Lesco Rentals Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board denied rezoning case 506 for Lesco Rentals of approximately 3304 acres located on Sunshine Road SR 2360 in Boon Hill Township from Residential 30 to AR R40 The Chairman re - opened the Rezoning Public Hearing Case 508 Petition to rezone two parcels totaling approximately 129 acres located on Pony Farm Road SR 1570 in Clayton Township from AR R40 to Office Institutional Owner John W Nichols , Applicant Bayer Federal Credit Union Mr Genereux indicated these parcels on the GIS map and noted it is across from the Bayer facility on US 70 The surrounding zoning is AR R - 40 and Industry He explained the owner intends to renovate the existing single family home for a credit union for Bayer employees The property is near the Town of Clayton’s extraterritorial jurisdiction The Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 508 Case 508 Petition to rezone two parcels totaling approximately 129 acres located on Pony Farm Road SR 1570 in Clayton Township from AR R40 to Office Institutional Owner John W Nichols , Applicant Bayer Federal Credit Union Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 508 for Bayer Federal Credit Union of approximately 129 acres located on Pony Farm Road SR 1570 in Clayton Township from AR R40 to Office Institutional The Chairman re - opened the Rezoning Public Hearing Case 510 Petition to rezone two parcels totaling approximately 555 acres located on Cornwallis Road SR 1525 in Cleveland Township from AR R40 to Residential 10 Owner and Applicant Thomas Allen Mr Genereux pointed out the property on the GIS map and noted it is located near the SR 1010 intersection with Cornwallis Road The surrounding zoning is AR R - 40 , R - 30 , PUD , R - 10 and General Business Steven Sanderson spoke on behalf of the owner He stated Mr Allen believes this property is suitable for R - 10 zoning as both water and sewer are in the area The sewer allocation is not available at this , however , the owner is willing to wait Board members discussed with Engineer Tim Broome the issue of sewer service in the Cleveland Township area Mr Broome stated that under the residential sewer policy , the County is encouraging treatment and disposal onsite Also , if the capacity becomes available and the property meets the criteria of exceptional value , the Board could elect to provide sewer service In response to a comment from Commissioner Allen L Mims , Jr , Mr Broome noted there are people already in line for capacity should it become available ; however , these would amount to no more that 200,000 gpd of usage Mr Genereux stated the Planning Board recommended approval The Chairman closed the Rezoning Public Hearing Decision on Rezoning Case 510 Case 510 Petition to rezone two parcels totaling approximately 555 acres located on Cornwallis Road SR 1525 in Cleveland Township from AR R40 to Residential 10 Owner and Applicant Thomas Allen Page2288 Commissioner Thomas M Moore moved the Board approve rezoning case 510 for Thomas Allen of approximately 555 acres located on Cornwallis Road SR 1525 in Cleveland Township from AR R40 to Residential 10 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Wade M Stewart , Thomas M Moore , Jerry F Wood and Eleanor N Creech Nays Allen L Mims , Jr and Cookie Pope 4 Utility Reimbursement Agreement Policy Engineer Tim Broome requested the Board consider a modification to the Utility Reimbursement Agreement Policy Currently developer reimbursement for water utilities construction applies to 8 and larger lines He request the policy be changed to apply to 6 and larger water mains Also , the current policy calculates reimbursement costs on the basis of a percentage of capacity He suggested the Board consider also allowing , as an option , reimbursement costs to be calculated on the basis of the number and sequence of development when appropriate Following discussion , Commissioner Thomas M Moore moved the Board approve both changes in the Utility Reimbursement Agreement Policy as recommended by staff Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote 5 Growth Development Ordinance The Board considered last month’s report on residential building and land use permits The issued permits did not exceed the allocations for the month ; however , the number was within a few permits from reaching the cap As of the end of July , there is a total of 245 surplus permits Following discussion , Commissioner Thomas M Moore moved the Board repeal the Growth Management Ordinance Commissioner Eleanor N Creech seconded the motion , which failed by the following vote Ayes Thomas M Moore , Jerry F Wood and Eleanor N Creech Nays Wade M Stewart , James H Langdon , Jr , Allen L Mims , Jr and Cookie Pope 6 Performance Pay Plan The Board heard a presentation on the proposed performance pay plan at their August 7 , 2000 meeting Commissioner Wade M Stewart was absent from that meeting , and the Board postponed a motion of approval until everyone was present Commissioner Stewart stated he met with Pat LaCarter , Human Resources Director , and feels the plan is a starting point for the eventual movement to total merit pay for employees Following discussion , Commissioner Eleanor N Creech moved that the County proceed with the Performance Pay Plan as presented Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Wade M Stewart , Thomas M Moore , Jerry F Wood and Eleanor N Creech Nays Cookie Pope 7 Emergency Situation - Wilson Street Sewer Rehabilitation Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board declared an emergency situation so construction for replacement of 1200 feet sewer segment for the Wilson Street Sewer Rehabilitation Project can proceed immediately as recommended by Tim Broome , Director of Infrastructure and Engineering 8 Call for Public Hearing - Zoning Map Adoption Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board agreed to call for a public hearing on September 11 , 2000 at 6 45Page3289 pm to consider the Adoption of the Zoning Map to make it consistent with the new Development Ordinance There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage