February 6, 2017 - 6:00 pm - County Board of Commissioners Meeting Minutes (Zoning)

10 537 Meeting of the Johnston County Board of Commissioners February 6 , 2017 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 6 , 2017 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 , Keith Branch , and Larry Wood 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 Kenly Boy Scout Troop 29 led those in attendance in the Pledge of Allegiance to the American Flag 1 Public Comment A Recognition of 911 - Communications Employee Tim Medlin 911 - Communications Director Jason Barbour recognized Shift Supervisor Tim Medlin for recently going above and beyond the call of duty to help someone that was locked in the trunk of a car At the request of the Board , Mr Medlin relayed the story of how he was able to assist a woman who was locked in the trunk of a car as part of a domestic dispute Mr Medlin stated he along with the Sheriff’s Office worked together to track the location of the cell phone and through texting with the individual , learned where she was being taken Mr Medlin stated through everyone’s efforts , they were able to intervene and help the woman The Board thanked Mr Medlin for his work and for going above the call of duty to help someone in distress B Citizen Concern – Chris Krencicki Mr Chris Krencicki , 109 Hinton Court , Clayton , addressed the Board and requested the County to take back the ETJ area of the Town of Clayton Mr Krencicki informed the Board of a situation in his neighborhood where he stated a neighbor has approximately 19 junk vehicles on the property and he believes is buying from salvage yards and repairing them Mr Krencicki spoke on how he feels the actions of the neighbor are impacting his property tax values and he expressed frustration that no one will intervene Mr Krencicki reported he lives outside of the city limits of Clayton but within the ETJ and neither the Town nor the County will enforce regulations Mr Krencicki stated he feels it is unreasonable for him to have to take his neighbor to court when regulations are in place but not being enforced The Board discussed the matter further with Mr Krencicki and asked for the County Attorney to provide clarification County Attorney Jennifer Slusser stated she would have to research the matter in more detail , but NCGS 160A - 360 governs ETJs which can be done by either interlocal agreement or by matter of right Ms Slusser stated in briefly looking at the issue earlier in the day , she does not believe the County has an interlocal agreement with the Town of Clayton in that the Board adopted a resolution in 2007 that allowed the Town of Clayton to expand their ETJ to two 2 miles , but again she would like to research the matter further before providing an opinion Ms Slusser stated when an interlocal agreement is in place for a two mile ETJ , there is a two year notice the County could give the Town before taking the two mile ETJ back ; however , she stated the Town would have to initiate such an exchange for the area within the one mile ETJ Ms Slusser stated she would like to research Mr Krencicki’s specific situation in order to see what options are available Commissioner Allen L Mims , Jr stated Mr Krencicki’s complaint is not the only one he gets from people living in the ETJ of Clayton Commissioner Mims stated he is not sure about other Board Members , but he personally does not get any complaints from people in the other municipal ETJ areas He noted there was one instance in Princeton a while back , but the Town took care of that complaint after they were notified Commissioner Mims recalled that when the towns were given permission to go forward with the two mile ETJ areas , the County at that time said to the towns that they would need to take care of matters within those areas Page538 February 6 , 2017 – 6 00 pm Continued Commissioner Mims reported he along with Chairman Carver talked to former Clayton Town Manager Steve Biggs approximately six years ago and told him then that the Town needed to incorporate their nuisance ordinance into their zoning ordinance so they could handle situations like Mr Krencicki is dealing with , but Mr Biggs had said the Town was not going to do that Commissioner Mims expressed concerns for the residents who live in the extended ETJ area stating they do not receive any assistance from the Town Commissioner Ted G Godwin asked the County Attorney what would be the worst case scenario for Mr Krencicki if the County cannot take back the ETJ area and if the Town refuses to intervene Ms Slusser advised that the worst case scenario would be private action between private parties Commissioner Godwin asked if Mr Krencicki would have any action against the Town for not enforcing their zoning ordinance Ms Slusser stated potentially there could be a declaratory judgement action , but she cautioned that it is very fact specific and difficult for her to make that opinion County Manager Rick Hester offered to talk to the current Clayton Town Manager regarding the situation and ask for an update on the complaint Chairman Jeffrey P Carver instructed staff to research the situation and report back to the Board at the March meeting stating someone is responsible and the situation needs to be resolved C Downtown Smithfield Development Corporation Downtown Smithfield Development Corporation Director Sarah Edwards addressed the Board and stated as someone who appreciates the economic impact that the courthouse and the County employees have on downtown businesses , she would like to offer the assistance of the Downtown Development Corporation to the County as it considers a location for a public safety center Ms Edwards stated she would like to be a resource in the process Commissioner Allen L Mims , Jr stated there has been talk by some of the downtown Smithfield businesses that they are not in favor of the jail being constructed downtown because of the interruptions the construction would cause Ms Edwards stated she has spoken with a couple of concerned business owners and expressed to them that wherever the jail is located , it would be a long process and there would be sufficient time to prepare for any inconveniences that construction would cause Chairman Jeffrey P Carver stated if the County were to decide to look at the downtown Smithfield area for an expansion , then he would like for the County to be able to purchase property at a reasonable value closer to the tax value County Manager Rick J Hester also noted that if the County were to decide to look at the downtown area , then other expenses would be associated with that option such as relocating water and sewer lines Downtown Smithfield Development Corporation President Billie Stevens stated she has researched other towns where the jail and other offices were moved outside of town and she noted those towns are now like ghost towns which is of great concern to her Ms Stevens stated there is nothing left in those towns to support restaurants and shops and she is afraid that if the County were to locate the public safety center outside of town then other agencies may follow and it could cause Smithfield to become a ghost town also Ms Stevens asked for the Board to consider keeping things in town 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – January 25 and February 1 , 2017 Certified letters were mailed to adjoining property owners on January 23 , 2017 Notices were posted at the locations on December 1 , 2016 for Cases 16 - 32 ; 16 - 33 ; and 16 - 34 The Chairman opened the Rezoning Hearing for Case 16 - 32 Page539 February 6 , 2017 – 6 00 pm Continued Case 16 - 32 Petition to rezone a 2 acre tract located at 9759 B Cleveland Rd in Cleveland Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 06F04020E Owner Talbert and Gail Myers Applicant Talbert and Gail Myers Planning Director Berry Gray stated the petition is to rezone a 2 acre tract located at 9759 B Cleveland Road in Cleveland Township from Community Business - Special Use District to Agricultural Residential He stated the site is currently used for residential purposes , but was zoned Community Business – Special Use District in 1999 to allow for residential and commercial small engine repair by the previous owner Mr Gray reported the current owners have no desire to operate the business The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as Agricultural Residential – Special Use District 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 Applicant Talbert Myers , 9759 B Cleveland Road , asked for the Board to approve the request and offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 16 - 32 Decision on Rezoning Case 16 - 32 Case 16 - 32 Petition to rezone a 2 acre tract located at 9759 B Cleveland Rd in Cleveland Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 06F04020E Owner Talbert and Gail Myers Applicant Talbert and Gail Myers Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 32 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 32 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED 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 as to whether the amendment is consistent 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 06F04020E located at 9759 B Cleveland Road as shown on the attached Exhibit A , from Community Business Special Use District CB SUD to Agricultural Residential AR 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 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 9 Preserve the Rural Landscape ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a AR zoning is compatible with surrounding land uses th Adopted this the 6 day of February , 2017 Page540 February 6 , 2017 – 6 00 pm Continued Commissioner Ted G Godwin moved the Board approve Rezoning Case 16 - 32 to rezone a 2 acre tract located at 9759 B Cleveland Road in Cleveland Township from Community Business - Special Use District to Agricultural Residential Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 16 - 33 Case 16 - 33 Petition to rezone a 203 acre tract located at 5032 Thanksgiving Fire Road in Wilders Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 16L04047B Owner William and Charlotte Barham Applicant Thanksgiving Fire Solar Farm , LLC Planning Director Berry Gray stated the petition is to rezone a 203 acre tract located at 5032 Thanksgiving Fire Road in Wilders Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a solar utility facility He stated the site is currently used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray reported the Johnston County Board of Adjustment granted a setback variance for the south and north sides of 50 ’ He explained the typical setback is 150 ’ from the adjacent property line and the variance would allow the setback on the south and north sides to be 100 ’ He stated no one was present at that hearing in opposition to the setback request Dave Click , ESA Renewables , 4155 St Johns Parkway , Sanford , Florida , representing the applicant , stated the proposed use is a 2 megawatt solar utility facility Mr Click stated they held a community meeting and had one attendee Mr Click stated they had received one phone call about the proposed use He noted they have had no opposition , just questions which they were able to answer There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 16 - 33 Decision on Rezoning Case 16 - 33 Case 16 - 33 Petition to rezone a 203 acre tract located at 5032 Thanksgiving Fire Road in Wilders Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 16L04047B Owner William and Charlotte Barham Applicant Thanksgiving Fire Solar Farm , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 33 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 33 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED 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 as to whether the amendment is consistent 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 16L04047B located at 5032 Thanksgiving Fire Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD for a solar utility 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 proposed amendment , and this Board desires to 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 PagePage pageNumber5541 February 6 , 2017 – 6 00 pm Continued 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 Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public th Adopted this the 6 day of February , 2017 Commissioner Chad M Stewart moved the Board approve Rezoning Case 16 - 33 to rezone a 203 acre tract located at 5032 Thanksgiving Fire Road in Wilders Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 16 - 33 Case 16 - 33 To allow for a solar utility facility Owner William and Charlotte Barham Applicant Thanksgiving Fire Solar Farm , LLC Those wishing to speak on Special Use Case 16 - 33 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a solar utility facility Mr Gray 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 16 - 33 on October 1 , 2016 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 20 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 33 and made the following recommendations Upon a motion by Ms Hackler to approve Rezoning Case 16 - 33 , seconded by Mr Summerlin , Rezoning Case 16 - 33 was approved at the December 20th , 2016 Planning Board Meeting with a unanimous vote of 7 - 0 Upon a motion by Ms Hackler to approve the Special Use Conditions for Case 16 - 33 , seconded by Mr Summerlin , Special Use Conditions for Case 16 - 33 were approved at the December 20th , 2016 Planning Board Meeting with a unanimous vote of 7 - 0 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 solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 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 ;PagePage pageNumber6542 February 6 , 2017 – 6 00 pm Continued Applicant On August 31 , 2016 the Thanksgiving Solar Farm , LLC was approved through the Board of Adjustment a 50 ’ variance from the 150 ’ setback Solar mounting devices will be limited to no more than 40 feet in height Staff Johnston County Land Development Code limits solar mounting devices and accessories to 12 ’ in height The applicant’s site plan reflects the current ordinance standards 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 Special care will be taken to maintain the value to contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure such as schools , water , and or waste systems 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 solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses APPLICANT To allow for a solar utility facility 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 Site will be developed in accordance with Land Development Code Section 14 - 123 6 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 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall Mr Gray listed and reviewed the special use conditions with the Board , noting a setback variance was granted by the Johnston County Board of Adjustment for the south and north property lines Mr Gray stated the applicant would still have to install the vegetative screening Dave Click , ESA Renewables , 4155 St Johns Parkway , Sanford , Florida , representing the applicant , offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 16 - 33 Decision on Special Use Case 16 - 33 Case 16 - 33 To allow for a solar utility facility Owner William and Charlotte Barham Applicant Thanksgiving Fire Solar Farm , LLC Based on the findings of facts and special use conditions as listed below , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 33 to allow for a solar utility facility on a 203 acre tract located at 5032 Thanksgiving Fire Road in Wilders Township Commissioner Ted G Godwin 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 solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 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 ;PagePage pageNumber7543 February 6 , 2017 – 6 00 pm Continued Applicant On August 31 , 2016 the Thanksgiving Solar Farm , LLC was approved through the Board of Adjustment a 50 ’ variance from the 150 ’ setback Solar mounting devices will be limited to no more than 40 feet in height Staff Johnston County Land Development Code limits solar mounting devices and accessories to 12 ’ in height The applicant’s site plan reflects the current ordinance standards 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 Special care will be taken to maintain the value to contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure such as schools , water , and or waste systems 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 solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses APPLICANT To allow for a solar utility facility 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 Site will be developed in accordance with Land Development Code Section 14 - 123 6 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 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall The Chairman reopened the Rezoning Hearing for Case 16 - 34 Case 16 - 34 Petition to rezone 345 acres out of a 24726 - acre tract located on Talton Farm Rd in Wilson’s Mills Township from Industrial - 2 I - 2 to Industrial - 2 – Special Use District I2 - SUD Tax ID 17K08028A Owner Kenneth A Talton Trust Applicant Baker , Donelson , Bearman , Caldwell & Berkowitz Planning Director Berry Gray stated the petition is to rezone 345 acres out of a 24726 acre tract located on Talton Farm Rd in Wilson’s Mills Township from Industrial - 2 to Industrial - 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a 199 ’ telecommunication tower and supporting equipment facility He stated the site is currently zoned Industrial - 2 and used for agricultural purposes The surrounding land uses are zoned R - 30 and R - 10 by the Town of Wilson’s Mills as well as R20 by the Town of Selma and used for agricultural and residential purposes ; I - 2 by the Town of Selma and used for agricultural purposes ; and I W by the Town of Wilson’s Mills and used for a water treatment facility 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 Attorney Laura Goode of Baker , Donelson , Bearman , Caldwell & Berkowitz , representing Verizon , 1501 Main Street , Columbia , South Carolina , asked for the rezoning to be approved and offered to answer any questions At the inquiry of Commissioner Ted G Godwin , Ms Goode stated there is a significant gap in the coverage area as well as their demand is growing Property Owner Kenneth Talton , 2750 NC 96 North , Selma , asked the Board to approve the request There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 closed the Rezoning Hearing for Case 16 - 34 PagePage pageNumber8544 February 6 , 2017 – 6 00 pm Continued Decision on Rezoning Case 16 - 34 Case 16 - 34 Petition to rezone 345 acres out of a 24726 - acre tract located on Talton Farm Rd in Wilson’s Mills Township from Industrial - 2 I - 2 to Industrial - 2 – Special Use District I2 - SUD Tax ID 17K08028A Owner Kenneth A Talton Trust Applicant Baker , Donelson , Bearman , Caldwell & Berkowitz Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 34 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 34 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED 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 as to whether the amendment is consistent 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 17K08028A located on Talton Farm Road as shown on the attached Exhibit A , from Industrial 2 I2 to Industrial 2 Special Use I2 SUD for a 199 ’ tall telecommunications tower and supporting equipment 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 proposed amendment , and this Board desires to 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 the tower height is allowed in this land use area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The use can be limited in scope through the use of special conditions , and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public th Adopted this the 6 day of February , 2017 Commissioner Chad M Stewart moved the Board approve Rezoning Case 16 - 34 to rezone 345 acres out of a 24726 - acre tract located on Talton Farm Road in Wilson’s Mills Township from Industrial - 2 to Industrial - 2 – Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 16 - 34 Case 16 - 34 To allow for a 199 ’ telecommunication tower and supporting equipment facility Owner Kenneth A Talton Trust Applicant Baker , Donelson , Bearman , Caldwell & Berkowitz Those wishing to speak on Special Use Case 16 - 34 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a 199 ’ telecommunication tower and supporting equipment facility Mr Gray 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 16 - 34 on November 1 , 2016 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 PagePage pageNumber9545 February 6 , 2017 – 6 00 pm Continued ? 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 20 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 34 and made the following recommendations Upon a motion by Mr Creech to approve Rezoning Case 16 - 34 , seconded by Mr Summerlin , Rezoning Case 16 - 34 was approved at the December 20th , 2016 Planning Board Meeting with a unanimous vote of 7 - 0 Upon a motion by Mr Smith to approve the Special Use Conditions for Case 16 - 34 , seconded by Ms Hackler , Special Use Conditions for Case 16 - 34 were approved at the December 20th , 2016 Planning Board Meeting with a unanimous vote of 7 - 0 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 Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 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 Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 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 Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 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 Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 Specific Land Uses APPLICANT 199 ’ monopole telecommunication tower and supporting equipment facility Special Use Conditions 1 Permitted Uses 199 ’ monopole telecommunication tower and supporting equipment 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 The setback for the tower shall be the tower height plus 10 2189 ’ fall zone 6 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 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 7 The proposed structure shall accommodate the Applicant’s antennas equipment and four additional collocations of similar equipment for a total of five arrays 8 Prior to construction , applicant shall obtain SHPO and NEPA approval 9 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 10 The proposed structure shall not be lighted unless FAA requires 11 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 12 The facility shall be constructed so that access is only attainable by qualified personnel Mr Gray listed and reviewed the special use conditions with the Board Upon a question by County Manager Rick Hester , Mr Gray stated it was discussed at the Planning Board meeting the possibility of 911 being allowed to co - locate on the tower and the applicant stated they would be willing to consider working with the County Attorney Laura Goode of Baker , Donelson , Bearman , Caldwell & Berkowitz , representing Verizon , 1501 Main Street , Columbia , South Carolina , entered the Rezoning Petition and Special Use Application into the record as well as maps showing where the photos were taken for the balloon test and the specifications sheet forPage0546 February 6 , 2017 – 6 00 pm Continued the generator that would be used for backup power Ms Goode stated the tower will be a monopole self - supporting design with no lattice or guy wires She stated the tower will have a 9 ’ lightening rod and Verizon Wireless will be the anchor tenant who will also own and operate the tower Ms Goode stated the tower will help with a gap in coverage as well as offload capacity for two existing Verizon Wireless sites that are at capacity for the area She stated although the County’s ordinance requires six co - locations , they have requested the tower only have five co - locations due to the fact that there are only five known carriers in Johnston County Ms Goode referenced the photo simulations stating the tower will not be visible because it is set so far back off the road Ms Goode reviewed the Findings of Fact with the Board as contained within the Rezoning Petition and Special Use Permit Application for the Board’s consideration Commissioner Cookie Pope asked with the request for only five co - locations on the tower , where would the County’s 911 system fit in if there was a need to locate on the tower Ms Goode stated in terms of co - location , it would be a matter of when a carrier notifies Verizon She stated when planning for users , it impacts the structure of the tower Commissioner Allen L Mims , Jr asked for a definition of SHPO and NEPA approval Ms Goode explained that SHPO State Historic Preservation Office and NEPA National Environmental Policy Act are part of the review process for environmental impacts as well as potential impacts to historical districts There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 closed the Special Use Hearing for Case 16 - 34 Decision on Special Use Case 16 - 34 Case 16 - 34 To allow for a 199 ’ telecommunication tower and supporting equipment facility Owner Kenneth A Talton Trust Applicant Baker , Donelson , Bearman , Caldwell & Berkowitz Based on the findings of facts and special use conditions as listed below , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 34 to allow for a 199 ’ telecommunication tower and supporting equipment facility on 345 acres out of a 24726 - acre tract located on Talton Farm Road in Wilson’s Mills Township Commissioner Ted G Godwin 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 As contained in the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , on file in the Johnston County Planning Department 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 As contained in the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , on file in the Johnston County Planning Department 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 As contained in the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , on file in the Johnston County Planning Department 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 As contained in the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , on file in the Johnston County Planning Department Specific Land Uses APPLICANT 199 ’ monopole telecommunication tower and supporting equipment facility Page1547 February 6 , 2017 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses 199 ’ monopole telecommunication tower and supporting equipment 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 The setback for the tower shall be the tower height plus 10 2189 ’ fall zone 6 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 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 7 The proposed structure shall accommodate the Applicant’s antennas equipment and four additional collocations of similar equipment for a total of five arrays 8 Prior to construction , applicant shall obtain SHPO and NEPA approval 9 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 10 The proposed structure shall not be lighted unless FAA requires 11 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 12 The facility shall be constructed so that access is only attainable by qualified personnel 3 Planning Activity Report Planning Director Berry Gray presented and reviewed the following Planning Activity Report for the month of January 2017 Monthly Activity Report – January 2017 CPB REZONINGS Proposed for January 2017 Special Use Straight Zoning Totals Approved 2016 Cases 2 0 3 44 Total Acres 366 0 2575 63033 SUBDIVISIONS Approved Approved 2016 2015 Proposed Re - submittals Major Subdivisions 37 29 2 1 Total Lots 1,637 1,172 32 63 Total Acres 1,455 114795 4907 10479 Open Space Acres 10757 778 - - - - - - - - Fee - in - Lieu 421,600 101,600 12,800 25,200 Minors 158 127 Total Lots 240 182 Total Acres 650 5582 Valid Lots 11,229 Adjustments 30 added , 255 removed never developed or recorded Mr Gray took a moment to update the Board on legislative changes that affect the Planning Department He explained that as the Board is aware , the Planning Department monitors subdivision streets to make sure that streets have been taken over by the North Carolina Department of Transportation Mr Gray reported the Planning Department has had a program in place for some years that when the streets within a subdivision are not taken over by the Department of Transportation , the County stops issuing permits when the development reaches 75 build - out He noted Johnston County has had a very successful program and in the last two years has ranked # 1 in the State for streets taken over by the Department of Transportation Mr Gray explained there has been a change in the General Statutes that no longer allows counties to hold permits on property in order to compel compliance with an offsite improvement He added there is also a statute that no longer allows counties to require maintenance bonds which was part of the program in Johnston County Mr Gray reported staff has discussed the situation and is trying to determine how to go forward with getting developers to turn streets over to the Department of Transportation He noted that even with the ability to force compliance being taken away , Johnston County is still seeing streets taken over by the Department of Transportation and 2017 has started off well Page2548 February 6 , 2017 – 6 00 pm Continued At the inquiry of Chairman Jeffrey P Carver , Mr Gray stated the statute changes were approved during 2015 , but staff was not aware of the impacts to Johnston County until the end of 2016 when a developer hired an attorney to complain about Johnston County’s program and staff began to look further into the language Commissioner Allen L Mims , Jr expressed disappointment that once again , something the County was using as a successful enforcement tool has been taken away Commissioner Keith Branch asked how the County stays up to date on potential statute changes that could impact the County County Manager Rick Hester stated generally the North Carolina Association of County Commissioners , which is the lobbying organization for counties , stays current on legislation and keeps the counties informed as well as the UNC School of Government Mr Hester noted that there are times when the legislative delegation will reach out to counties when they see something coming through County Attorney Jennifer Slusser reported when the legislation was coming through as mentioned by Mr Gray , staff saw it coming and there were efforts through the County Commissioners Association and the County Attorneys Association to lobby against it , but the Homebuilders lobbyist was in favor Mr Gray noted that a lot of times even with knowing that a particular statute change is coming through , it is difficult to know exactly how it will impact counties until someone is challenged 4 Manager Reports and Comments A Convenience Center Sites County Manager Rick Hester thanked Commissioner Ted G Godwin for working with staff regarding solid waste matters Mr Hester stated currently , the County has 12 convenience center sites with five of those as leased property and seven being owned by the County Mr Hester stated in meetings , staff has been talking with Commissioner Godwin about a possible long range plan for the County to eventually own all the sites Commissioner Ted G Godwin stated he will be working with staff to bring some recommendations to the Board as it relates establishing thresholds for how to go about owning all the sites B Offer of Land Donation from the Lawson Family County Manager Rick Hester stated with regards to the request from the Lawson Family at the morning meeting for the land donation , his first thoughts are to possibly contact someone who performs site planning for Parks & Recreation to determine what type as well as how many amenities could be put on the property before any final decisions are made Mr Hester stated some funding would be needed in order to have the site evaluated He asked for the Board’s feedback The Board briefly discussed the opportunity with Commissioner Cookie Pope stating she would like to see the Greater Cleveland Athletic Association GCAA work with the Lawson Family on the request Commissioner Allen L Mims , Jr asked if the GCAA had someone within their organization that could evaluate the property to determine how it could be utilized Mr Hester stated he would check with the GCAA to see if someone on their Board would be willing to evaluate the site 5 Board Reports and Comments A Update on Legislative Goals Conference Commissioner Ted G Godwin updated the Board on the North Carolina Association of County Commissioners Legislative Goals Conference he attended on behalf of the County in January Commissioner Godwin stated the five priorities from the Conference are as follows 1 Seek legislation to establish a new state - county partnership to address statewide public school capital challenges - - including but not limited to maintenance , renovation , construction and debt - - through a dedicated , stable funding stream that is consistent from county to county and sufficient to meet the school facility needs of all 100 counties Page3549 February 6 , 2017 – 6 00 pm Continued 2 Seek legislation to repeal the statutory authority under NC Gen Stat 115C - 431 c that allows a local school board to file suit against a county board of commissioners over county appropriations for education 3 Support efforts to preserve and expand the existing local revenue base of counties , and oppose efforts to divert to the state fees or taxes currently allocated to the counties to the state Oppose efforts to erode existing county revenue streams and authorize local option revenue sources already given to any other jurisdiction 4 Support increased state funding for transportation construction and maintenance needs , and support legislation to ensure that the STI funding formula recognizes that one size does not fit all and that projects in both rural and urban areas are prioritized and funded 5 Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to 18 with the exception of felony crimes B Open Space Funds at South Johnston High School Commissioner Chad M Stewart spoke on a request to use some of the County’s open space funds to help with a problem at South Johnston High School He explained the Booster Club at South Johnston had planned to replace the batting cages ; however , because of some issues after Hurricane Matthew they decided to relocate them altogether near the baseball field Commissioner Stewart stated the Booster Club raised the money to pay for the project , but through their intentions of trying to do something good by relocating the batting cages , because of where the cages are now located , it has caused drainage issues on the baseball field Commissioner Stewart stated they do not have any more funding to fix the drainage issues and baseball season is approaching He stated the cost could be anywhere from 5,000 to 10,000 to fix the situation Commissioner Stewart stated the Booster Club has asked if there is any funding available from the County’s open space fund to assist Motion Commissioner Chad M Stewart moved the Board approve an allocation of up to 10,000 from the County - wide distribution of the open space funds to fix the drainage issue caused by the batting cages relocation at South Johnston High School Commissioner Cookie Pope seconded the motion Discussion Commissioner Keith Branch stated he does not have a problem with helping the situation and feels it is something the Board should do , but it is his understanding that this may be the first instance where a request would be approved for a school organization and once the word gets out , there may be more requests to follow Commissioner Branch stated the Board needed to think about how to handle future requests to make sure everything is fair because he is not sure how knowledgeable the open space funds are and there are needs at every campus Commissioner Branch spoke on an instance at the South Smithfield Elementary School where the back playground area had never been fenced in and some of the parents complained He reported there is a process in place where if the PTA or Booster Club brings money to the table , then the Board of Education could match it up to a certain point which is what was done at the South Smithfield Elementary fencing project Commissioner Branch reiterated that he does not have a problem approving the request and feels it is something the Board should be doing , but the school system needs to be aware because technically the South Johnston Booster Club could have gone to the Board of Education and requested help with the issue Commissioner Branch commented that when he was on the Board of Education , he was unaware of the County’s open space funds Commissioner Stewart stated he has reached out to Board of Education Chairman Mike Wooten to let him know what he would be proposing to the Board of Commissioners and that requests for open space funds are looked at on a case by case basis Commissioner Stewart noted the baseball fields are used by other local recreation groups besides the school for summer camps and similar events Commissioner Allen L Mims , Jr expressed concerns with granting the request and explained that many years ago , the County used to give grants every year to recreation associations and then School Booster Clubs and PTA groups started proposing projects for the grants at schools He continued that it reached a point where the Board at that time said the County funds the schools enough by allocating 50 of its budget to Johnston County Schools Commissioner Mims stated projects like the fencing project at South Smithfield Elementary should have been included as part of the construction of the school for the safety of the children and if the fencing project could not be paid for by Johnston County Schools , then it should have been paid for in the bond monies Page4550 February 6 , 2017 – 6 00 pm Continued County Manager Rick Hester stated on the last round of open space fund distributions , the funds were divided up into high school districts and he thinks some of those funds went to help where schools were being used by a particular athletic association and the public , not just the school sports teams Chairman Jeffrey P Carver stated he does not see this request being any different than what the Board did for Micro a few months ago where the Micro Athletic Association was using the Micro school fields and needed assistance Vote The motion carried by the following vote Ayes Commissioners Jeffrey P Carver , Ted G Godwin , Cookie Pope , Chad M Stewart , Keith Branch , and Larry Wood Nays Commissioner Allen L Mims , Jr There being no further business , Commissioner Allen L Mims , Jr moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 35 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage