May 1, 2017- 6:00 pm - County Board of Commissioners Meeting Minutes (Zoning)

10 674 Meeting of the Johnston County Board of Commissioners May 1 , 2017 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 1 , 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 1 Miss Johnston County and Miss Johnston County Outstanding Teen Miss Johnston County Outstanding Teen Lauren Dodd introduced herself to the Board and noted that Miss Johnston County Taylor Bridges could not attend the meeting due to unexpected schedule changes Miss Dodd stated she is honored and excited to be representing Johnston County in the upcoming Miss North Carolina Outstanding Teen Pageant in June Miss Dodd spoke on her platform titled “ Take a Deep Breath – Asthma Awareness ” Miss Dodd stated May is National Asthma Awareness Month and she spoke on her own personal experiences with asthma , how to recognize when someone is having an asthma attack , and the importance of educating bystanders She stated by educating the public concerning this chronic disease , it can save lives Miss Dodd stated she hopes to help others who suffer from asthma to learn to live life without limits At the request of Commissioner Keith Branch , Miss Dodd provided the Board with an overview of what is involved with competing in the Miss North Carolina Outstanding Teen Pageant She thanked the Board for the opportunity to speak at the meeting The Board thanked Miss Dodd and wished her good luck on the upcoming pageant activities 2 Public Comment A Project Update from Duke Energy Marty Clayton with Duke Energy provided the Board with an update on a project that includes the addition of a substation and electrical transmission line in the County Mr Clayton reported in November Duke Energy sent out letters to over 1,000 property owners that could be potentially affected by this project and held public meetings to seek input from those property owners He noted Duke Energy also allowed public input via their website through the end of 2016 Mr Clayton stated as a result of the public input process , Duke Energy has identified a recommended route for a 230kV transmission line that would run approximately from the Cleveland Community near the Polenta Road area to just south of Interstate 95 connecting with the Erwin - Selma 230kV transmission line Mr Clayton provided the Board with an overview of the project stating they want to do what is right and fair for the property owners that will be affected He reported the next step in the process would be to take the project before the North Carolina Utilities Commission to receive a Certificate of Public Need and Necessity Mr Clayton stated right - of - way acquisition would begin later in 2017 with an anticipated construction start in mid to late 2018 and a project completion sometime in 2019 Mr Clayton stated Duke Energy continues to reach out to property owners , but wanted to make sure that the Board of Commissioners stay informed Mr Clayton reported this 30 million project is necessary to continue providing the citizens of Johnston County with electricity Upon questions from the Board , Mr Clayton stated the project will not displace anyone and as Duke Energy works through the right - of - way acquisition process they will work with the property owners as diligently as possible to minimize impacts Mr Clayton stated those property owners will be compensated for their property Mr Clayton reiterated that Duke Energy wants to do this project the right way and they want to be accessible and provide information to the Board and affected property owners in an effort to work with everyone Page675 May 1 , 2017 – 6 00 pm Continued B Recognition of Boy Scout Troop 210 Chairman Jeffrey P Carver recognized and welcomed Boy Scout Troop 210 in the audience who were attending the meeting as part of a merit badge requirement 3 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – April 19 and 26 , 2017 Certified letters were mailed to adjoining property owners on April 17 , 2017 Notices were posted at the locations on March 6 , 2017 for Cases 17 - 05 , 17 - 06 , and 17 - 07 The Chairman opened the Rezoning Hearing for Case 17 - 05 Case 17 - 05 A petition to rezone a 1395 acre tract located at 14345 Raleigh Rd SR 1330 in Banner Township from Agricultural Residential AR to Industrial - 2 Special Use District I2 - SUD Tax ID 01G10024A Owner FSC II , LLC Applicant FSC II , LLC Planning Director Berry Gray stated the petition is to rezone a 1395 acre tract located at 14345 Raleigh Road in Banner 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 an asphalt plant manufacturing 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 ; Community Business – Special Use District and used for an auction facility ; Industrial - 2 – Special Use District for an asphalt plant ; and Industrial - 2 for a mining facility Mr Gray pointed out that there are two parcels nearby both zoned for an asphalt plant He stated one is owned by Barnhill although the plant was never constructed and the other is currently owned by ST Wooten and is in operation 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 Lew Starling , representing the applicant , addressed the Board and stated he along with other company representatives are available to answer any questions Brent Wood , Vice President for Legal Affairs with FSC II , LLC , explained that they own four asphalt plants in Wake County and would like to have one in Johnston County Mr Wood introduced Company Owner Fred Smith , Company President Jule Smith , and Reid Dawson and Bailey Watkins who oversee the asphalt division of the company Mr Wood stated they believe the proposed use is in community’s best interest because it allows for more competition He continued that with the growth of Johnston County and surrounding counties this would be an opportunity to reduce the cost of asphalt Mr Wood stated the subject site is a good location for the proposed use due to its close proximity to the nearby quarry Mr Wood offered to answer any questions Dale Morgan , 2594 Old Fairground Road , Angier , addressed the Board and thanked the Commissioners for their service to Johnston County Mr Morgan noted the location of property he owns in relation to the subject site on the aerial photograph for the Board Mr Morgan explained he owns rental property in the vicinity and has already been contacted by one of his neighboring property owners explaining that they will have to move due to health concerns from the asphalt plant Mr Morgan provided the Board with a background on his dealings with the applicant as it relates to purchase negotiations for his property as well as neighboring property owners Mr Morgan stated he is not totally against the proposed use , but because he feels it could devalue his property and reduce his ability to receive income from his rental property , he feels there should be more negotiation by the applicant regarding the sale of his property Mr Morgan stated he would like to sit down with Company Owner Fred Smith to discuss the matter Mr Wood readdressed the Board and explained that FSC II , LLC sent letters to the owners of property that touched the subject site before the Planning Board meeting to inform them of the proposed use and invite them to contact FSC II , LLC with any concerns or questions Mr Wood stated two individuals spoke at the Planning Board meeting and as a result of those comments , they have entered into contracts to purchase those properties Mr Wood stated Mr Morgan approached FSC II , LLC later on and they offered him what they considered was a fair price for his land , noting they did not wish to purchase the mobile home on the property , just the land Mr Wood stated they remain willing to purchase Mr Morgan’s land Jule Smith , President of FSC II , LLC , addressed the Board and stated they want to be good citizens in their home county and they commit to the golden rule of treating others as they wish to be treated Mr Smith stated they will continue to work with the neighbors to negotiate a fair price Mr Smith stated good relationships are more important to their company than business Page676 May 1 , 2017 – 6 00 pm Continued At the inquiry of Commissioner Cookie Pope , Mr Smith stated they are willing to pay the tax value of the land for Mr Morgan’s property , but he believes the point of contention is the mobile home , which they have no need for Mr Smith further stated that they would be willing to offer a little more than tax value in order to bring a resolution to the issue Upon questions by Commissioners Ted G Godwin and Larry Wood , Mr Smith stated the proposed use is for an asphalt plant only He stated they prefer to work during daytime hours , but on projects for the North Carolina Department of Transportation , on some occasions those contracts require them to work at night to avoid impacting traffic during the day He stated there would be some noise , but not like a loud engine running all night Commissioner Chad M Stewart asked if a community meeting was held with the property owners in the area Mr Wood stated approximately 20 property owners were notified of their intentions and invited to contact them , but no public community meeting was held Chairman Jeffrey P Carver stated he is unsure how or if the Board needs to address the matter between Mr Morgan and FSC II , LLC County Attorney Jennifer Slusser advised that for the rezoning hearing , there are only two issues the Board must consider , those being 1 is the rezoning in the public interest and 2 is the rezoning consistent with the Comprehensive Land Use Plan 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 Upon a question by Commissioner Allen L Mims , Jr , Mr Gray pointed out on the aerial photograph the location of property near the subject site that was zoned for an asphalt plant by Barnhill in 2009 , and explained that zoning has since expired as the plant was never constructed Mr Gray also noted ST Wooten owns an active asphalt plant nearby and there is a quarry in the vicinity as well There being no further comments , the Chairman recessed the Rezoning Hearing for Case 17 - 05 Decision on Rezoning Case 17 - 05 Case 17 - 05 A petition to rezone a 1395 acre tract located at 14345 Raleigh Rd SR 1330 in Banner Township from Agricultural Residential AR to Industrial - 2 Special Use District I2 - SUD Tax ID 01G10024A Owner FSC II , LLC Applicant FSC II , LLC Motion Commissioner Ted G Godwin stated he understands the sensitivity of the proposed use ; however , due to the subject site’s close proximity to similar uses and for the greater good of that area he feels the use makes sense and moved the Board adopt the Statement of Consistency Resolution for Case 17 - 05 Commissioner Chad M Stewart seconded the motion Discussion Commissioner Allen L Mims , Jr stated he understands the need for competition ; however , in this case he did not hear an overwhelming endorsement or reason that the proposed use is really needed Commissioner Mims asked why FSC II , LLC did not purchase the Barnhill property since it had been rezoned for an asphalt plant in the past Chairman Jeffrey P Carver commented that the Barnhill property rezoning has expired and even if FSC II , LLC had purchased that property they would have had to come back and request the rezoning anyway Page677 May 1 , 2017 – 6 00 pm Continued Commissioner Chad M Stewart stated he is sympathetic to the concerns by Mr Morgan ; however , he feels it is not the Board’s job to negotiate a price between Mr Morgan and FSC II , LLC , although he hopes they will continue to work something out Commissioner Stewart noted there is an existing quarry in the vicinity that is important to asphalt production , which is probably why ST Wooten also has a plant in the area Commissioner Keith Branch stated he does not personally know what has occurred in the negotiations between FSC II , LLC and Mr Morgan , but he would challenge both parties to sit down together and come to a decision that is truly fair for all involved Vote The motion carried by unanimous vote RESOLUTION FOR CASE NUMBER 17 - 05 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 01G10024A located at 14345 Raleigh Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial - 2 Special Use District I2 - SUD for an asphalt plant manufacturing 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 request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” and “ Goal 3A Business Expansion and Development ” found in the Comprehensive Land Use 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed zoning is compatible with surrounding land uses and zoning districts In addition , conditions such as limited hours of operation and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public st Adopted this the 1 day of May , 2017 Commissioner Ted G Godwin moved the Board approve Rezoning Case 17 - 05 to rezone a 1395 acre tract located at 14345 Raleigh Road in Banner Township from Agricultural Residential to Industrial - 2 Special Use District Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 17 - 05 Case 17 - 05 To allow for an asphalt plant manufacturing facility Owner FSC II , LLC Applicant FSC II , LLC Those wishing to speak on Special Use Case 17 - 05 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 an asphalt plant manufacturing 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 17 - 05 on January 31 , 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 PagePage pageNumber5678 May 1 , 2017 – 6 00 pm Continued ? 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 March 21 , 2017 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 05 and made the following recommendations Upon a motion by Mr Smith to approve Rezoning Case 17 - 05 , seconded by Ms Hackler , Rezoning Case 17 - 05 was approved at the March 21st , 2017 Planning Board Meeting with a unanimous vote of 8 - 0 Upon a motion by Mr Smith to approve the Special Use Conditions for Case 17 - 05 , seconded by Ms Hackler , the Special Use Conditions for Case 17 - 05 were approved at the March 21st , 2017 Planning Board Meeting with a unanimous vote of 8 - 0 Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed development is located adjacent to the existing quarry , substantially eliminating heavy transport from aggregate supply source to production site This promotes public health , safety , and general welfare by reducing the external costs and impact of heavy transportation on public roads , the environment , and public safety The proposed use and operation will also increase the supply of asphalt available for construction of public projects such as streets , highways , and interstate improvements This development will comply with all state and federal laws 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 See attached Special Use Permit Site Plan Proposed development exceeds minimum required setbacks The proposed development is ideally located and designed to minimize emissions of dust , fumes , noise , vibrations , etc See Johnston County Development Ordinance 14 - 83 — 90 Proposed development complies with all known state and federal regulations See also 15 NCAC 02D 0506 ; CFR 11 et seq Proposed development includes two separate Stormwater Control Measure sites 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 attached Special Use Permit Site Plan The use development is located adjacent to a supply quarry which maintains and or enhances the value of both parcels Proposed access and exit points are designed and located as far from nearest residential locations as possible The proposed landscaped , vegetated berms will maintain enhance the value of properties to the south and west of the development Aggregate storage areas in the center of the parcel will significantly reduce sound vibrations etc Proposed use is a public necessity See paragraph 1 above 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 Proposed development will promote growth in a fiscally efficient , compact manner By locating next to the supply quarry , the use development maximizes the conservation of existing infrastructure and prevents sprawl See Johnston County 2030 Comprehensive Plan Permitting development will promote development and expansion of new and existing business & industries Encouraging development of areas best suited for industrial development , as here , is consistent with the County’s policy of expanding the tax base and diversifying the local economy Specific Land Uses APPLICANT To allow for construction and operation of a temporary and or permanent hot - mix asphalt plant manufacturing facility Special Use Conditions 1 Permitted Uses Asphalt plant manufacturing 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 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along west , south , and east property lines 5 A Class A 1 large tree , 2 small trees , and 6 shrubs every 100 linear feet buffer shall be installed along north property line 6 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies PagePage pageNumber6679 May 1 , 2017 – 6 00 pm Continued 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Provide landscaped berm along southwest corner of property as depicted on site plan Mr Gray referenced the site plan noting the plant is proposed to be located as far north as possible and adjacent to the railroad He stated the applicant has also planned for a berm on the southwest corner near the adjacent property Mr Gray listed and reviewed the special use conditions with the Board Mr Brent Wood , Vice President for Legal Affairs with FSC II , LLC , confirmed they will comply with the special use conditions as proposed in order to be a good neighbor to adjacent properties Mr Wood stated they will do everything they can to keep the noise down Commissioner Cookie Pope noted there were no hours of operation proposed in the special use conditions Commissioner Allen L Mims , Jr stated there were no specified hours of operation so the use could be 24 hours a day , 7 days a week Mr Wood explained that the paving business is seasonal and there would be times during the paving season where they would have to run at night to comply with contracts from the Department of Transportation He stated during the winter months there would be limited daytime operations mostly for repair and maintenance Mr Wood noted that during unseasonably warm winters they may be able to do more work Jule Smith , President of FSC II , LLC , addressed the Board and explained that just because there would be another asphalt plant in the area , that would not increase the total amount of asphalt being made Mr Smith stated the Department of Transportation sets the amount of asphalt that is needed and the plants only produce that available set amount He stated by having another plant it increases the competition and helps with pricing Commissioner Mims stated the Commissioners have received complaints in the past from people that live near sand mines about trucks operating early in the morning and using their jake brakes to stop which is loud and disturbs others Commissioner Mims asked if a sign could be put at the asphalt plant encouraging truck drivers to be mindful of others during night early morning hours Mr Smith responded that they have another asphalt plant near Holly Springs where they have to travel through a residential area ; therefore , they understand they have to be mindful of such issues 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 17 - 05 Decision on Special Use Case 17 - 05 Case 17 - 05 To allow for an asphalt plant manufacturing facility Owner FSC II , LLC Applicant FSC II , LLC 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 17 - 05 to allow for an asphalt plant manufacturing facility on a 1395 acre tract located at 14345 Raleigh Road in Banner 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 as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed development is located adjacent to the existing quarry , substantially eliminating heavy transport from aggregate supply source to production site This promotes public health , safety , and general welfare by reducing the external costs and impact of heavy transportation on public roads , the environment , and public safety The proposed use and operation will also increase the supply of asphalt available for construction of public projects such as streets , highways , and interstate improvements This development will comply with all state and federal laws PagePage pageNumber7680 May 1 , 2017 – 6 00 pm Continued 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 See attached Special Use Permit Site Plan Proposed development exceeds minimum required setbacks The proposed development is ideally located and designed to minimize emissions of dust , fumes , noise , vibrations , etc See Johnston County Development Ordinance 14 - 83 — 90 Proposed development complies with all known state and federal regulations See also 15 NCAC 02D 0506 ; CFR 11 et seq Proposed development includes two separate Stormwater Control Measure sites 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 attached Special Use Permit Site Plan The use development is located adjacent to a supply quarry which maintains and or enhances the value of both parcels Proposed access and exit points are designed and located as far from nearest residential locations as possible The proposed landscaped , vegetated berms will maintain enhance the value of properties to the south and west of the development Aggregate storage areas in the center of the parcel will significantly reduce sound vibrations etc Proposed use is a public necessity See paragraph 1 above 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 Proposed development will promote growth in a fiscally efficient , compact manner By locating next to the supply quarry , the use development maximizes the conservation of existing infrastructure and prevents sprawl See Johnston County 2030 Comprehensive Plan Permitting development will promote development and expansion of new and existing business & industries Encouraging development of areas best suited for industrial development , as here , is consistent with the County’s policy of expanding the tax base and diversifying the local economy Specific Land Uses APPLICANT To allow for construction and operation of a temporary and or permanent hot - mix asphalt plant manufacturing facility Special Use Conditions 1 Permitted Uses Asphalt plant manufacturing 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 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along west , south , and east property lines 5 A Class A 1 large tree , 2 small trees , and 6 shrubs every 100 linear feet buffer shall be installed along north property line 6 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Provide landscaped berm along southwest corner of property as depicted on site plan The Chairman reopened the Rezoning Hearing for Case 17 - 06 Case 17 - 06 Petition to rezone 349 acres out of a 3318 acre tract located at 1399 Campground Rd SR 2326 in Pine Level Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 12N09074 Owner Dicky Parrish Applicant Hellman , Yates , and Tisdale Jonathan Yates Planning Director Berry Gray stated the petition is to rezone 349 acres out of a 3318 acre tract located at 1399 Campground Road in Pine Level Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a 195 ’ monopole telecommunication tower and supporting equipment facility He stated the site is currently used for agricultural purposes The surrounding land uses are zoned Agricultural Residential by Johnston County ; R - 20 by the Town of Selma ; and RA by the Town of Pine Level 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 Gray stated the Primary Growth Area allows for a maximum tower height of 199 ’ Attorney Frank Longest , Jr , representing T - Mobile , spoke on behalf of the applicant Mr Longest spoke on the importance of wireless communication noting that practically everyone has a cell phone Mr Longest stated the increased infrastructure is needed in the subject area in order to better serve the community , provide better service for growth , and allow other carriers to use the tower Mr Jonathan Yates , speaking on behalf of the applicant , took a moment to compliment Planning Director Berry Gray as well as Planner Matt Kirkland stating that he works on a lot of cell tower applications and it is rare to encounter a staff as good as Johnston County’s Mr Yates provided the Board with a brief overview of the subject site and their plans for a monopole tower designed for T - Mobile and five other carriers Mr Yates stated the tower would aid in providing wireless service to the area Mr Yates reported over half the houses inPagePage pageNumber8681 May 1 , 2017 – 6 00 pm Continued the United States are wireless only and do not have land lines which means wireless infrastructure has become a necessity He continued that the tower would take approximately 30 to 45 days for construction and after that would necessitate site visits of about four to six times per year Mr Yates stated the facility produces no noise , odor , lights , fumes , glare , or vibration He 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 17 - 06 Decision on Rezoning Case 17 - 06 Case 17 - 06 Petition to rezone 349 acres out of a 3318 acre tract located at 1399 Campground Rd SR 2326 in Pine Level Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 12N09074 Owner Dicky Parrish Applicant Hellman , Yates , and Tisdale Jonathan Yates Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 17 - 06 Commissioner Keith Branch seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 17 - 06 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 12N09074 located at 1399 Campground Road as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD for a 195 ’ 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 request 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 using 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 st Adopted this the 1 day of May , 2017 Commissioner Chad M Stewart moved the Board approve Rezoning Case 17 - 06 to rezone 349 acres out of a 3318 acre tract located at 1399 Campground Road in Pine Level Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 17 - 06 Case 17 - 06 To allow for a 195 ’ monopole telecommunication tower and supporting equipment facility Owner Dicky Parrish Applicant Hellman , Yates , and Tisdale Jonathan Yates PagePage pageNumber9682 May 1 , 2017 – 6 00 pm Continued Those wishing to speak on Special Use Case 17 - 06 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 195 ’ monopole 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 17 - 06 on January 23 , 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 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 March 21 , 2017 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 06 and made the following recommendations Upon a motion by Mr Smith to approve Rezoning Case 17 - 06 , seconded by Mr Caldwell , Rezoning Case 17 - 06 was approved at the March 21st , 2017 Planning Board Meeting with a unanimous vote of 8 - 0 Upon a motion by Mr Smith to approve the Special Use Conditions for Case 17 - 06 with the adjustment to collocation numbers , seconded by Mr Caldwell , the Special Use Conditions for Case 17 - 06 were approved at the March 21st , 2017 Planning Board Meeting with a unanimous vote of 8 - 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 proposed facility will definitely aid the public health , safety , and general welfare of the citizens of Johnston County by providing necessary wireless infrastructure to the surrounding area After a 45 - day construction period , the facility will only generate about eight maintenance visits per year , thus having no impact on vehicular traffic and pedestrian movement in the surrounding areas Furthermore , the proposed facility will provide effective and important access to 911 first responders , which also has been shown to enhance vehicular traffic and pedestrian movement in surrounding areas 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 Skyway Towers and T - Mobile have met or exceeded all of the standards and requirements as provided in the Johnston County Zoning Ordinance This application and request is fully compliant with Section 14 - 257 o , as well as other applicable provisions found in the Johnston County Zoning Ordinance Furthermore , the application is fully compliant with federal regulations pertaining to wireless telecommunications facilities , including those of the FAA and FCC 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 proposed facility easily meets all of the setback , fencing , and landscaping requirements found in the Johnston County Zoning Ordinance , and will not present any possible adverse influence to adjacent properties In fact , the use will serve existing and proposed uses in the neighborhood by providing appropriate and necessary wireless infrastructure , as well as providing effective access to 911 first responders The property enjoys heavy and mature tree cover consisting mostly of pines approximately 60 ’ to 80 ’ in height , which will help shield the facility from view Furthermore , due to its short height and lack of illumination , the facility will have no adverse effect on the aesthetic character of the environs 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 wireless telecommunications facility conforms with the general plans for the physical development of the County’s planning jurisdiction as embodied in the Land Development Code , the County’s strategic plan , and other development policies adopted by the Board of Commissioners Furthermore , the facility will enhance development activities and improvement of surrounding properties and uses by providing necessary and effective wireless infrastructure Adequate wireless infrastructure has been shown throughout the country to be essential for effective economic development initiatives Specific Land Uses APPLICANT 195 ’ monopole telecommunication tower and supporting equipment facility Page0683 May 1 , 2017 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses 195 ’ 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 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 five additional collocations of similar equipment for a total of five six arrays 8 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 9 Should the antenna arrays be lowered in the future to a height that is below a removable section of the monopoles , the tower owner shall then remove this upper section that is no longer in use 10 The proposed structure shall not be lighted unless FAA requires 11 The facility shall be constructed so that access is only attainable by qualified personnel Changes in bold recommended by Planning Board Mr Gray reviewed the special use conditions with the Board He stated the County’s cell tower consultant has reviewed the application and their recommendations have been incorporated into the proposed special use conditions Mr Jonathan Yates , speaking on behalf of the applicant , confirmed that they agree with the special use conditions as proposed 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 17 - 06 Decision on Special Use Case 17 - 06 Case 17 - 06 To allow for a 195 ’ monopole telecommunication tower and supporting equipment facility Owner Dicky Parrish Applicant Hellman , Yates , and Tisdale Jonathan Yates 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 17 - 06 to allow for a 195 ’ monopole telecommunication tower and supporting equipment facility on 349 acres out of a 3318 acre tract located at 1399 Campground Road in Pine Level 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 proposed facility will definitely aid the public health , safety , and general welfare of the citizens of Johnston County by providing necessary wireless infrastructure to the surrounding area After a 45 - day construction period , the facility will only generate about eight maintenance visits per year , thus having no impact on vehicular traffic and pedestrian movement in the surrounding areas Furthermore , the proposed facility will provide effective and important access to 911 first responders , which also has been shown to enhance vehicular traffic and pedestrian movement in surrounding areas 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 Skyway Towers and T - Mobile have met or exceeded all of the standards and requirements as provided in the Johnston County Zoning Ordinance This application and request is fully compliant with Section 14 - 257 o , as well as other applicable provisions found in the Johnston County Zoning Ordinance Furthermore , the application is fully compliant with federal regulations pertaining to wireless telecommunications facilities , including those of the FAA and FCC 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 ;Page1684 May 1 , 2017 – 6 00 pm Continued Applicant The proposed facility easily meets all of the setback , fencing , and landscaping requirements found in the Johnston County Zoning Ordinance , and will not present any possible adverse influence to adjacent properties In fact , the use will serve existing and proposed uses in the neighborhood by providing appropriate and necessary wireless infrastructure , as well as providing effective access to 911 first responders The property enjoys heavy and mature tree cover consisting mostly of pines approximately 60 ’ to 80 ’ in height , which will help shield the facility from view Furthermore , due to its short height and lack of illumination , the facility will have no adverse effect on the aesthetic character of the environs 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 wireless telecommunications facility conforms with the general plans for the physical development of the County’s planning jurisdiction as embodied in the Land Development Code , the County’s strategic plan , and other development policies adopted by the Board of Commissioners Furthermore , the facility will enhance development activities and improvement of surrounding properties and uses by providing necessary and effective wireless infrastructure Adequate wireless infrastructure has been shown throughout the country to be essential for effective economic development initiatives Specific Land Uses APPLICANT 195 ’ monopole telecommunication tower and supporting equipment facility Special Use Conditions 1 Permitted Uses 195 ’ 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 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 five additional collocations of similar equipment for a total of six arrays 8 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 9 Should the antenna arrays be lowered in the future to a height that is below a removable section of the monopoles , the tower owner shall then remove this upper section that is no longer in use 10 The proposed structure shall not be lighted unless FAA requires 11 The facility shall be constructed so that access is only attainable by qualified personnel The Chairman reopened the Rezoning Hearing for Case 17 - 07 Case 17 - 07 Petition to rezone 56 acres out of a 4184 acre tract located at 466 J Howell Rd SR 2165 in Beulah Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 03P06003 Owner Matthew Davis and Tammy Johnson Applicant Hellman , Yates , and Tisdale Jonathan Yates Planning Director Berry Gray stated the petition is to rezone 56 acres out of a 4184 acre tract located at 466 J Howell Road in Beulah Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a 250 ’ lattice telecommunication tower and supporting equipment facility He stated the site is currently used for agricultural and residential 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 an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray stated the Secondary Growth Area allows for a maximum tower height of 250 ’ Attorney Frank Longest , Jr , representing T - Mobile , on behalf of the applicant offered to answer any questions Jonathan Yates , speaking on behalf of the applicant , provided the Board with a background on the subject site and stated it is a very good piece of property for the proposed use He stated the tower is designed for T - Mobile and five other carriers Mr Yates further stated that when visiting the site during the evaluation process , he was unable to receive cell phone calls ; therefore , he can confirm this tower is needed for the area Upon a question by Commissioner Allen L Mims , Jr , Mr Yates stated 250 ’ is needed to allow for a wider range in coverage He stated the Secondary Growth Area allows for a 250 ’ tower which provides that wider coverage spread and allows them to maximize the tower Page2685 May 1 , 2017 – 6 00 pm Continued Commissioner Chad M Stewart spoke on other areas of the County where better wireless infrastructure is needed and asked the applicants to keep that in mind 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 17 - 07 Decision on Rezoning Case 17 - 07 Case 17 - 07 Petition to rezone 56 acres out of a 4184 acre tract located at 466 J Howell Rd SR 2165 in Beulah Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 03P06003 Owner Matthew Davis and Tammy Johnson Applicant Hellman , Yates , and Tisdale Jonathan Yates Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 17 - 07 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 17 - 07 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 03P06003 located at 466 J Howell Road as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential Special Use District AR - SUD for a 250 ’ 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 request 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 using 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 st Adopted this the 1 day of May , 2017 Commissioner Ted G Godwin moved the Board approve Rezoning Case 17 - 07 to rezone 56 acres out of a 4184 acre tract located at 466 J Howell Road in Beulah Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 17 - 07 Case 17 - 07 To allow for a 250 ’ lattice telecommunication tower and supporting equipment facility Owner Matthew Davis and Tammy Johnson Applicant Hellman , Yates , and Tisdale Jonathan Yates Those wishing to speak on Special Use Case 17 - 07 were sworn in by the Clerk to the Board Page3686 May 1 , 2017 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a 250 ’ lattice 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 17 - 07 on January 23 , 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 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 March 21 , 2017 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 07 and made the following recommendations Upon a motion by Mr Creech to approve Rezoning Case 17 - 07 , seconded by Mr Summerlin , Rezoning Case 17 - 07 was approved at the March 21st , 2017 Planning Board Meeting with a unanimous vote of 8 - 0 Upon a motion by Ms Hackler to approve the Special Use Conditions for Case 17 - 07 with the adjustment to collocation numbers , seconded by Mr Summerlin , the Special Use Conditions for Case 17 - 07 were approved at the March 21st , 2017 Planning Board Meeting with a unanimous vote of 8 - 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 proposed facility will definitely aid the public health , safety , and general welfare of the citizens of Johnston County by providing necessary wireless infrastructure to the surrounding area After a 45 - day construction period , the facility will only generate about eight maintenance visits per year , thus having no impact on vehicular traffic and pedestrian movement in the surrounding areas Furthermore , the proposed facility will provide effective and important access to 911 first responders , which also has been shown to enhance vehicular traffic and pedestrian movement in surrounding areas 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 Skyway Towers and T - Mobile have met or exceeded all of the standards and requirements as provided in the Johnston County Zoning Ordinance This application and request is fully compliant with Section 14 - 257 o , as well as other applicable provisions found in the Johnston County Zoning Ordinance Furthermore , the application is fully compliant with federal regulations pertaining to wireless telecommunications facilities , including those of the FAA and FCC 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 proposed facility easily meets all of the setback , fencing , and landscaping requirements found in the Johnston County Zoning Ordinance , and will not present any possible adverse influence to adjacent properties In fact , the use will serve existing and proposed uses in the neighborhood by providing appropriate and necessary wireless infrastructure , as well as providing effective access to 911 first responders The property enjoys heavy and mature tree cover , which will help shield the facility from view Furthermore , due to its strategic placement on the property , the facility will have no adverse effect on the aesthetic character of the environs 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 wireless telecommunications facility conforms with the general plans for the physical development of the County’s planning jurisdiction as embodied in the Land Development Code , the County’s strategic plan , and other development policies adopted by the Board of Commissioners Furthermore , the facility will enhance development activities and improvement of surrounding properties and uses by providing necessary and effective wireless infrastructure