May 7, 2018 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 280 Meeting of the Johnston County Board of Commissioners May 7 , 2018 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 7 , 2018 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Larry Wood , and Lee Jackson Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment Public Comments were given by Michael Struett and Christina Cowger at the end of the meeting See Item No 6 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – April 27 and May 4 , 2018 Certified letters were mailed to adjoining property owners on April 23 , 2018 Notices were posted at the locations on March 5 , 2018 for Cases 14 - 14 MOD ; 15 - 18 MOD ; 18 - 02 ; 18 - 04 ; 18 - 05 ; 18 - 06 ; and 18 - 07 The Chairman opened the Special Use Hearing for Case 14 - 14 MOD Case 14 - 14 MOD Petition to add automotive sales to the permitted uses on a 076 - acre tract located at 11461 NC Hwy 210 in Elevation Township Tax ID 07F07035B Owner Nicholas Chungo Applicant Alusine Turay Special Use Permit To allow for automotive repair and sales facility Those wishing to speak on Special Use Case 14 - 14 MOD were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to add automotive sales to the permitted uses on a 076 - acre tract located at 11461 NC Hwy 210 in Elevation Township Mr Kirkland entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 14 MOD on January 20 , 2018 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 20 , 2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 14 MOD and made the following recommendations Ms Hackler made a motion to approve the Modification for Rezoning Case 14 - 14 with the change in Condition # 7 to allow 15 cars vs 10 for sale , seconded by Mr Summerlin and carried by a unanimous vote of 9 - 0 Rezoning Case 14 - 14 Modification was approved at the March 20th , 2018 Planning Board Meeting Finding of Facts for the Special Use PermitPage281 May 7 , 2018 – 6 00 pm Continued 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposal will be adding auto dealership to the approved auto repair business to be able to sell used vehicles that has been worked on in the lot 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant With already existing auto repair business , the auto sales of used cars will comply with county , state , and federal regulations of all automotive repair and sales transactions with professional service to the people of Johnston County 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The operation will be a small auto repair and sales business specializing in import vehicles that serves Johnston County community with clean , professional , and affordable auto services 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant McGee’s Crossroads is a growing and developing area with lots of traffic The auto repair and sales will enhance the area with professional automotive service and sales at a great convenience and affordable prices to the community Specific Land Uses APPLICANT To add automotive sales to the list of permitted uses for the site Special Use Conditions 1 Permitted Uses automotive repair and sales facility 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Limited to the outdoor storage of 15 vehicles awaiting pick up or repair , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 Limited to 10 15 vehicles for sale 8 All signage must comply with the sign code as stated in Section 14 - 509 9 Hours of operation shall be limited to Monday – Saturday 8 00am - 8 00pm ; Sunday 8 00am – 5 00pm 10 Must properly dispose of all petroleum , oils , and lubricants Mr Kirkland reviewed the proposed changes to the special use conditions with the Board He stated the surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Interstate Highway Interchange overlay and used for multiple businesses ; and Industrial 2 – Special Use District for automotive sales and repair Mr Kirkland stated the area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term In addition , the site is located approximately ½ mile from a regional center commercial activity node Applicant Alusine Turay , 263 Oak Island Trail , Clayton , stated the current owner is in the process of selling the property to him and he would like to expand the operation to include sales along with automotive repair There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the special use permit modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 14 MOD Decision on Special Use Case 14 - 14 MOD Case 14 - 14 MOD Petition to add automotive sales to the permitted uses on a 076 - acre tract located at 11461 NC Hwy 210 in Elevation Township Tax ID 07F07035B Owner Nicholas Chungo Applicant Alusine Turay Special Use Permit To allow for automotive repair and sales facility Page282 May 7 , 2018 – 6 00 pm Continued Based on findings of facts and special use conditions as listed below , Commissioner Chad M Stewart moved the Board approve the petition to modify the special use permit for Case 14 - 14 MOD to add automotive sales to the permitted uses on a 076 - acre tract located at 11461 NC Hwy 210 in Elevation Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposal will be adding auto dealership to the approved auto repair business to be able to sell used vehicles that has been worked on in the lot 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant With already existing auto repair business , the auto sales of used cars will comply with county , state , and federal regulations of all automotive repair and sales transactions with professional service to the people of Johnston County 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The operation will be a small auto repair and sales business specializing in import vehicles that serves Johnston County community with clean , professional , and affordable auto services 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant McGee’s Crossroads is a growing and developing area with lots of traffic The auto repair and sales will enhance the area with professional automotive service and sales at a great convenience and affordable prices to the community Specific Land Uses APPLICANT To add automotive sales to the list of permitted uses for the site Special Use Conditions 1 Permitted Uses automotive repair and sales facility 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 Limited to the outdoor storage of 15 vehicles awaiting pick up or repair , outdoor storage must be enclosed by an 8 ’ opaque fence or vegetative screening 7 Limited to 15 vehicles for sale 8 All signage must comply with the sign code as stated in Section 14 - 509 9 Hours of operation shall be limited to Monday – Saturday 8 00am - 8 00pm ; Sunday 8 00am – 5 00pm 10 Must properly dispose of all petroleum , oils , and lubricants The Chairman reopened the Special Use Hearing for Case 15 - 18 MOD Case 15 - 18 MOD Petition to grant a 2 - year zoning approval extension to 15 acres located at 315 Vinson Rd in Wilson’s Mills Township The property is currently zoned Industrial 2 – Special Use District I2 - SUD Tax ID 17K06023O Owner Marvin Stevens Applicant Red Toad 315 Vinson Road , LLC Special Use Permit To allow for a Solar Utility Facility Those wishing to speak on Special Use Case 15 - 18 MOD were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to grant a 2 year extension of the special use permit for 15 acres located at 315 Vinson Rd in Wilson’s Mills Township for a solar utility facility Mr Kirkland entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 15 - 18 MOD on January 31 , 2018 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period Page283 May 7 , 2018 – 6 00 pm Continued ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 20 , 2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 18 MOD and made the following recommendations Mr Creech made a motion to approve the Modification for Rezoning Case 15 - 18 , seconded by Ms Hackler and carried by a unanimous vote of 9 - 0 Rezoning Case 15 - 18 Modification was approved at the March 20th , 2018 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant See project narrative statements of justification 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant See project narrative statements of justification 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant See project narrative statements of justification 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant See project narrative statements of justification Specific Land Uses APPLICANT To allow for a solar farm PagePage pageNumber5284 May 7 , 2018 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 7 Maximum height of equipment shall be 12 ’ 8 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 9 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 10 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 11 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair Mr Kirkland reported the surrounding zonings are Agricultural Residential and used for agricultural and residential purposes ; and RA - 40 and RA - 30 in the Wilson’s Mills ETJ and used for agricultural and residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Kirkland explained that applicants have two years to begin activity on the site once the initial special use permit is approved and staff can grant an additional one year extension He noted the applicant has already received the one year extension and now must seek approval from the Commissioners for an additional two year extension Javier Latre , 749 Cristaldi Way , Longwood , Florida , offered to answer any questions and stated the site plan has not changed from the original approval Mr Latre stated they hope to begin working on the site in the near future Nick Kirkland , 931 Occoneechee Drive , Fuquay - Varina , representing Kirkland Appraisals , requested that the original impact analysis dated April 25 , 2015 as included in the agenda packet as well as updated sales information be made a part of the official record Mr Kirkland spoke on the appraisal methodology used and stated their conclusion is that the use will not impact the adjoining property values PagePage pageNumber6285 May 7 , 2018 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the special use permit extension based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 15 - 18 MOD Decision on Special Use Case 15 - 18 MOD Case 15 - 18 MOD Petition to grant a 2 - year zoning approval extension to 15 acres located at 315 Vinson Rd in Wilson’s Mills Township The property is currently zoned Industrial 2 – Special Use District I2 - SUD Tax ID 17K06023O Owner Marvin Stevens Applicant Red Toad 315 Vinson Road , LLC Special Use Permit To allow for a Solar Utility Facility Based on findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board approve the request for Case 15 - 18 MOD to extend the special use permit for an additional two years allowing for a solar utility facility on 15 acres located at 315 Vinson Rd in Wilson’s Mills Township Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant See project narrative statements of justification 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant See project narrative statements of justification 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant See project narrative statements of justification 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant See project narrative statements of justification Specific Land Uses APPLICANT To allow for a solar farm PagePage pageNumber7286 May 7 , 2018 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 7 Maximum height of equipment shall be 12 ’ 8 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 9 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 10 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 11 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair The Chairman opened the Rezoning Hearing for Case 18 - 02 Case 18 - 02 Petition to rezone a 1 acre tract located at 2850 Old Fairground Rd NCSR 1309 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04016A Owner Dianne Gilleland Applicant Dora Rojas Interim Planning Director Matt Kirkland stated the petition is to rezone a 1 acre tract located at 2850 Old Fairground Road in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Kirkland noted the special use request associated with the rezoning is to allow for the operation of a child - care center with no more than 50 children He stated the site is currently zoned Agricultural ResidentialPagePage pageNumber8287 May 7 , 2018 – 6 00 pm Continued and was previously used for a private school The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated in the near term Applicant Dora Rojas , 365 Godwin Road , Benson , stated she has worked with young children for over 25 years through private tutoring , school systems and head start programs Ms Rojas stated in addition to child care , one of her goals at the operation is to offer children the chance to learn a second language She offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Commissioner Allen L Mims , Jr asked Mr Kirkland why staff recommended denial Mr Kirkland responded that staff’s recommendation for denial was based solely on the inconsistency with the Comprehensive Land Use Plan He explained the surrounding area is zoned Agricultural Residential and the proposed use would be commercial Commissioner Mims commented that with all the residential use in the area , a childcare facility would probably be welcome There being no further comments , the Chairman recessed the Rezoning Hearing for Case 18 - 02 Decision on Rezoning Case 18 - 02 Case 18 - 02 Petition to rezone a 1 acre tract located at 2850 Old Fairground Rd NCSR 1309 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04016A Owner Dianne Gilleland Applicant Dora Rojas Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 02 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 02 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 13D04016A located at 2850 Old Fairground Rd as shown on the attached Exhibit A , from Agricultural Residential to General Business Special Use District for the operation of a child care center with no more than 50 children WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that PagePage pageNumber9288 May 7 , 2018 – 6 00 pm Continued a The amendment is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed use would benefit the community and the conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business Special Use District th Adopted this the 7 day of May , 2018 The Chairman reopened the Special Use Hearing for Case 18 - 02 Case 18 - 02 To allow for the operation of a child - care center with no more than 50 children Owner Dianne Gilleland Applicant Dora Rojas Those wishing to speak on Special Use Case 18 - 02 were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to allow for the operation of a childcare center with no more than 50 children Mr Kirkland entered the fact sheet , supporting documents in the agenda packet , and introduced the following corrected summary of evidence into the record A pre - application consultation was held with the applicant for Case 18 - 02 on December 1 , 2017 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 20,2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 02 and made the following recommendations Mr Letchworth made a motion to approve the Rezoning Case 18 - 02 , seconded by Ms Hackler , with Mr Caldwell opposing , Rezoning Case 18 - 02 was approved at the March 20th , 2018 Planning Board Meeting with a vote of 8 - 1 Ms Hackler made a motion to approve the Special Use Conditions for Rezoning Case 18 - 02 with the revision to condition # 7 concerning the hours of operation from 6am - 9pm Monday - Sunday , seconded by Mr Summerlin and carried by a unanimous vote of 9 - 0 Rezoning Case 18 - 02 Special Use Conditions were approved at the March 20th , 2018 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The building has the capacity of fifty children The hours of operation are planned to be Monday - Friday from 6 30 AM – 6 00 PM The building is near three nearby public schools and an area of rapid population growth The purpose is to provide the community quality child care service 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant I will be licensed by a Division of Child Development of North Carolina I will be continuously supervised by my licensing supervisor of Johnston County 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The building is located near three public schools and by more than three major roads Hwy 210 , 50 , and 40 Page0289 May 7 , 2018 – 6 00 pm Continued 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The building is located within an area of rapid population growth A child care provider can begin to build trust with families even before a child’s first day of the program Specific Land Uses APPLICANT Child - care center for no more than 50 children Special Use Conditions 1 Permitted Uses Child - Care center for no more than 50 children 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer along all rezoning lines 1 large tree , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies including , but not limited to , Johnston County Building Inspections , Public Utilities , Environmental Health , and NC Department of Transportation 6 Number of children to be cared for shall be limited to no more than fifty 50 7 Hours of operation shall be Monday through Friday Sunday , 6 30 6 00 am until 6 00 9 00 pm 8 Signage must comply with the County’s sign code 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Mr Kirkland reviewed the special use conditions with the Board Applicant Dora Rojas , 365 Godwin Road , Benson , confirmed that she was acceptable to the special use conditions as proposed Commissioner Cookie Pope asked about the extended hours of operation Mr Rojas stated the extended hours of operation are for situations where parents need a later time to pick up their children She noted the later hours would also assist with the second language classes she would like to have At the inquiry of Commissioner Ted G Godwin , Mr Kirkland reported the State would be responsible for monitoring the number of children allowed in the facility There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 18 - 02 Decision on Special Use Case 18 - 02 Case 18 - 02 To allow for the operation of a child - care center with no more than 50 children Owner Dianne Gilleland Applicant Dora Rojas Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 02 to allow for the operation of a childcare center with no more than 50 children on a 1 acre tract located at 2850 Old Fairground Rd in Pleasant Grove Township Commissioner Larry Wood seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The building has the capacity of fifty children The hours of operation are planned to be Monday - Friday from 6 30 AM – 6 00 PM The building is near three nearby public schools and an area of rapid population growth The purpose is to provide the community quality child care service 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant I will be licensed by a Division of Child Development of North Carolina I will be continuously supervised by my licensing supervisor of Johnston County Page1290 May 7 , 2018 – 6 00 pm Continued 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The building is located near three public schools and by more than three major roads Hwy 210 , 50 , and 40 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The building is located within an area of rapid population growth A child care provider can begin to build trust with families even before a child’s first day of the program Specific Land Uses APPLICANT Child - care center for no more than 50 children Special Use Conditions 1 Permitted Uses Child - Care center for no more than 50 children 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer along all rezoning lines 1 large tree , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies including , but not limited to , Johnston County Building Inspections , Public Utilities , Environmental Health , and NC Department of Transportation 6 Number of children to be cared for shall be limited to no more than fifty 50 7 Hours of operation shall be Monday through Sunday , 6 00 am until 9 00 pm 8 Signage must comply with the County’s sign code 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 18 - 04 Case 18 - 04 Petition to add the Interstate Highway Interchange IHI Overlay District to two tracts totaling 967 acres located at the intersection of Old Drug Store Rd SR 1524 and NC Hwy 42 in Cleveland Township The tracts are currently zoned Industrial - 1 I - 1 with a portion within the IHI and General Business GB District Tax ID 06E02004E and 06D01009N Owner Matt Properties , LLC Applicant CG Acquisitions , LLC Interim Planning Director Matt Kirkland stated the petition is to add the Interstate Highway Interchange Overlay District to two tracts totaling 967 acres located at the intersection of Old Drug Store Road and NC Hwy 42 in Cleveland Township He stated the site is currently zoned Industrial 1 with a portion within the Interstate Highway Interchange overlay and used for a machine and fabrication business as well as General Business and currently vacant The surrounding land uses are zoned Agricultural Residential with the Interstate Highway Interchange overlay and used for residential and agricultural purposes ; General Business and used for multiple businesses ; and Community Business and used for multiple businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated in the near term In addition , this site is located between regional and community center activity nodes Brent Purdum , 4004 Barrett Drive , Raleigh , with Triangle Site Design , representing the applicant , offered to answer any questions by the Board Mr Purdum stated the applicant is trying to get one zoning classification for the entire property There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 18 - 04 Decision on Rezoning Case 18 - 04 Case 18 - 04 Petition to add the Interstate Highway Interchange IHI Overlay District to two tracts totaling 967 acres located at the intersection of Old Drug Store Rd SR 1524 and NC Hwy 42 in Cleveland Township The tracts are currently zoned Industrial - 1 I - 1 with a portion within the IHI and General Business GB District Tax ID 06E02004E and 06D01009N Owner Matt Properties , LLC Applicant CG Acquisitions , LLC Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 04 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Page2291 May 7 , 2018 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 18 - 04 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 06E02004E and 06D01009N located at the intersection of Old Drug Store Rd SR 1524 and NC Hwy 42 as shown on the attached Exhibit A , to add the Interstate Highway Interchange Overlay District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan This is because the site is located between two activity nodes in the primary growth area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The IHI overlay is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations 3 This Board approves the proposed zoning amendment to expand the Interstate Highway Interchange District th Adopted this the 7 day of May , 2018 The Chairman reopened the Rezoning Hearing for Case 18 - 05 Case 18 - 05 Petition to add the Interstate Highway Interchange IHI Overlay District to two tracts totaling 848 acres located on NC Hwy 210 in Pleasant Grove Township The tracts are currently zoned Agricultural Residential AR Tax ID 13E05003C and 13E05007D Owner Daniel - Lan Development , LLC Applicant Daniel - Lan Development , LLC Interim Planning Director Matt Kirkland stated the petition is to add the Interstate Highway Interchange Overlay District to two tracts totaling 848 acres located on NC Hwy 210 in Pleasant Grove Township He stated the tracts are currently zoned Agricultural Residential The surrounding land uses are zoned Agricultural Residential with the Interstate Highway Interchange overlay and used for residential and agricultural purposes ; General Business and used for multiple businesses ; and Community Business and used for multiple businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated in the near term In addition , this site is located between regional and community center activity nodes At the inquiry of Commissioner Allen L Mims , Jr , Mr Kirkland stated the applicant has not submitted formal plans yet ; however , he noted the large portion of property located to the north is part of a preliminary approval for a subdivision He stated the property to the south also has preliminary approval for 49 residential units with open space Jerry Dalton , 446 E Main Street , Clayton , with Dalton Engineering & Associates , representing the applicant , stated they would like to have a consistent zoning classification in the area and these two tracts of land are the only properties that do not have the Interstate Highway Interchange overlay There being no further public comments , the Chairman closed the public comment portion of the hearing Page3292 May 7 , 2018 – 6 00 pm Continued Mr Kirkland reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Chairman Jeffrey P Carver commented there is a reason why many of these types of requests are asking for the Interstate Highway Interchange overlay and given all the recent discussions regarding wastewater capacity , the Board needs to get a better understanding of the impacts to capacity when there are significant residential densities planned for the future There being no further comments , the Chairman recessed the Rezoning Hearing for Case 18 - 05 Decision on Rezoning Case 18 - 05 Case 18 - 05 Petition to add the Interstate Highway Interchange IHI Overlay District to two tracts totaling 848 acres located on NC Hwy 210 in Pleasant Grove Township The tracts are currently zoned Agricultural Residential AR Tax ID 13E05003C and 13E05007D Owner Daniel - Lan Development , LLC Applicant Daniel - Lan Development , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 05 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 05 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 13E05003C and 13E05007D located on NC Hwy 210 as shown on the attached Exhibit A , to add the Interstate Highway Interchange Overlay District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan This is because the site is located between two activity nodes in the primary growth area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The IHI overlay is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations 3 This Board approves the proposed zoning amendment to expand the Interstate Highway Interchange District th Adopted this the 7 day of May , 2018 The Chairman reopened the Rezoning Hearing for Case 18 - 06 Case 18 - 06 Petition to rezone 018 acres out of a 1667 acre tract located at 12330 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR with an Interstate Highway Interchange Overlay IHI to Agricultural Residential - Special Use District AR - SUD Tax ID 13E05008K Owner McGee’s Crossing LLC Applicant Baker , Donelson , Bearman , Caldwell & Berkowiz , PC on behalf of Cellco Partnership d b a Verizon WirelessPage4293 May 7 , 2018 – 6 00 pm Continued Interim Planning Director Matt Kirkland stated the petition is to rezone 018 acres out of a 1667 acre tract located at 12330 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential with an Interstate Highway Interchange Overlay to Agricultural Residential - Special Use District The surrounding land uses are zoned Agricultural Residential with the Interstate Highway Interchange overlay and used for residential and agricultural purposes ; General Business and used for multiple businesses ; and Community Business and used for multiple businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated in the near term In addition , this site is within a regional center activity node Attorney Josh Rotenstreich with Baker , Donelson , Bearman , Caldwell , & Berkowiz , PC on behalf of Cellco Partnership , reviewed the proposed plans for the subject site with the Board Mr Rotenstreich also introduced Michael Nicosia with Tower Engineering Company for technical questions concerning the proposed use Mr Rotenstreich stated the proposed use is a small cellular telecommunication facility with supporting equipment that will replace an existing light pole in the parking lot on the subject site with a height of 46 ’ Mr Rotenstreich stated the County currently does not have any regulations in the ordinance for a small cellular wireless facility ; therefore , they applied Section 14 - 257 of the ordinance to the use Mr Rotenstreich stated the setback for the facility would be the tower height plus 10 which would be a fall zone of 506 ’ Mr Rotenstreich reviewed the following with the Board as is contained within the Findings of Fact for the special use permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed facility will maintain and promote public health , safety , and general welfare The proposed facility will be constructed and operated in accordance with all applicable Federal , State , and local laws and ordinances including but not limited to the Federal Communications Commission FCC rules and guidelines The facility will be setback a distance greater than the structure height plus 10 percent from all adjacent property lines and public rights - of - way Please refer to the Certification Statement signed by Eva Morales , Real Estate Manager for Verizon Wireless , attached hereto as Exhibit 7 Please also refer to the NIER Statement signed by Sanjay Gupta , Radio Frequency Engineer for Verizon Wireless , attached hereto as Exhibit 12 Please also refer to Verizon Wireless ’ FCC licenses for Johnston County , NC , attached hereto as Exhibit 8 Please also refer to the Site Survey and Zoning Drawings prepared by Tower Engineering Professionals , attached hereto as Exhibit 5 Additionally , the facility will promote public health , safety , and general welfare by providing necessary wireless telecommunication capacity and coverage in the area Improved wireless capacity and coverage will promote public welfare , as it will aid the citizens of Johnston County in contacting 911 from mobile devices in emergencies The proposed facility will be located in a heavily trafficked shopping center near the major intersection of the I - 40 NC Hwy 210 interchange Sufficient wireless capacity in the highly trafficked area is necessary to ensure motorists and patrons of the shopping center can contact 911 using their mobile devices during emergencies 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The Certificate of Compliance , attached hereto as Exhibit 1 , and referenced exhibits demonstrate how the facility complies with each applicable regulation of the Land Development Code Please also refer to the Certification Statement signed by Eva Morales , Real Estate Manager for Verizon Wireless , attached hereto as Exhibit 7 Please also refer to the NIER Statement signed by Sanjay Gupta , Radio Frequency Engineer for Verizon Wireless , attached hereto as Exhibit 12 Please also refer to Verizon Wireless ’ FCC licenses for Johnston County , North Carolina , attached hereto as Exhibit 8 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The facility’s location , design , and proposed operation will maintain or enhance the value of contiguous property Generally , the facility will be located near the major I - 40 and NC Hwy 210 interchange within a heavily trafficked commercial node The facility will be located on a commercially developed property with a Food Lion shopping center such that the use will be consistent with the existing structures and uses on the subject and surrounding properties The facility will be located in the middle of a parking lot The facility will consist of small cell wireless equipment collocated on a replacement light pole in the parking lot on the subject property The replacement light pole will be of similar height , bulk , and design as the existing light poles in the parking lot The antennas will be concealed by a stealth canister on the top of the light pole The ground equipment will be contained in an equipment cabinet on a 4 ’ X4 ’ equipment pad on an existing island in the parking lot that contains a tree The equipment cabinet will be consistent with existing uses in the general vicinity , including a clothing donation container that will be located adjacent to the facility The facility’s location and design ensure that it will at minimum maintain the value of the contiguous property Additionally , the proposedPage5294 May 7 , 2018 – 6 00 pm Continued operation of the facility will enhance the wireless telecommunication capacity an coverage in the general vicinity This will improve the service of the tenants and patrons of the commercial establishments on the subject and contiguous properties , which should maintain , if not enhance the value of the contiguous property Additionally , the facility is a public necessity as it will provide necessary wireless telecommunication capacity and coverage in the area Improved wireless capacity and coverage will promote public welfare as it will aid the citizens of Johnston County in contacting 911 from mobile devices in emergencies The proposed facility will be located in a heavily trafficked shopping center near the major intersection of the I - 40 NC Hwy 210 interchange Sufficient wireless capacity in this highly trafficked area is necessary to ensure motorists and patrons of the shopping center can contact 911 using their mobile devices during emergencies 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed facility will be in general conformity with the general plans for the physical development of the County’s planning jurisdiction as embodied in the County Strategic Plan , or other development policies as adopted by the Board of Commissioners The Future Land Use designation for the Property according to the Johnston County 2030 Comprehensive Plan the “ Comprehensive Plan ” is Primary Growth Area The Primary Growth Area designation means that the Property is in an area where significant growth is expected Therefore , it is an area where investment in public infrastructure and adjustments to zoning to allow for higher residential densities and non - residential uses should be considered to meet the change in growth in the area Specifically , the subject property is located a the I - 40 and NC Hwy 210 interchange , within a community center commercial activity node The Comprehensive Plan recognizes the NC Hwy 210 area as a County planning hotspot The proposed facility will be in conformity with this future land use designation and with the projected future growth and development in this area It will provide increased coverage and capacity for wireless services to the Food Lion shopping center which will be required with the projected growth , increased development , and associated traffic at the shopping center , given its location near the I - 40 210 interchange Additionally , the facility is in general compliance with the Comprehensive Plan’s theme of Managing Growth and Infrastructure The facility will conform with the stated goals of encouraging development within urbanized and urbanizing areas and encouraging higher population densities and a greater mix of land uses in urban areas The proposed facility will provide increased capacity for wireless services in and around the Food Lion shopping center to accommodate the increased capacity demands that will result from higher population densities in compact growth patterns Mr Rotenstreich offered to answer any questions for the Board Michael Nicosia , 1108 Churchill Downs Drive , Waxhaw , with Tower Engineering , provided the Board with more information regarding the supporting equipment and noted the proposed location of the structure on the aerial photograph Upon a question by Commissioner Allen L Mims , Jr , Mr Nicosia stated these types of facilities generally have a coverage range of approximately 1,000 ’ to 1,500 ’ and would service just that area as well as offload some capacity needs from an existing tower He stated areas of high level users are best suited for these types of facilities There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 18 - 06 Decision on Rezoning Case 18 - 06 Case 18 - 06 Petition to rezone 018 acres out of a 1667 acre tract located at 12330 NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR with an Interstate Highway Interchange Overlay IHI to Agricultural Residential - Special Use District AR - SUD Tax ID 13E05008K Owner McGee’s Crossing LLC Applicant Baker , Donelson , Bearman , Caldwell & Berkowiz , PC on behalf of Cellco Partnership d b a Verizon Wireless Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 06 Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote Page6295 May 7 , 2018 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 18 - 06 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 13E05008K located at 12330 NC Hwy 210 as shown on the attached Exhibit A , from Agricultural Residential and Interstate Highway Interchange Overlay to Agricultural Residential Special Use District for small cell wireless telecommunication facility WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the pro