June 12, 2000 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 189 June 12 , 2000 The Johnston County Board of Commissioners met in Regular Session , Monday , June 12 , 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 , Wade M Stewart Absent Thomas M Moore , and Allen L Mims , Jr 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 He explained that Commissioner Thomas M Moore and Commissioner Allen L Mims , Jr were unable to be at the meeting as they are both out of town Public Comments 1 Commercial Sewer Rate Charles Hawley of Cleveland School Road asked the Board to consider offering an option for commercial sewer fees dependant on usage rather than a per acre fee He explained he is developing some warehouses , and feels it is unreasonable to pay 10,000 per acre for sewer service when the facilities have only two bathrooms Each warehouse requires two to three acres 2 Water District Connection Fees Brenda Smith of Old Fairground Road stated she lives in the McGee’s Crossroads Water District and was unaware the district was going to be built until construction began Now she is being told she will have to pay 600 instead of the 75 fee charged many of her neighbors She asked the Board for an explanation of the different tap - on fees charged in water districts Chairman J H Langdon , Jr explained the early incentive period allows potential customers to pay a much reduced fee , and provides a basis on which to determine the feasibility of building the system The early fee for all previous water districts was 75 , but the funding authority has now mandated the initial fee be increased to 150 Following the early incentive period , which is set by the Board , the fee is increased to 600 during the construction period Once the district is built , persons wishing to connect to the system are required to pay the full fee charged other water customers in the County of approximately 1300 In response to a comment from Ms Smith about earlier lines from Harnett County , the County Manager offered to check with Public Utilities and contact her later in the week about the specifics of her situation 3 Juvenile Crime Prevention Plan Commissioner Wade M Stewart moved the Board approve the recommended programs for the th Juvenile Justice Funding Plan 2000 - 2001 as presented by the JCP Council at the May 30 meeting of the Board , and approve an appropriation of 24,849 as a local match from the County’s 2000 - 01 budget Commissioner Jerry F Wood seconded the motion , which carried by unanimous vote 4 Request to Amend Grants - Smithfield - Selma High School Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved the request from Smithfield Selma High School to amend recreation grants 9900 - 41 SS Athletic Department , 9900 - 42 SS High School and 9900 - 43 SS Athletic Booster Club to include as projects athletic equipment , maintenance and repairs to facilities , and upkeep maintenance of fields 5 Public Hearing Rezoning and Special Use PermitsPage190 Advertised - The Smithfield Herald - May 26 and June 2 , 2000 Certified letters were mailed to adjoining property owners on May 25 , 2000 and notices were posted at the locations on May 24 , 2000 The Chairman opened the rezoning public hearing and invited interested persons to make comment on the following cases Case 460 Petition to rezone 100 acre located on NC 210 in Elevation Township from Highway Business to Industrial 2 - Special Use District Owner Doris Beasley Enterprises , Inc , Applicant S Vann Sauls Cal Genereux , Planning Director , pointed out the property on the GIS map and stated the property is located near I - 40 east of McGee’s Crossroads , and was formerly known as “ 210 Gas and Grocery ” Currently a house , a mobile home , a commercial building and a sweet potato warehouse are located on the one acre property The surrounding zoning is AR R - 40 , Light Industrial and Interstate Highway Overlay District This case originated as a zoning violation because of the number of junked cars accumulated near the road The present zoning designation allows the auto repair , but does not allow storage of salvage vehicles Attorney Vann Sauls , representing the owner , Doris Beasley , gave a brief history of the case He noted the property is used by Mike Poole as an auto repair and towing business He pointed out that because the site was once a gas station with buried oil tanks , there are now several monitoring wells on the property He suggested this would provide a safeguard against contamination to the soil and underground water , which in his opinion , would make the site more suitable for storage of salvage vehicles He noted the neighbors have indicated they do not want to put Mr Poole out of business , they are just concerned about the appearance He asked the Board to consider rezoning the property to I - 2 Special Use District , which he stated was appropriate due to its location near the I - 40 intersection Mike Poole stated he does not want to contaminate the property and does not intend to operate a salvage yard He is on the Highway Patrol rotation towing abandoned vehicles off the highways , and is required to keep the cars for up to 90 days before he can sell or otherwise dispose of them Some of the cars are able to be repaired , while others can only be sold for salvage He noted he would be willing to do whatever was necessary in order to keep his business Mr Genereux explained the Planning Board recommended the property remain Highway Business but be rezoned as a special use district This would allow Mr Poole to continue operating his auto repair business , but would not allow the storage of junk cars at the site Chairman James H Langdon , Jr stated he has spoken with the adjoining property owners and understands they would like for Mr Poole to either stop the towing part of his business , or at least be limited to the number of stored vehicles and have those hidden from view He noted a major concern is the limited space for storing cars on the one acre lot since there are several structures The Chairman recessed the rezoning public hearing Decision on Rezoning Case 460 Case 460 Petition to rezone 100 acre located on NC 210 in Elevation Township from Highway Business to Industrial 2 - Special Use District Owner Doris Beasley Enterprises , Inc , Applicant S Vann Sauls Commissioner Jerry F Wood moved the Board approve rezoning case 460 for Doris Beasley Enterprises , Inc of approximately 100 acre located on NC 210 in Elevation Township to Highway Business - Special Use District Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Wade M Stewart , Eleanor N Creech and Jerry F Wood Nays Cookie Pope The Chairman opened the Public Hearing on Special Use Permit Requests Those wishing to speak on Case 460 were sworn in by the Clerk to the Board Page191 Case 460 Special use permit application for a repair garage and a towing business on approximately 100 acre located on NC 210 in Elevation Township Owner Doris Beasley Enterprises , Inc , Agent S Vann Sauls Mr Genereux presented the following summary of evidence on Rezoning Case # 460 and again noted the recommendation of the Planning Board was Highway Business Special Use District A pre - application hearing was held with the applicant on December 17 , 1999 At the 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 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 1 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made the following recommendation for approval of rezoning to Highway Business - Special Use District They based their decision on the following findings of fact and recommended the following conditions Findings of facts 1 The Board finds that the subject property is not conducive to rezoning to an I - 2 District due to the existing environmental contamination situation existing on the site , and the uses proposed - 24 hour towing and storage of abandoned and wrecked vehicles - would be disruptive to the immediate residential neighborhood 2 The Board concludes that an auto repair business and other similar businesses have operated on this site in the past in concert with the immediate neighborhood ; therefore , the Board finds that a Highway Business - Special Use District would be appropriate for the conducting of an auto repair business Conditions 1 The land is approved for auto repair only 2 Mobile home must be removed from the premises 3 Operating hours will be 7 00 am to 9 00 pm Monday through Saturday 4 No vehicle storage in connection with the North Carolina Highway Patrol rotation towing is allowed 5 Maximum of twenty 20 vehicles on the premises at one time for the purpose of being repaired or to be repaired 6 No vehicle shall remain on premises for more than 60 days 7 All vehicles shall remain behind an eight 8 foot solid fence 8 No junk yard status of motors or parts of vehicles at any time The area consumed by such cannot be greater than 600 square feet 9 Record must be maintained on each vehicle on the lot 10 Buffer B is required on the back and both sides Commissioner Wade M Stewart noted he would like to see Mr Poole allowed to continue his operation with the Highway Patrol Rotation but limit the number of stored cars to no more than 20 , and have them behind a fence , away from public view Commissioner Cookie Pope agreed Page192 The County Attorney pointed out that Mr Poole , under the Highway Business SUD designation , would not be able to operate his towing business with the Highway Patrol Rotation System unless he brought only cars for repair to this location and towed junk cars to another location off the premises The Board asked if any conditions could be added to allow Mr Poole some leeway on this Mr Payne explained the only way to allow Mr Poole to continue operating as he has on the Highway Patrol Rotation would be to change the zoning to Industrial 2 as requested by the applicant The Chairman recessed the Special Use Permit Hearing Decision to Reconsider Rezoning Motion Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board agreed to reconsider the motion to rezone Case 460 to Highway Business - Special Use District Reconsideration of Original Motion to Rezone Highway Business - Special Use District In reconsidering the original motion to rezone to Highway Business Special Use District , the motion failed by the following vote Ayes James H Langdon , Jr Nays Jerry F Wood , DDS , Eleanor N Creech , Cookie Pope and Wade M Stewart Motion to Rezone Case 460 to I - 2 - Special Use District Commissioner Wade M Stewart moved the Board approve rezoning Case 460 for Doris Beasley Enterprises , Inc of 1 acre on NC 210 in Elevation Township from Highway Business to I - 2 - Special Use District Commissioner Cookie Pope seconded the motion , which carried by the following vote Ayes Jerry F Wood , DDS , Wade M Stewart , Cookie Pope and Eleanor N Creech Nays James H Langdon , Jr Decision on Application for Special Use Permit - Case 460 Case 460 Special use permit application for a repair garage and a towing business on approximately 100 acre located on NC 210 in Elevation Township Owner Doris Beasley Enterprises , Inc , Agent S Vann Sauls Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Doris Beasley Enterprises , Inc , for case 460 for a repair garage and a towing business on approximately 1 acre on NC 210 in Elevation Township , based on the following findings of facts and subject to the following conditions Findings of facts 1 The Board finds that the subject property is conducive to rezoning to I - 2 District due to the environmental contamination situation existing on the site , and the uses proposed - 24 hour towing and storage of abandoned and wrecked vehicles would not be disruptive to the immediate residential neighborhood 2 The Board concludes that an auto repair business and other similar business have operated on this site in the past in concert with the immediate neighborhood ; therefore , the Board finds that Industrial 2 - Special Use District would be appropriate for the conducting of an auto repair , towing and storage operation subject to the following conditions Conditions 1 The land is approved for auto repair and towing and storage only 2 Operating hours will be 7 00 to 9 00 pm Monday through Saturday 3 Maximum of twenty 20 vehicles on the premises at one time for the purpose of being repaired or to be repaired 4 No vehicle shall remain on premises for more than 90 days 5 All vehicles shall remain behind an eight 8 foot solid fence 6 No junk yard status of motors or parts of vehicles at any time The area consumed by such cannot be greater than 600 square feet 7 Records must be maintained on each vehicle on the lot PagePage pageNumber5193 8 Buffer B is required on the back and both sides The Chairman re - opened the Rezoning Hearing Case 483 Petition to rezone approximately 216 acres located on Godwin Lake Road SR 1116 in Meadow Township from AR R40 to Community Business 2 - Special Use District Owner and Applicant Roy D Johnson Mr Genereux indicated the property on the GIS map and stated this request is for a portion of a larger parcel located in Meadow Township near NC 50 southeast of Benson near the intersection of Godwin Lake Road The surrounding zoning is AR R - 40 and commercial zoning around Meadow Community Lonnie Peacock , speaking on behalf of Roy Johnson , explained that each Christmas season , Mr Johnson has a well - known display of Christmas lights and decorations at his home He has been selling candy and fruit out of his farm office building and would like to expand this as a concession stand He would like to operate the candy store and concession stand from the middle of November to New Years in conjunction with his display of lights Mr Genereux stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 483 Case 483 Petition to rezone approximately 216 acres located on Godwin Lake Road SR 1116 in Meadow Township from AR R40 to Community Business 2 - Special Use District Owner and Applicant Roy D Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 483 for Roy D Johnson for approximately 216 acres located on Godwin Lake Road SR 1116 in Meadow Township from AR R40 to Community Business 2 - Special Use District The Chairman reopened the Public Hearing on Special Use Permits Those wishing to speak on Case 483 were sworn in by the Clerk to the Board Case 483 Special use permit application for a concession area , gift shop , Christmas lights display and accessory uses needed to operate this business on approximately 216 acres located on Godwin Lake Road SR 1116 in Meadow Township Mr Genereux stated Mr Johnson wishes to operate a gift shop and concession area with accessory uses on a seasonable basis He offered as evidence the following information concerning this case Statement of Facts Concerning Rezoning Case # 483 - Submitted by Planning Department A pre - application hearing was held with the applicant on March 10 , 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 pageNumber6194 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 April 21 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and recommended approval of rezoning to Community Business 2 - Special Use District They based their decision on the following findings of fact and recommended the following condition be place on the permit Findings of facts 1 The proposed use will add to the character of the neighborhood 2 The proposed use is of a seasonal nature 3 This use has a positive impact on the County as a whole Conditions 1 Operation from November 1 to January 15 from 8 00 am to 12 00 midnight , 7 days a week The Chairman recessed the Special Use Public Hearing Decision on Application for Special Use Permit - Case 483 Case 483 Special use permit application for a concession area , gift shop , Christmas lights display and accessory uses needed to operate this business on approximately 216 acres located on Godwin Lake Road SR 1116 in Meadow Township Owner and Applicant Roy D Johnson Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Roy D Johnson for a concession area , gift shop , Christmas lights display and accessory uses needed to operate this business on approximately 216 acres located on Godwin Lake Road SR 1116 in Meadow Township based on the following findings of facts and subject to the following conditions Findings of facts 1 The proposed use will add to the character of the neighborhood 2 The proposed use is of a seasonal nature 3 The use has a positive impact on the County as a whole Conditions 1 Operation from November 1 to January 15 from 8 00 am to 12 00 midnight , 7 days a week The Chairman re - opened the Rezoning Hearing Case 487 Petition to rezone approximately 288 acres located on Wilson’s Mills Road SR 1913 in Smithfield Township from AR R40 to AR R40 - Special Use District Owner Stephenson Family Limited Partnership ; Applicant SBA , Inc Assistant Planning Director , Dave Roesler , pointed out the property on the GIS map and noted this request is for a portion of a larger parcel located near US 70 close to the Neuse River between Selma and Smithfield Planning jurisdictions The surrounding zoning is AR R - 40 and Highway overlay district Attorney Gray Styers stated he is representing SBA , Inc in four cases at this meeting , each being a request for a communications tower site He noted additional towers are needed in the area due to the increased number of cell phones being used SBA builds towers for multiple companies , and these proposed towers would fill in some service gaps He presented a notebook outlining each of the requests showing maps , photographs of the areas and site plans for each He explained this property , called the Whitley Heights Site , is located about 1200 feet off Wilson’s Mills Road , and there has been no opposition from the neighborhood Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 487PagePage pageNumber7195 Case 487 Petition to rezone approximately 288 acres located on Wilson’s Mills Road SR 1913 in Smithfield Township from AR R40 to AR R40 - Special Use District Owner Stephenson Family Limited Partnership ; Applicant SBA , Inc Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 487 for SBA , Inc of approximately 288 acres located on Wilson’s Mills Road SR 1913 in Smithfield Township from AR R40 to AR R40 - Special Use District The Chairman re - opened the Special Use Public Hearing Those wishing to speak on Cases 487 were sworn in by the Clerk to the Board Case 487 Special use permit application for a 200 monopole telecommunications facility on approximately 288 acres located on Wilson’s Mills Road SR 1913 in Smithfield Township Owner Stephenson Family Limited Partnership ; Applicant SBA , Inc Mr Roesler explained this request is for a 200 monopole telecommunications facility He offered as evidence the following information concerning this case Statement of Facts Concerning Rezoning Case # 487 - Submitted by Planning Department A pre - application hearing was held with the applicant on March 16 , 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 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 April 18 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and recommended approval of rezoning to AR R40 - Special Use District They based their decision on the following findings of fact and recommended the following conditions Findings of facts 1 Cell towers are a public utility protected by the telecommunications act 1996 9 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Fall zone must be protected 2 Removal of the tower within six 6 months of discontinuation of use of tower by carriers Mr Styers asked that the information presented in the rezoning hearing be incorporated as evidence in this hearing In response to a question from Commissioner Wade M Stewart concerning co - location on the towers , Mr Styers explained until a few years ago , each company built their own tower Now companies such as SBA build for multiple users The requested tower would support several antennae Commissioner Stewart suggested the requirement of co - location be added as a condition to this request ,PagePage pageNumber8196 as well as on further requests for communication towers The Chairman recessed the Special Use Public Hearing Decision on Application for Special Use Permit - Case 487 Case 487 Special use permit application for a 200 monopole telecommunications facility on approximately 288 acres located on Wilson’s Mills Road SR 1913 in Smithfield Township Owner Stephenson Family Limited Partnership ; Applicant SBA , Inc Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to SBA , Inc for a 200 monopole telecommunications facility on approximately 288 acres located on Wilson’s Mills Road SR 1913 in Smithfield Township based on the following findings of facts and subject to the following conditions Findings of facts 1 Cell towers are a public utility protected by the telecommunications act 1996 2 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Fall zone must be protected 2 Removal of the tower within six 6 months of discontinuation of use of tower by carriers 3 Company must allow co - location on tower The Chairman re - opened the Rezoning Hearing Case 488 Petition to rezone approximately 451 acres located on Lynch Road SR 1745 in O’Neals Township from AR R40 to AR R40 - Special Use District Owner Roberts & Wellons , Inc ; Applicant SBA , Inc Mr Roesler pointed out this property and the affected area on the GIS map and noted it is located near NC 42 off Lynch Road in O’Neals Township The surrounding zoning is Planned Unit Development and AR R - 40 Mr Styers , representing SBA , Inc , noted this site is in a heavily wooded area In order to see how this would impact the community , a balloon was flown at the proposed height of the tower , which was not visible from the surrounding populated areas The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 488 Case 488 Petition to rezone approximately 451 acres located on Lynch Road SR 1745 in O’Neals Township from AR R40 to AR R40 - Special Use District Owner Roberts & Wellons , Inc ; Applicant SBA , Inc Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board approved rezoning case 488 for SBA , Inc , of approximately 451 acres located on Lynch Road SR 1745 in O’Neals Township from AR R40 to AR R40 - Special Use District The Chairman re - opened the Special Use Public Hearing Those wishing to speak on Cases 488 , 489 and 490 were sworn in by the Clerk to the Board Case 488 Special use permit application for a 250 lattice telecommunications tower on approximately 451 acres located on Lynch Road SR 1745 in O’Neals Township Owner Roberts and Wellons , Inc ; Applicant SBA , Inc Mr Roseler stated this request is for a 250 lattice telecommunications tower He offered as evidence the following information concerning the case PagePage pageNumber9197 Statement of Facts Concerning Rezoning Case # 488 - Submitted by Planning Department A pre - application hearing was held with the applicant on March 15 , 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 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 April 18 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and recommended approval of rezoning to AR R40 - Special Use District They based their recommendation on the following findings of fact and recommended the following conditions be attached to the permit Findings of facts 1 Cell Towers are a public utility protected by the telecommunications act 1996 2 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Monopole tower not to exceed 250 in height 2 Appropriate fall zone protected 3 Removal of the tower within six 6 months of discontinued use Mr Roesler noted the Planning Board recommended a monopole instead of the lattice tower because of the number of lattice towers already in the County , and the fact that the monopole looks better Mr Styers again asked that his remarks made earlier in the hearing be incorporated as evidence for this case also and referred the Board to the section in the notebook called the Flowers Site He noted the company requested a lattice tower for this site because of the projected height Monopole towers are not economically feasible above 200 feet due to their design In order to support a monopole 250 high , the base would have to be very large in diameter He also pointed out the lattice tower provides more room for co - location of antenna He asked the Board to approve the lattice tower as requested The Chairman recessed the Special Use Public Hearing Decision on Application for Special Use Permit - Case 488 Case 488 Special use permit application for a 250 lattice telecommunications tower on approximately 451 acres located on Lynch Road SR 1745 in O’Neals Township Owner Roberts and Wellons , Inc ; Applicant SBA , Inc Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to SBA , Inc for a 250 lattice telecommunications tower on approximately 451 acres located on Lynch Road SR 1745 in O’Neals Township based on the following findings of fact and subject to the following conditions Findings of Facts 1 Cell towers are a public utility protected by the telecommunications act of 1996 Page0198 2 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Lattice Tower not to exceed 250 in height 2 Appropriate fall zone protected 3 Removal of tower within six 6 months of discontinued use 4 Company must agree to co - location on tower The Chairman re - opened the Rezoning Public Hearing Case 489 Petition to rezone approximately 45 acres located on US 301 in Selma Township from AR R40 to AR R40 - Special Use District Owner Leland R Boswell ; Applicant SBA , Inc Mr Roesler pointed out the property on the GIS map and noted it is located on US 301 near I - 95 between Selma and Micro’s planning jurisdictions The surrounding zoning is AR R - 40 and Interstate Highway Overlay District Mr Styers again asked that his earlier testimony be incorporated as evidence in this case He directed the Board to the Selma Site portion of the notebook and noted this tower would be capable of handling four carriers plus Carolina wireless The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 489 Case 489 Petition to rezone approximately 45 acres located on US 301 in Selma Township from AR R40 to AR R40 - Special Use District Owner Leland R Boswell ; Applicant SBA , Inc Upon a motion by Commissioner Jerry F Wood , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 489 for SBA , Inc of approximately 45 acres located on US 301 in Selma Township from AR R40 to AR R40 - Special Use District The Chairman re - opened the Special Use Permit Hearing Case 489 Special use permit application for a 250 lattice telecommunications tower on approximately 45 acres located on US 301 in Selma Township Owner Leland R Boswell ; Applicant SBA , Inc Mr Roesler offered as evidence the following information concerning Case 489 Statement of Facts Concerning Rezoning Case # 489 - Submitted by Planning Department A pre - application hearing was held with the applicant on March 27 , 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 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 thePage1199 requirements of the North Carolina General Statutes On April 18 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and made recommended approval of rezoning to AR R40 - Special Use District They based their decision on the following findings of fact and placed the following conditions Findings of facts 1 Cell towers are a public utility protected by the telecommunications act 1996 2 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Fall zone must be protected 2 Removal of the tower within six 6 months of discontinuation of use of tower by carriers Mr Styers again asked that his previous testimony and documentation for the Selma Site be incorporated into the evidence on this case , as well as his testimony concerning the value of lattice vs monopole when the height is 250 feet The Chairman Closed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 489 Case 489 Special use permit application for a 250 lattice telecommunications tower on approximately 45 acres located on US 301 in Selma Township Owner Leland R Boswell ; Applicant SBA , Inc Upon a motion Commissioner Wade M Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to SBA , Inc for a 250 lattice telecommunications tower on approximately 45 acres located on US 301 in Selma Township based on the following findings of facts and subject to the following conditions Findings of facts 2 Cell towers are a public utility protected by the telecommunications act of 1996 3 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Lattice design not to exceed 250 2 Fall zone must be protected 3 Removal of the tower within six 6 months of discontinuation of use of tower by carriers 4 Company must allow co - location on tower The Chairman re - opened the Rezoning Public Hearing Case 490 Petition to rezone approximately 1041 acres located on NC 39 in O’Neals Township from AR R40 to AR R40 - Special Use District Owner Patrick O’Neal ; Applicant SBA Towers , Inc Mr Roesler indicated the property and affected area on the GIS map and noted this site location is on NC 39 near the intersection with NC 42 The surrounding zoning is AR R - 40 and general business Mr Styers explained this site is located approximately 1800 feet from Hwy 39 and is the most remote of the four sites The tower would be 380 feet tall with guyed lines since at that height , the amount of structural steel for lattice construction would not be economical He noted his company works with different companies , and in this case , Alltel has indicated they need the 380 in height for their purposes Johnston County Communications has also indicated they may want to locate on the tower at some time , and SBA has agreed to reserve space for them at no cost to the County Jerry Eatmon of Raleigh , Alltel representative , stated his company needs the 380 tower since they are extending digital coverage and data Internet access to the County The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 490Page2200 Case 490 Petition to rezone approximately 1041 acres located on NC 39 in O’Neals Township from AR R40 to AR R40 - Special Use District Owner Patrick O’Neal ; Applicant SBA Towers , Inc Upon a motion by Commissioner Eleanor N Creech , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 490 for SBA , Inc of approximately 1041 acres located on NC 39 in O’Neals Township from AR R40 to AR R40 Special Use District The Chairman re - opened the Special Use Permit Hearing Jerry Eatmon with Alltel was sworn in Case 490 Special use permit application for a 380 telecommunications facility on approximately 1041 acres located on NC 39 in O’Neals Township Owner Patrick O’Neal ; Applicant SBA Towers , Inc Mr Roesler offered as evidence the following information concerning Case 490 Statement of Facts Concerning Rezoning Case # 490 - Submitted by Planning Department A pre - application hearing was held with the applicant on March 27 , 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 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 April 18 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and recommended approval of rezoning to AR R40 - Special Use District They based their decision on the following findings of fact and placed the following conditions Findings 1 Cell towers are a public utility protected by the telecommunications act 1996 2 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Fall zone must be protected 2 Removal of the tower within six 6 months of discontinuation of use of tower by carriers Mr Styers asked that his earlier testimony and documentation from the notebook under the heading , “ Cat tail Site ” be incorporated into the evidence of this hearing Mr Jerry Eatmon with Alltel asked that his comments during the rezoning hearing concerning Alltel’s need for the tower site and their support for this permit be incorporated into the evidence for this hearing The Chairman recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 490Page3201 Case 490 Special use permit application for a 380 telecommunications facility on approximately 1041 acres located on NC 39 in O’Neals Township Owner Patrick O’Neal ; Applicant SBA Towers , Inc Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to SBA Towers , Inc for a 380 telecommunications facility on approximately 1041 acres located on NC 39 in O’Neals Township based on the following findings of facts and subject to the following conditions Findings of facts 1 Cell towers are a public utility protected by the telecommunications act 1996 2 The proposed use will improve emergency cellular communications by expanding the service area Conditions 1 Fall zone must be protected 2 Removal of the tower within six 6 months of discontinuation of use of tower by carriers 3 Allow co - location on tower 4 Site to be reserved for Johnston County 911 at no charge The Chairman re - opened the Rezoning Public Hearing Case 497 Petition to rezone approximately 10 acres located on Zack’s Mill Road SR 1319 in Pleasant Grove Township from AR R40 to General Business - Special Use District Owners and Applicants Joy Anita Jones and John Richard Somogyi Mr Roesler pointed out the property on the GIS map and noted it is located near NC 50 and is bordered on the south by Black Creek The surrounding zoning is AR R - 40 and commercial Applicant Joy Jones of Tree Farm Lane , Angier , NC offered to answer any questions the Board might have Mr Roesler stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 497 Case 497 Petition to rezone approximately 10 acres located on Zack’s Mill Road SR 1319 in Pleasant Grove Township from AR R40 to General Business - Special Use District Owners and Applicants Joy Anita Jones and John Richard Somogyi Upon a motion Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 497 for Joy Anita Jones and John Richard Somogyi of approximately 10 acres located on Zack’s Mill Road SR 1319 in Pleasant Grove Township from AR R40 to General Business - Special Use District The Chairman re - opened the Special Use Permit Hearing Those wishing to speak on Case 497 were sworn in by the Clerk to the Board Case 497 Special use permit application or an office building , along with enclosed fenced area to store equipment on approximately 10 acres located n Zack’s Mill Road SR 1319 n Pleasant Grove Township Owners and Applicants Joy Anita Jones and John Richard Somogyi Mr Roesler stated this is a request for an office building with fenced area for storage of equipment for a landscape , grading and hauling business He offered as evidence the following information concerning Case 497 Statement of Facts Concerning Rezoning Case # 497 - Submitted by Planning Department A pre - application hearing was held with the applicant on March 24 , 2000 At that time , the applicantPage4202 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 April 18 , 2000 , the Johnston County Planning Board held a public meeting regarding this case and recommended approval of rezoning to General Business I - Special Use District They based their decision on the following findings of fact and placed the following conditions Findings 1 The proposed use is not inconsistent with surrounding uses 2 The proposed use will not have a negative impact on the neighborhood 3 The owners intend to live on the property Conditions 1 Class A Buffer 2 Storage of materials and vehicles , equipment used in the business be stored at the rear enclosed area of the building as shown on the plat 3 Hours of operation 6 00 am - 7 00 pm 4 Days of operation , Monday - Saturday 5 The issuance of a commercial driveway permit from DOT The Chairman Closed the Special Use Public Hearing Decision on Application for Special Use Permit Case 497 Case 497 Special use permit application or an office building , along with enclosed fenced area to store equipment on approximately 10 acres located on Zack’s Mill Road SR 1319 in Pleasant Grove Township Owners and Applicants Joy Anita Jones and John Richard Somogyi 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 Joy Anita Jones and John Richard Somogyi for an office building , along with enclosed fenced area to store equipment on approximately 10 acres located on Zack’s Mill Road SR 1319 in Pleasant Grove Township , based on the following findings of facts and subject to the following conditions Findings 1 The proposed use is not inconsistent with surrounding uses 2 The proposed use will not have a negative impact on the neighborhood 3 The owners intend to live on the property Conditions 1 Class A Buffer 2 Storage of materials and vehicles , equipment used in the business be stored at the rear enclosed area of the building as shown on the plat 3 Hours of operation 6 00 am - 7 00 pm 4 Days of operation , Monday - Saturday 5 The issuance of a commercial driveway permit from DOT Page5203 The Chairman re - opened the Rezoning Public Hearing Case 481 Petition to rezone approximately 446 acres located off Cleveland Road SR 1010 in Cleveland Township from R 30 to AR R40 Owner and Applicant Carolina Packers , Inc Cal Genereux indicated the property on the GIS map and noted it is located near Old Drug Store close to Michael’s Restaurant He explained this request is for a small corner portion of a larger tract that was rezoned R - 30 several months ago A stream that requires a riparian buffer runs through this section of the property , and only one crossing of the stream is recommended Originally the section was designed for five lots ; however due to soil conditions , only two septic tanks are allowed The applicants are asking the Board to rezone this section AR R - 40 so they will not be required to connect the two lots to public water The surrounding zoning is primarily R - 30 Steven Sanderson with Southwind Surveying and Engineering spoke on behalf of the applicant He noted it would be extremely expensive to get public water to the two lots The adjacent property owners were approached about allowing these lots to be added to their community water system ; however , the State will not allow them any additional taps The applicant wishes property rezoned to AR R - 40 so he can drill a well to serve these two lots Mr Genereux stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 481 Case 481 Petition to rezone approximately 446 acres located off Cleveland Road SR 1010 in Cleveland Township from R 30 to AR R40 Owner and Applicant Carolina Packers , Inc Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board approved rezoning case 481 of approximately 446 acres located off Cleveland Road SR 1010 in Cleveland Township from R 30 to AR R40 The Chairman re - opened the Rezoning Public Hearing Case 482 Petition to rezone approximately 2484 acres located on Roberts Road SR 1523 in Pleasant Grove Township from AR R40 to R 30 Owner Larry Roberts ; Applicant S Vann Sauls Mr Genereux indicated the property on the GIS map and noted it is located near I - 40 and Sanders Road north of Benson , in the McGee’s Crossroads Water District He stated the road is currently unpaved , but is on the list to be paved within a year Surrounding zoning is AR R - 40 , Mobile Home Park District , R - 30 and Commercial Attorney Vann Sauls , representing the owner , offered to answer any questions the Board might have Mr Genereux stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 482 Case 482 Petition to rezone approximately 2484 acres located on Roberts Road SR 1523 in Pleasant Grove Township from AR R40 to R 30 Owner Larry Roberts ; Applicant S Vann Sauls Commissioner Jerry F Wood moved the Board approve rezoning case 482 of approximately 2484 acres located on Roberts Road SR 1523 in Pleasant Grove Township from AR R40 to R 30 Commissioner Wade M Stewart seconded the motion which carried by the following vote Ayes James H Langdon , Jr , Wade M Stewart , Jerry F Wood and Eleanor N Creech Nays Cookie PopePage6204 Commissioner Pope asked that the record reflect that her reason for voting no was due to the impact on schools and the quality of life CASE 484 WAS WITHDRAWN PRIOR TO THE REZONING MEETING The Chairman re - opened the Rezoning Public Hearing Case 485 Petition to rezone approximately 177 acres located on Old Drugstore Road SR 1524 in Cleveland Township from AR R40 to General Business 1 Owner Jennifer Carro Taylor ; Applicant Son - Lan Development Co , Inc Mr Genereux pointed out the property on the GIS map and noted it is located near the Old Drugstore Interchange at I - 40 NC 42 The surrounding zoning is Interstate Highway District and General Business Sonny Johnson with Son - Lan Development Co represented the owner and offered to answer any questions the Board might have Mr Genereux stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 485 Case 485 Petition to rezone approximately 177 acres located on Old Drugstore Road SR 1524 in Cleveland Township from AR R40 to General Business 1 Owner Jennifer Carro Taylor ; Applicant Son - Lan Development Co , Inc Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 485 for Son - Lan Development Company , Inc of approximately 177 acres located on Old Drugstore Road SR 1524 in Cleveland Township from AR R40 to General Business I The Chairman re - opened the Rezoning Public Hearing Case 491 Petition to rezone approximately 1100 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR R40 to R 30 Owner A D McGee ; Applicant James N Sherron Mr Genereux pointed out this property on the GIS map and noted it is located near Creech Grocery close to the intersection of NC 210 and Old Fairground Road south of Interstate 40 The property is in the McGee’s Crossroads Water District , and the surrounding zoning is AR R - 40 , Commercial and R - 30 Applicant James Sherron of Garner Road in Raleigh offered to answer any questions the Board might have concerning this case Mr Genereux stated the Planning Board recommended approval of the rezoning The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 491 Case 491 Petition to rezone approximately 1100 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR R40 to R 30 Owner A D McGee ; Applicant James N Sherron Commissioner Jerry F Wood moved the Board approve rezoning case 491 for James N Sherron of approximately 1100 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from AR R40 to R 30 Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr Wade M Stewart , Jerry F Wood and Eleanor N Creech Nays Cookie PopePage7205 Commissioner Pope again asked that the record reflect that her reason for voting no was due to the impact on schools and the quality of life The Chairman re - opened the Rezoning Public Hearing Case 492 Petition to rezone approximately 1783 acres located on Old Roberts Road SR 1519 in Pleasant Grove Township from R 10 to Industrial 2 Owner Reedy Branch Farms , Inc and M & T Farms , LLC ; Applicant Charles A Hawley Mr Genereux indicated the property on the GIS map and noted it is located near the I - 40 NC 42 Interchange This request is for a portion of a larger parcel north of Old Roberts Road The surrounding zoning is R - 10 , Mobile Home Park District , Commercial , R - 30 and Interstate Highway Overlay Charles Hawley of Cleveland School Road , Garner , NC , stated this would allow the property to conform with the adjoining property , which is already zoned I - 2 Mr Genereux stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 492 Case 492 Petition to rezone approximately 1783 acres located on Old Roberts Road SR 1519 in Pleasant Grove Township from R 10 to Industrial 2 Owner Reedy Branch Farms , Inc and M & T Farms , LLC ; Applicant Charles A Hawley Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 492 for Charles A Hawley of approximately 1783 acres located on Old Roberts Road SR 1519 in Pleasant Grove Township from R 10 to Industrial 2 The Chairman re - opened the Rezoning Public Hearing Case 493 Petition to rezone approximately 6508 acres located on McLemore Road SR 1514 in Cleveland Township from AR R40 to R 30 Owner Abram Troy Lassiter , Jr ; Applicant Linwood J Jones Mr Genereux pointed out this property on the GIS map and noted it is located near the place where Raleigh Road becomes Polenta Road The surrounding zoning is AR R - 40 and R - 30 Steven Sanderson with Southwind Surveying and Engineering , representing the applicant , stated part of the property is near a riparian stream and some of the lots will not perk Approximately 20 of the 60 acres are not suitable for building lots , and if zoned AR R - 40 the development would not be economically feasible He asked the Board to rezone to R - 30 so the developers can put in public water and increase the number of lots Mr Genereux stated the Planning Board recommended approval The Chairman recessed the Rezoning Public Hearing Decision on Rezoning Case 493 Case 493 Petition to rezone approximately 6508 acres located on McLemore Road SR 1514 in Cleveland Township from AR R40 to R 30 Owner Abram Troy Lassiter , Jr ; Applicant Linwood J Jones Commissioner Wade M Stewart moved the Board approve rezoning case 493 for Linwood J Jones of approximately 6508 acres located on McLemore Road SR 1514 in Cleveland Township from AR R40 to R 30 Commissioner Jerry F Wood seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Wade M Stewart , Jerry F Wood and Eleanor N Creech Nays Cookie PopePage8206 Commissioner Pope asked that the record reflect her reason for voting no was due to the impact on schools and the quality of life The Chairman re - opened the Rezoning Public Hearing Case 494 Petition to rezone approximately 2956 acres located at the intersection of Mt Pleasant Road SR 1533 and White Memorial Church Road SR 1532 in Pleasant Grove Township from Resort Residential - Special Use District to R 30 Owners Jerry Stephenson and Rebecca M Stephenson ; Applicant Linwood J Jones Mr Roesler pointed out this property on the GIS map and noted it is located near the Wake County line The entire site is Resort Residential Special Use District , and the applicant is asking that the center portion , which will be developed for homes , be rezoned R - 30 The surrounding zoning is AR R - 40 and R - 30 The property is located within the McGee’s Crossroads Water District Steven Sanderson represented the applicant and noted the rezoning would not affect the size of the lots as both will allow subdividing into 30,000 sq ft parcels The R - 30 zoning would , however , eliminate some the uses that resort residential allows , which could be a problem with mortgage lending groups Tony Blalock who lives on Jackson King Road , Willow Springs , presented a petition in opposition to the rezoning request He explained he owns the adjacent farm , and would like to see the area remain rural in nature He noted it was his understanding the R - 30 would allow more dense development of the property He suggested this would impact on the lifestyle in the area , the schools , roads and natural resources He pointed out the land is near Middle Creek , and eventually dense development will pollute the creek Jesse Dry of White Memorial Church Road stated his wife owns adjacent property , and they too would like to see the area maintain its rural character He too suggested a large number of septic tanks will eventually create problems He asked the Board to deny the rezoning request for increased density Mr Sanderson reiterated that the current zoning will allow 30,000 sq ft lots His client is simply trying to remove some of the other options such as shops and restaurants from being allowed in the residential area He pointed out being close to the creek will require the developers to meet stormwater management regulations , which will have to be approved before any construction The horse complex , about one - half of the property , would remain Resort Residential SUD Mr Blalock stated when it was originally rezoned , the neighbors were told the Resort Residential designation would not change the character of the area , and 40,000 sq ft lots would be required Mr Dry agreed it was also his impression the lots would have to be 40,000 sq ft in size The Chairman asked Mr Roesler to clarify what would be allowed in Resort Residential zoning Mr Roesler stated the lots could be 30,000 sq ft , with different set back requirements and different types of homes A number of commercial uses would be allowed also The Chairman closed the Rezoning Public Hearing Decision on Rezoning Case 494 Case 494 Petition to rezone approximately 2956 acres located at the intersection of Mt Pleasant Road SR 1533 and White Memorial Church Road SR 1532 in Pleasant Grove Township from Resort Residential - Special Use District to R 30 Owners Jerry Stephenson and Rebecca M Stephenson ; Applicant Linwood J Jones Commissioner Jerry F Wood stated that based on his belief that the neighbors would be better off with R - 30 zoning , he moved the Board approve rezoning case 494 for Linwood J Jones of approximately 2956 acres located at the intersection of Mt Pleasant Road SR 1533 and White Memorial Church Road SR 1532 in Pleasant Grove Township from Resort Residential - Special Use District to R 30 Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Wade M Stewart , Jerry F Wood and Eleanor N Creech Nays Cookie Pope Commissioner Pope asked that the record reflect her reason for voting no was due to the impact onPage9207 schools and the quality of life There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Eleanor N Creech seconded the motion , which carried by unanimous vote _______________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage