December 13, 1999 - 6:55 PM - County Board of Commissioners Meeting Minutes

10 717 December 13 , 1999 6 55 pm The Johnston County Board of Commissioners resumed the December 6 , 1999 recessed session , Monday , December 13 , 1999 , at 6 55 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 , and Mark Payne , County Attorney The Chairman called the meeting to order and announced the purpose of the meeting is for the Board to hold a public hearing on the Community Development Block Grant program Public Hearing - Community Development Block Grant CDBG Program Advertised December 3 , 1999 in the Smithfield Herald The Chairman opened the public hearing and invited anyone who wished to address the Board on the Community Development Block Grant Program , the identification of community needs and desired CDBG activities Economic Development Director , Michael de Sherbinin , explained this program provides federal funds to address needs both for community improvement projects and economic development The community improvement projects are coordinated through the NC Division of Community Assistance , and economic development projects would be directed by the Department of Commerce This hearing is a first step to identify any needs If a project is developed , a specific public hearing will be held at a later date There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Eleanor N Creech and carried by unanimous vote , the Board adjourned December 13 , 1999 7 00 pm The Johnston County Board of Commissioners met in Regular Session , Monday , December 13 , 1999 , 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 , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted 1 Public Comments There were no public comments 2 Public Hearing Regular Rezoning Cases Advertised - The Smithfield Herald - November 30 and December 7 , 1999 Certified letters were mailed to adjoining property owners on December 2 , 1999 , and notices were posted at the locations on December 2 , 1999 Page718 Case 447 Petition to rezone two parcels totaling approximately 7039 acres at the intersection of US 70 and Swift Creek Road SR 1501 in Smithfield Township from Light Industrial with conditions to Light Industrial Owner and Applicant Johnston County Airport Authority Cal Genereux , Planning Director , pointed out the property on the GIS map and noted it is located on US70Business across from the Airport , and on Swift Creek Road across from Whitley Heights Subdivision The surrounding zoning is AR R - 40 , Industrial 1 , R - 30 , and General Business Overlay Chairman of the Airport Authority , Norman B Grantham , Jr stated this property was purchased with federal grant money for the purpose of protecting the airport The airport has no specific use for the land and would like to see the County maximize its use as an industrial site that is designed to enhance the neighborhood Economic Development Director , Michael de Sherbinin , supported the rezoning and noted the property would be enhanced with public utilities in the near future With the tract being located between US 70 Business and US 70 , this property will most likely attract its share of industrial prospects Ed Filicky , resident of Whitley Heights Subdivision , stated he would like to see an earlier restriction kept in place , which prohibited a street into the property on Swift Creek Road He opposed the rezoning and maintained that industrial traffic on the two lane road would create a hazard for the residents of Whitley Heights Jessie Hatcher , resident of Whitley Heights , asked that a buffer be maintained along Swift Creek Road , and that any streets cut into the industrial site be offset from the roads leading into the subdivision When it was explained that DOT would not approve offset roads , he asked if speed bumps could be put in the subdivision to discourage people taking short cuts through their neighborhood Commissioner Thomas M Moore reassured those present that no project would be approved for the site that would not benefit the area He noted the Department of Transportation will need to make necessary improvements to the road system as needed At the request of Commissioner Wade M Stewart , Attorney Mark Payne explained this case was previously rezoned from Industrial 2 to Industrial 1 with what appeared to be conditions Since it is not possible to put conditions on a rezoning , the applicant is now seeking a clean I - I zoning designation Commissioner Cookie Pope stressed the importance of the Economic Development Department informing potential buyers of all available properties and buildings , not just County owned properties such as this land She noted that documentation should be kept of the County's efforts to actively promote the private sector whenever appropriate Mr Genereux stated that both staff and the Planning Board recommended approval There being no further comments , the Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 447 Case 447 Petition to rezone two parcels totaling approximately 7039 acres at the intersection of US 70 and Swift Creek Road SR 1501 in Smithfield Township from Light Industrial with conditions to Light Industrial Owner and Applicant Johnston County Airport Authority Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 447 for the Johnston County Airport Authority of approximately 7039 acres at the intersection of US 70 and Swift Creek Road SR 1501 in Smithfield Township from Light Industrial with conditions to Light Industrial The Chairman re - opened the public hearing Case 448 Petition to rezone two parcels totaling approximately 18773 acres located onPage719 Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Planned Unit Development Owner and Applicant Eastpointe Associates , LLC Mr Genereux indicated the property on the GIS map and noted it is located on Cleveland Road near the old Cleveland School If rezoned , this would be an addition to the existing Broadmoor planned unit development The surrounding zoning is PUD , AR R - 40 , R - 30 Mr Genereux stated that both staff and the Planning Board recommended approval In response to a question from Commissioner Cookie Pope , Mr John Aman , owner of the property , stated that 33 acres of this land would be dedicated for recreational purposes There being no further comments , the Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 448 Case 448 Petition to rezone two parcels totaling approximately 18773 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Planned Unit Development Owner and Applicant Eastpointe Associates , LLC Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board approved rezoning case 448 for Eastpointe Associates , LLC of approximately 18773 acres located on Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential 40 to Planned Unit Development The Chairman re - opened the public hearing Case 449 Petition to rezone approximately 3629 acres located on Bear Farm Road SR 1914 in Wilson's Mills Township from Agricultural Residential 40 to Heavy Industrial Owner and Applicant Kenneth Talton Mr Genereux pointed out the property on the GIS map and explained this request is for a portion of a larger parcel located next to the railroad off US 70 between Selma's ETJ and the Town of Wilson's Mills The Neuse River runs along the back of the property Surrounding zoning is AR R - 40 , R - 10 SUD , R - 30 , Industrial I and General Business Overlay Michael de Sherbinin stated the Industrial Development Commission supports this request and believe that I - 2 would be the highest and best use of the property Both the towns of Selma and Wilson's Mills have written letters of support A lady from the audience , Diane Edwards , asked what the applicant plans to put on the property In response Mr Genereux read a list of the types of industry that would be allowed with I - 2 zoning Mr Genereux stated that both staff and the Planning Board recommended approval of this case There being no further comments , the Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 449 Case 449 Petition to rezone approximately 3629 acres located on Bear Farm Road SR 1914 in Wilson's Mills Township from Agricultural Residential 40 to Heavy Industrial Owner and Applicant Kenneth Talton Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved rezoning case 449 for Kenneth Talton of approximately 3629 acres located on Bear Farm Road SR 1914 in Wilson's Mills Township from Agricultural Residential 40 to Heavy Industrial The Chairman re - opened the public hearing Page720 Case 450 Petition to rezone four parcels totaling approximately 1623 acres on NC 42 in Cleveland Township from Agricultural Residential 40 to General Business Owners Judy Coats ; James Coats ; Lisa Coats ; Joy Coats ; Gerald Godwin and Preeti Godwin Applicant Charles Mast Mr Genereux indicated the parcels on the GIS map and noted they are located near I - 40 , close to the Wake County line The first of the four adjoining parcels begins at the intersection of NC 42 and Old Drug Store Road The surrounding zoning is AR R - 40 , Interstate Overlay , R - 30 , General Business , R - 20 and light industrial Staff recommended denial to the Planning Board Property owner , Judy Coates , asked the Board to rezone this property since all other property at that intersection is commercialized Wayne Lewter , who owns the adjacent property on NC 42 , opposed the rezoning He noted he understands the owners ' request since the County has already rezoned other parcels at the intersection , but in his opinion , this property , as well as that already rezoned , should be zoned agriculture residential Mr Genereux stated the Planning Board recommended approval There being no further comments , the Chairman recessed the public hearing and regular session was resumed Decision on Rezoning Case 450 Case 450 Petition to rezone four parcels totaling approximately 1623 acres on NC 42 in Cleveland Township from Agricultural Residential 40 to General Business Owners Judy Coats ; James Coats ; Lisa Coats ; Joy Coats ; Gerald Godwin and Preeti Godwin Applicant Charles Mast Commissioner Wade M Stewart made the motion to approve rezoning case 450 for Judy Coats ; James Coats ; Lisa Coats ; Joy Coats ; Gerald Godwin and Preeti Godwin of four parcels totaling approximately 1623 acres on NC 42 in Cleveland Township from Agricultural Residential 40 to General Business Commissioner Jerry F Wood seconded the motion which carried by the following vote Ayes James H Langdon , Jr , Allen L Mims , Jr , Jerry F Wood , Eleanor N Creech , Wade M Stewart and Thomas M Moore Abstaining Cookie Pope 3 Public Hearing Resumed - Rezoning Cases Requested as Special Use Districts These cases represent rezoning requests to a special use district The cases were heard without interruption with decisions following the hearing Case 442 Petition to rezone approximately 276 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owner Business Insurance Management , Inc ; Applicant Robert Parker Mr Genereux pointed out the property on the GIS map and noted it is located in the southwestern portion of the County near the Godwin Road intersection The surrounding zoning is AR R - 40 Commissioner Allen L Mims , Jr noted this property is off the highway and asked how the property would be accessed Applicant Robert Parker stated that currently , the property is accessed through one of the four small subdivisions he developed on his farm He wishes to use the parcel in question for a small business and was requesting it be rezoned for that purpose He noted , however , after looking at the zoning ordinance , his request would be asking the Board to violate one of the County's rules concerning access through a subdivision , and suggested , in his opinion , the Board would have to deny his request Commissioner Eleanor N Creech suggested an alternate access might be possible through another adjoining property which Mr Parker also owns PagePage pageNumber5721 After further discussion , Mr Genereux stated that both staff and the Planning Board recommended denial of this rezoning Case 443 Petition to rezone approximately 206 acres located at the intersection of Buffalo Road SR 1003 and Maggie Way Road SR 1717 in Wilders Township from Agricultural Residential 40 to Community Business Special Use District Owners and Applicants Wade and Janet Lee Mr Genereux pointed out this parcel on the GIS map and noted only the small portion north of Maggie Way is requested for rezoning The property is located near the Wake County Line , close to the Town of Wendell Surrounding zoning is AR R - 40 The staff recommended approval to the Planning Board Attorney Bob Spence , representing the applicants , showed a model of the proposed project He noted his clients purchased the property in order to relocate their business and move their family to Johnston County The Lees believed the parcel was zoned commercial since it was located within 700 feet of an intersection , there was an existing old store at the site and it was listed as commercial on the tax abstract After purchasing the property , they built a metal building on the site before finding out the parcel was not zoned for a business The old farm store was built prior to countywide zoning He showed pictures of the property and asked the Board to rezone it commercial since , in his opinion , it could never have a residential usage Janet Lee , owner and applicant , stated she and her husband have operated their business for 17 years in Wendell and have outgrown their present facility They found this property in Johnston County with enough land on the small parcel north of Maggie Way Road for the business and approximately 15 acres across the road for their home and the homes of their three children When they found out the smaller property was not zoned for commercial use , they started proceedings for rezoning She noted they were very disappointed when the Planning Board recommended denial She asked the Board to approve the rezoning , stating her family plans to make this their home and would do nothing to hurt the neighborhood Wade C Lee concurred with his wife's comments and noted they are currently constructing their home on the larger portion of the property Robert Mitchell , who lives on Lake Wendell Road , supported the rezoning He noted he lives in the neighborhood and was the one who brought this property to the Lee's attention He noted he was unaware at the time that someone else from the area was trying to purchase the site Their business is not a retail concern and consists only of storage for their supplies and vehicles He stated the Lees want to cooperate and have already changed their request from 9 acre to 2 acres in order to place their building further from the neighbor's property Jody Chamblee , former Chairman of the Board of Deacons of Clyde's Chapel Baptist Church located across the intersection from this property , asked that the record reflect that the church does not oppose this rezoning Glenn Medlin , current Chairman of the Deacons , concurred Others who spoke in favor of the rezoning were Larry Bridges , Turnipseed Road ; Willie E Jones , 14 Turnipseed Road ; Rick Eilers , 16745 Buffalo Road ; Bill Vaughn , 17059 Buffalo Road ; Felton G Thompson , 7501 Covered Bridge Road ; Donald Parrish , Wendell ; Wade Cornell Lee , Jr , Massey Road , Zebulon , son of the applicants who noted he plans to build his home on the property owned by his parents at this location ; Crystal Layton , daughter of the applicants ; Sherman Batten , Lake Wendell Road ; Barbara Mitchell , Lake Wendell Road ; Carlton Bailey , Maggie Way Road ; Ben Lee son of the applicants who also stated he plans to build a home on the larger portion of the property ; and Jesse Boykin , Wendell George Laurer , 776 Maggie Way , opposed the rezoning stating the property should remain residential He suggested that since the Lees do not have a retail operation , their business should be light industrial instead of community business He stressed he had no problem with the Lees moving to the community , but did object to a commercial business because of the surrounding zoning and a concern for safety issues due to increased traffic in the area Bill Arseniu , 667 Maggie Way , stated his house is only eight feet from the property line where thePagePage pageNumber6722 Lees have put their 10,000 sq ft building He noted he investigated the possibility of purchasing this property and was never led to believe it was zoned anything but agriculture residential The store has not operated in more than 10 years and the only other commercial site is the AT & T Tower that benefits the neighborhood He emphasized he and his neighbors who oppose this rezoning are not against the Lees , they simply are opposed to any commercial zoning in the community and wish the area to remain rural in character He went over the 12 point check list for rezoning found in the County's zoning ordinance and maintained this request does not qualify and would be spot zoning Mr Arseniu noted he has his house on the market and has already experienced a loss of value to his property He asked the Board to deny the rezoning Marsha Joyner of 224 Turnipseed Road , also opposed the rezoning and voiced concern that the rezoning would create additional traffic problems She agreed that the Lees are welcome to move to the neighborhood , but the community does not want the commercial business Herbert Case , 16750 Buffalo Road , voiced opposition to the rezoning and stated when he purchased a portion of the original farm , he was asked to give his word he would not have a business on the property and would maintain the rural character of the land He noted if the rezoning is approved , one half of his property would be adversely affected He agreed the community has no problem with the Lees , they just don't want the area to be anything but residential Also opposing the rezoning was Kathleen Whitfield of 736 Maggie Way who stated the property should remain residential Mr Spence responded the business would not create much additional traffic since the eight trucks owned by the applicants would leave in the morning and return each afternoon He maintained this would not hurt the value of property in the area and pointed out Mr Arseniu plans to move out of the community In response , Mr Arseniu stated he could only leave if he could find a buyer for his house He noted that potential buyers are concerned about this rezoning There being no further comments , Mr Genereux stated the Planning Board recommended denial Case 444 Petition to rezone three parcels totaling approximately 533 acres located on Highway 50 in Elevation Township from Community Business Special Use District to General Business Special Use District Owner Jackie Snow ; Applicant Richard Stone Mr Genereux pointed out the property on the GIS map and noted it is located near the intersection of NC 50 and Elevation Road The surrounding zoning is AR R - 40 , R - 30 , Mobile Home Park District and commercial Richard Stone of 2309 Glendale Avenue , Durham , stated the existing building has been in the community for fifteen years and has served several different businesses He noted there has been no opposition from the community Mr Genereux stated that both staff and the Planning Board recommended approval Case 445 Petition to rezone approximately 384 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential 40 to Light Industrial Special Use District Owner and Applicant Michael D Weeks Mr Genereux indicated the property on the GIS map and noted it is located on Old Fairground Road close to Robert Parker's property Case 442 The surrounding zoning is AR R - 40 Access to the property is along the southern edge of four lots situated to the west between this property and Old Fairground Road This case originated as a zoning violation and staff recommended denial to the Planning Board Commissioner Allen L Mims , Jr asked if there was a dedicated easement on each of these lots allowing Mr Weeks to access the property After checking the deeds , it was determined that each lot did designate a 50 easement PagePage pageNumber7723 Attorney Jeff Cooke , representing Mr Weeks , maintained this property has been commercial for more than 35 years A business was operating at the site in 1991 when countywide zoning came into affect Mr Weeks purchased it in 1993 and subdivided the land selling three lots at the front of the property , and maintaining this parcel for business use The present adjoining land owners all knew this lot was used for a commercial business at the time they came to the area , and only one opposes the use He maintained a special use district is appropriate for this property since it is 1400 feet off the road Robert Parker , 6551 Old Fairground Road , opposed the rezoning and noted he has a subdivision north of this property He reported Mr Weeks was first found to be in violation of the zoning ordinance when he operated a motor cross race track on the property He applied for rezoning and his case was denied A second attempt at rezoning to business was also denied Mr Parker noted this lot is not suitable for business or industry as it is low and will not perk He also found exception to the fact that Mr Weeks accesses the property through a subdivision , which is not in accordance with the County's ordinance Carolyn Parker , wife of Robert Parker , showed photographs of the property noting there are a number of nice homes in the area She stated the noise from Mr Weeks property has been a nuisance for the neighborhood First it was cars racing and now he sometimes does sandblasting with his business She maintained the business he is conducting is unsightly , noisy and a danger to the community Mr Cooke noted the homes in Ms Parker's photographs are not opposed to the rezoning He questioned Mr Parker's comments since he has also accessed his property through a subdivision Mr Genereux stated the Planning Board recommended approval Case 446 Petition to rezone approximately 527 acres located on Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owners Ricky and Wanda Green ; Applicant Ricky Green Mr Genereux pointed out the property on the GIS map and noted it is located on Covered Bridge Road near the intersection with Loop Road The surrounding zoning is Mobile Home Park District , AR R - 40 , R - 30 and a special use district for a stump dump and a mini - storage facility Staff recommended denial of this request to the Planning Board Applicant Ricky Green stated he has lived in the Archer's Lodge area all of his life and has owned a home improvement business for many years He is now looking for an additional source of income and would make sure the business is attractive He stated , in his opinion , based on the growth in the area , there is a need for this special use in the neighborhood and it will not create any traffic problems as it will be used primarily by local people Ed Green , the applicant's father , stated he supported his son in the rezoning Mike Hyatt , adjacent property owner who lives at 5500 Covered Bridge Road , opposed the rezoning and stated , in his opinion , this would be spot zoning He noted he operated a business at one time in this area , but moved his operation when he realized this area should remain residential He stated a great deal of money has been spent to enhance the area for the residents and this would detract Teresa Hyatt concurred and noted this is not a needed use in the community Adjacent property owner , Troy Lee , also stated , in his opinion , there is no need for this type of business in the area since one neighbor has already been approved for the same use Also speaking in opposition to the rezoning were Tim Whitner , Phillip Stocks , Janelle Fiamingo and Ricky Johnson , all of whom reside on Helena Lane in a subdivision across from the property They cited several concerns additional traffic and safety concerns for the children in the area , no need for the service , and loss of value to homes in the community Mr Johnson noted that even though some property in the area is zoned for a mobile home park , the owners have delayed the project and appear to be re - evaluating the potential for their land Mr Genereux noted the Planning Board recommended approval of the rezoning PagePage pageNumber8724 Case 451 Petition to rezone approximately 2 acres located on Buffalo Road SR 1003 in Wilders Township from Agricultural Residential 40 to Community Business Special Use District Owner Glenn Parker ; Applicant Etheridge Oil Co , Inc Mr Genereux indicated this property on the GIS map and noted it is located on Buffalo Road near the Wake County line The area requested for rezoning is a small portion along the northern edge of a larger parcel Surrounding zoning is Mobile Home Park and AR R - 40 Staff recommended approval Linwood Byrd , surveyor representing the applicant , stated the area is approximately 12 miles north of Archer's Lodge in a 45 mph speed zone He noted the road does have some curves to the north of the property , but he maintained the sight clearance from the property is not a problem He pointed out his client's business stresses safety and they would make every effort to be a good neighbor Applicant Hamp Ethridge , asked the Board to rezone the property He stated he has been in business for many years and feels this property would be appropriate for his operation He too stressed that safety was always a major priority in his business He noted the Department of Transportation has assured him that traffic would not be a concern He introduced his safety employee , Randy Renfrow , who assured the Board the company has always put safety as their number one concern In response to a question from Commissioner Allen L Mims , Jr , Mr Renfrow stated he had not contacted the Archer's Lodge Fire Department concerning their capability of taking care of any potential problems Casey Creech , a 40 year resident in the community , stated he was opposed to the rezoning He noted the area is residential and he would like to see it remain residential Teresa and Bret Brewton , who own property on Buffalo Road , opposed the rezoning and voiced concern about the safety on the road Ms Brewton stated she is a professional engineer that designs roadways The road is two lane and narrow at this point with a bad horizontal curve that is not obvious until a driver is already in the curve She noted that drivers expect the area to be residential and would not be expecting a commercial business at this location Mary Lou Price and Loraine Creech , residents along Buffalo Road , also opposed the rezoning stating concern for the safety due to the bad curve in the road Ms Creech also felt the rezoning would decrease the property values in the area Mr Genereux stated the Planning Board recommended denial of this case There being no further comments , the Chairman closed the public hearing 4 Rezoning Decision on Special Use Cases Case 442 Petition to rezone approximately 276 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owner Business Insurance Management , Inc ; Applicant Robert Parker Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board denied rezoning case 442 for Robert Parker of approximately 276 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Case 443 Petition to rezone approximately 206 acres located at the intersection of Buffalo Road SR 1003 and Maggie Way Road SR 1717 in Wilders Township from Agricultural Residential 40 to Community Business Special Use District Owners and Applicants Wade and Janet Lee Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 443 for Wade and Janet Lee of approximately 206 acres located at the intersection of Buffalo Road SR 1003 and Maggie Way Road SR 1717 in Wilders Township from Agricultural Residential 40 to Community Business Special Use District PagePage pageNumber9725 Case 444 Petition to rezone three parcels totaling approximately 533 acres located on Highway 50 in Elevation Township from Community Business Special Use District to General Business Special Use District Owner Jackie Snow ; Applicant Richard Stone Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 444 for Richard Stone of approximately 533 acres located on Highway 50 in Elevation Township from Community Business Special Use District to General Business Special Use District Case 445 Petition to rezone approximately 384 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential 40 to Light Industrial Special Use District Owner and Applicant Michael D Weeks Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board denied rezoning case 445 for Michael D Weeks of approximately 384 acres located on Old Fairground Road SR 1309 in Pleasant Grove Township from Agricultural Residential 40 to Light Industrial Special Use District Attorney Jeff Cooke asked the Board to provide to him and his client findings for their decision Case 446 Petition to rezone approximately 527 acres located on Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Owners Ricky and Wanda Green ; Applicant Ricky Green Commissioner Allen L Mims , Jr moved the Board deny rezoning case 446 for Ricky and Wanda Green of approximately 527 acres located on Covered Bridge Road SR 1700 in Wilders Township from Agricultural Residential 40 to Agricultural Residential 40 Special Use District Commissioner Thomas M Moore seconded the motion , which carried by the following vote Ayes Jerry F Wood , Thomas M Moore , Cookie Pope , Wade M Stewart , and Allen L Mims , Jr Nays James H Langdon , Jr and Eleanor N Creech Case 451 Petition to rezone approximately 2 acres located on Buffalo Road SR 1003 in Wilders Township from Agricultural Residential 40 to Community Business Special Use District Owner Glenn Parker ; Applicant Etheridge Oil Co , Inc Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board approved rezoning case 451 for Etheridge Oil Company , Inc of approximately 2 acres located on Buffalo Road SR 1003 in Wilders Township from Agricultural Residential 40 to Community Business Special Use District 5 Public Hearing - Special Use Permit Request Advertised - The Smithfield Herald - November 30 and December 7 , 1999 Certified letters were mailed to adjoining property owners on December 2 , 1999 , and notices were posted at the locations on December 2 , 1999 Persons wishing to give testimony will be sworn in by the Clerk Case 443 Special use permit for a plumbing business on approximately 206 acres located at the intersection of Buffalo Road SR 1003 and Maggie Way Road SR 1717 in Wilders Township Owners and Applicants Wade and Janet Lee Attorney Bob Spence stated this request is for a plumbing storage facility The Lees have eight trucks that leave each morning between seven and eight o'clock and come in late in the afternoon or early evening This is not an on - site sales facility but an office and supply warehouse The operation does its work at other locations He proposed the rezoning be approved with restrictions and stated the applicants will agree to any conditions the Board sees fit to attach to the permit He suggested buffering along the sides and across the back of the property , fencing , parking of vehicles on the side of the building away from Mr Arseniu's house and landscaping to meet the criteria of Planning Department He stated thisPage0726 is , in his opinion , a consistent use for the location , which in inherently commercial - institutional Commissioner Jerry F Wood stated he would want to see the buffering moved further from Mr Arseniu's lot Commissioner Thomas M Moore asked where the materials would be stored Wade Lee responded the materials will be kept inside except for some pipe that would be fenced in behind the building Janet Lee noted they would put up a privacy fence where needed Both concurred with Mr Spence's statement that they would agree to any conditions the Board felt necessary Bill Vaughn stated the Lee's operation should not impact traffic in the area Robert Mitchell noted the Lee's would be good for the community He expressed his hope that the community can work together George Laurer stated he did not understand the procedures for this hearing He noted Mr Lee's request is not for a retail business and will not be open to the public In his opinion , Article IV of the zoning ordinance indicates his type of business belongs in Light Industrial , not community business Bill Arseniu noted he too was confused about the procedure He asked that the record show that he requested the findings of fact concerning how the Board came to the decision to approve the rezoning He agreed with Mr Laurer stating the Lee's business should fall under light industrial He noted he could not see how this is a community business as it does not benefit the community He asked if the County is now considering Buffalo Road and Maggie Way as an activity node and pointed out the land is all zoned AR R - 40 except for the AT & T tower He stated , in his opinion , this use would not be consistent with the rest of the land and approval would be spot zoning Mr Arseniu stated he has read the Planning Ordinance and 10 of the 12 reasons for rezoning are not present in this case He noted the Lees have a fence and two large mean dogs , rottweiler and shepherd , and , if the Board approves this , he would like to see a solid wood fence that would secure the neighbors from the animals He also asked that the fence be close to the building so there would be a natural buffer zone between his house and the business He suggested the area should also be fenced between the building and the old storage where vehicles would be parked so as not to be visible from his house He voiced concern about the lights and stated he would like for them to be pointed down so as not to shine toward his house He spoke about how to enforce the limited use and noted the building would be used all the time creating noise and lights in the community He noted Mr Lee works on race cars in the building during the racing season In discussion Board members and Attorney Mark Payne agreed Mr Lee would be allowed to work on the cars in the building unless the Board specified differently Marsha Joyner opposed the permit and voiced concern about traffic safety if the Department of Transportation allows two driveways to the property Herbert Case noted he opposed the commercial operation in his back yard and stated he would be very upset if a driveway on Buffalo Road was approved as it would be very dangerous Originally a drive existed but has been closed since DOT moved the road closer to the store in order to straighten it He noted if the Board approves the permit , he would hope there would be a number of restrictions , including a solid fence instead of chain link He stressed he did not want storage in his back yard and questioned the hours of operation that would be allowed He stated he was not against the Lees , but was opposed to the Board approving the permit Kathleen Whitfield opposed the permit request and noted the Planning Board recommended denial She suggested this use would not benefit the neighborhood and asked for the name of a person she could call to report any violations The Planning Director informed Ms Whitfield that Phyllis Hicks is the Zoning Enforcement Officer She concluded that if the Board approved this request they not allow heavy machinery such as bulldozers at the site Mr Genereux stated the design manual will not allow a driveway cut on Buffalo Road Regarding the landscape buffers that would be required , the manual requires a class B buffer which consists of 3 large trees , six trees and 20 shrubs per hundred feet Outside storage will require an 8 solid fence Commissioner Allen L Mims , Jr stated he would want to see a vegistative buffer on the outside of the fence but would not want it to extend any further than Mr Arseniu's house so as not to cut off his view The buffer should be at least 15 feet from the corner of his house , and lighting should be indirect ,Page1727 not aimed toward the house He suggested parking on the left side only , however , employees could park cars in the front of the building Commissioner Thomas M Moore pointed out the fence needs to back up to the existing fence and the back of the lot should be screened from view Crystal Layton stated she works for a veterinarian and was offended with the comments about the dogs She maintained they were not guard dogs Mr Genereux explained a detailed site plan will have to be approved and will be kept on file in his office Case 444 Special use permit for a office supplies office furniture business on approximately 533 acres located on Highway 50 in Elevation Township Owner Jackie Snow ; Applicant Richard Stone Richard Stone stated he wishes to operate an office supply sales and distribution operation at the site He stated everything would be contained in the building Delivery trucks would come to the site , but should create no traffic problems He stated he liked the location , away from general pedestrian business as he is strictly commercial and does not solicit retail trade His hours of operation would be from 8 am until 5 pm Case 451 Special use permit for storage of LP tanks for reloading facility on approximately 2 acres located on Buffalo Road SR 1003 in Wilders Township Owner Glenn Parker ; Applicant Etheridge Oil Co , Inc Linwood Byrd stated he has talked extensively with the Department of Transportation concerning a driveway permit for this property He offered to answer any questions the Board might have In response to a question from Commissioner Allen L Mims , Jr about the choice of storing assorted size tanks instead of the larger tanks in the graveled area closest to the road , it was explained the large tanks were put as far as possible from the road to allow space for large trucks getting in and out Mr Byrd stated if this was a problem , the arrangement could be changed Teresa Brewton , traffic engineer , opposed the permit and stated the trucks will be using the highway and the majority will be using the curve that , in her opinion , is very dangerous She maintained that cars often run off the road , flip and people lose control She noted she checked with the NC Department of Agriculture and they have not yet approved the site for this facility She noted there are a number of hunters in the area and questions whether the tanks could withstand the impact of a stray bullet Bret Brewton challenged the Board to have engineers work with the Department of Transportation on this situation since the curve is so dangerous There being no further comments from the audience , the Chairman addressed the following questions to Mr Genereux concerning Cases 443 , 444 and 451 1 Mr Genereux , was a pre - application conference held by the Planning Department with the applicants on this case Response Yes Sir 2 Did the applicants meet the requirements at that time by providing sketch plans illustrating the location , size and major design elements of the development of the sites Response Yes Sir 3 Did your department prepare an analysis of the applications including conformity with zoning , subdivision , soil erosion and sedimentation , and health regulations Response Yes Sir 4 Did the Planning Board advertise and hold a hearing open to the public ResponseYes Sir 5 Was written certification sent to the adjacent property owners in a timely fashion Response Yes Sir 6 What is the recommendation of the Planning Board The Planning Board made the following recommendations Case 443 - The Planning Board recommended denial Case 444 - The Planning Board recommended approval Case 451 - The Planning Board recommended denial Page2728 Chairman Are conditions attached to this case Response Yes Sir Case 444 1 Sell office supplies and furniture 2 Take the buffering off the back of the property 3 Change the buffering on the front to A instead of B requirements Chairman Mr Genereux , please read to this Board the summary of the evidence supporting the Planning Board's recommendation Response Mr Genereux read the following evidence of support found by the Planning Board on Case 437 and Case 440 Case 444 1 The use is clean , quiet and non - disruptive 2 Traffic impact will be minimal 3 The site is located on an arterial highway 7 Did you notify the applicants in writing of the Planning Board's recommendations Response Yes Sir 8 Are the applicants aware that if the Commissioners deny the request that no application can be accepted for the same or a similar use affecting the same property for a period of twelve 12 months Response Yes Sir 9 Are the applicants aware that the right of appeal to the Superior Court must be exercised within thirty 30 days of this date Response Yes Sir 10 Are the applicants aware that the permit will expire at the end of twelve 12 months if it is not used as permitted within that time period Response Yes Sir There being no further comments , the Chairman closed the public hearing 6 Decisions On Special Use Permit Requests Case 443 Special use permit for a plumbing business on approximately 206 acres located at the intersection of Buffalo Road SR 1003 and Maggie Way Road SR 1717 in Wilders Township Owners and Applicants Wade and Janet Lee Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Wade and Janet Lee for a plumbing business on approximately 206 acres located at the intersection of Buffalo Road SR 1003 and Maggie Way Road SR 1717 in Wilders Township based on the following findings of facts and conditions Conditions 1 No driveway on Buffalo Road 2 Solid fence 10 off the line - across back and down the line but not extending beyond the neighbor's house - not a chain link fence 3 Landscaping requirements on outside of fence 4 Fence no further out than front set back of building 5 On east side - continuous buffer set back 15 ' off side of neighboring house 6 Solid screen vegetative buffering from the front set back of 10,000 square feet building to setback of neighbor's house 7 No lighting that is directed towards anyone else's property 8 Parking on west side of building trucks and work vehicles Findings of Fact 1 The neighborhood is historically commercial institutional in nature 2 With only offsite work conducted , traffic generated will not have a negative impact Case 444 Special use permit for a office supplies office furniture business on approximately 533 acres located on Highway 50 in Elevation Township Owner Jackie Snow ; Applicant Richard Stone Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Richard Stone for an office supplies office furniture business on approximately 533 acres located on Highway 50 in Elevation Township based on the following findings of facts and subject to the following conditions Page3729 Conditions 1 Sales Office supplies and furniture 2 Change the buffering on the front to " A " instead of " B " requirements 3 20 natural buffer along the back of property Findings of Fact 1 The use is clean , quiet and non - disruptive 2 Traffic impact will be minimal 3 The site is located on an arterial highway Case 451 Special use permit for storage of LP tanks for reloading facility on approximately 2 acres located on Buffalo Road SR 1003 in Wilders Township Owner Glenn Parker ; Applicant Etheridge Oil Co , Inc Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Jerry F Wood and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to Etheridge Oil Company , Inc for storage of LP tanks for reloading facility on approximately 2 acres located on Buffalo Road SR 1003 in Wilders Township based on the following findings of facts and subject to the following conditions Conditions 1 Site plan meets requirements and approved by Planning Department 2 Landscaping and buffers in accordance with requirements of ordinance and design manual Findings of Fact 1 This is a needed use in the community 2 SR 1003 is an arterial highway 3 Traffic generated would be minimal 7 Board Reports and Comments There were no Board Reports or Comments 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