November 3, 2014 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 290 Meeting of the Johnston County Board of Commissioners November 3 , 2014 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 3 , 2014 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 Tony Braswell , Cookie Pope , Allen L Mims , Jr , Ted G Godwin , DeVan Barbour , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Recognition of the Princeton High School Volleyball Team – State Championship Win Commissioner Chad M Stewart asked Head Coach Paige Renfrow if she would like to make any comments on the Princeton High School Volleyball Team’s recent State Championship win Ms Renfrow thanked each of the volleyball team members for all their hard work and effort through the season She praised the team for their determination and expressed her pride in their accomplishment Ms Renfrow stated the team is the first girls team at Princeton to win a State Championship and she is proud of their desire to reach that level Commissioner Chad M Stewart read aloud and moved the Board adopt the following resolution recognizing and congratulating the Princeton High School Volleyball Team for winning the 2014 1 - A State Championship RESOLUTION RECOGNIZING THE PRINCETON HIGH SCHOOL VOLLEYBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the Princeton High School Volleyball Team recently won the 2014 North Carolina High School Athletic Association 1 - A State Championship in Raleigh , North Carolina ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the Princeton High School Volleyball Team on winning the 2014 1 - A State Championship rd Adopted this the 3 day of November , 2014 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote The Princeton High School Volleyball Team introduced themselves Seniors – Jenna Woodard , Kasey Edwards , Charley Cox , and Kathy Hewitt ; Juniors – Emily Woodward , Hailey Wood , Taylor Carroll , Hannah Davis , Lakyn Whitley , Peyton Whitley , and Kelsey Peedin ; Sophomores – Kortney Edwards and Beth Braswell ; and Freshman Emily Ricks along with Head Coach Paige Renfrow and Assistant Coach Paula Wooten Commissioner Cookie Pope stated she became aware of the team’s chance to win the State Championship from the many proud parents and grandparents of the team members She expressed her joy over the championship win Commissioner Pope thanked the parents of the team as well as Princeton High School Principal Kirk Denning B Alpha Kappa Alpha , Inc – Psi Sigma Omega Chapter – Update to the Board Ms Iris Green , on behalf of Alpha Kappa Alpha , Inc Psi Sigma Omega Chapter , along with Ms Cynthia Toudle and Ms Pamela Taylor provided the Board with an update on their ongoing activities andPage291 November 3 , 2014 – 6 00 pm Continued community outreach efforts Ms Green stated their mission is service to all mankind Ms Green recalled that Psi Sigma Omega of Johnston County became an official chapter sanctioned by the national corporate office on June 8 , 2013 and they were honored by a proclamation adopted by the Johnston County Board of Commissioners to be recognized on that date She stated the Johnston County Chapter is comprised of more than 35 college women from diverse backgrounds who have distinguished themselves with graduate and professional degrees as well as higher achievements in their respective fields Ms Green provided the Board with an update on their recent and ongoing activities She stated they coordinated and participated with activities such as collecting non - perishable food items for the Smithfield Area Ministries and the St Ann’s Catholic Church , donating book bags and school supplies to South Smithfield Elementary School , partnering with the United Way of the Greater Triangle Area on a literacy campaign , creating an emerging young leaders program for middle school aged girls , as well as awarding scholarships to high school seniors totaling 1,500 along with many other projects Ms Green continued they also partner with Harbor to work at Harbor’s thrift store and they recently co - sponsored a community day at the Brack Wilson Park in Selma where they held a clothes giveaway and offered blood pressure checks along with diabetes screenings to over 200 participants Ms Green spoke on all the other activities that the Johnston County Chapter has been involved with noting they provided over 1,000 hours of community service equating to a cost of over 30,000 She concluded her comments by informing the Board of upcoming events as well noting the Alpha Kappa Alpha Sorority is th under new leadership of their 29 International President , Ms Dorothy Buckhanan Wilson , whose goal is to st ensure the sorority remains a vital 21 Century service organization and addresses some of the greatest human civil rights and social issues in our society today Ms Green thanked the Board of Commissioners for their continued support and stated they plan to keep the Board updated Ms Toudle submitted copies of their recent newsletters to the Commissioners The Board thanked the Chapter for all their community service and encouraged them to continue their efforts C Citizen Concerns – Dennis Nielsen Dennis Nielsen , 9485 NC Hwy 39 and 212 Trotter’s Run Court , owner of Freedom Arms in Clayton , addressed the Board Mr Nielsen first complimented the Sheriff’s Department on their efficient manner of issuing concealed carry permits to citizens He stated the staff is knowledgeable and treat people with respect and dignity Mr Nielsen continued his remarks by expressing his concerns with the Tax Department and the Department’s handling of the appeal process Mr Nielsen informed the Board of a recent situation whereby he went in to appeal the value of a vehicle he purchased Mr Nielsen reported he found the Tax Department staff to be rude and stated they pressed him for information on the vehicle that was not relevant to the appeal process under General Statutes and he submitted statute information to the Board Mr Nielsen also expressed concerns with the fact that the Tax Department records the video and audio of citizens at the counter in the Tax Department stating there is no sign indicating recording is in progress Mr Nielsen noted he requested a copy of the recording of his visit to the Tax Department ; however , when he received the CD he could not view anything on the CD Mr Nielsen gave the CD to the Chairman Mr Nielsen also expressed his concerns with the appeal process in general through the Board of Equalization and Review as well as the Property Tax Commission He stated he would like to see problems settled on a local level Chairman Jeffrey P Carver thanked Mr Nielsen for his comments and concerns and stated he would like to sit down with the County Manager and the Tax Administrator to address the issues Chairman Carver stated the Board focuses on customer service and if there are problems then he would like to see the problems addressed 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – October 22 and 29 , 2014 Certified letters were mailed to adjoining property owners on October 20 , 2014 Notices were posted at the locations on September 3 , 2014 for Cases 12 - 11 MOD ; 12 - 20 MOD ; 14 - 21 ; and 14 - 22 The Chairman opened the Special Use Hearing for Case 12 - 11 MOD Page292 November 3 , 2014 – 6 00 pm Continued Case 12 - 11 MOD Petition to extend the Special Use Permit for a mini storage facility for 24 months on 143 acres zoned General Business - Special Use District GB - SUD , located on NC 96 Hwy South in Meadow Township Tax ID 09H15199W Owner Mary Ann Hill Applicant Mary Ann Hill Those wishing to speak on Special Use Case 12 - 11 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to extend the special use permit for a mini storage facility for 24 months on 143 acres zoned General Business - Special Use District , located on NC 96 Hwy South in Meadow Township Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 11 MOD on April 17 , 2014 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 , storm water 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 September 16 , 2014 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 11 MOD and made the following recommendations Upon a motion by Mr Stewart to approve the Special Use Conditions for Rezoning Case 12 - 11 , seconded by Mr Letchworth , carried by a unanimous vote of 9 - 0 , the Special Use Conditions for Rezoning Case 12 - 11 were approved at the September 16th , 2014 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan The request is reasonable and in the public interest in that the use can be limited in scope through the use of special conditions to blend in with the area The conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public 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 50 unit mini storage facility would have limited traffic , is located in a rural area surrounded by farm land and would not have a negative effect on neighbors Staff Lighting , landscape buffering and controlled access will maintain and promote the health , safety , and general welfare of the public 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 We will comply with all conditions and requirements set by the county Staff The proposed development is in accordance with the intent of the General Business district Landscape requirements and controlled access will maintain the value of contiguous properties 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 There is a need for a mini storage facility in the area and the conditions placed on approval will not negatively affect neighbors Staff The applicant’s proposed development will conform to all requirements of the Land development Code and any conditions as required by the Boards and Federal , State and Local agencies 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 We will comply with all conditions and requirements set by the county Staff Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Mini storage Special Use Conditions 1 Permitted Uses Mini - Storage FacilityPage293 November 3 , 2014 – 6 00 pm Continued 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 Planning and Zoning Department Staff 4 Must comply with all traffic improvements as required by NCDOT 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 6 A storm - water management plan shall be required if exceeding 17,000 sq ft of impervious surface 7 Installation of a Class B Buffer along all zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 8 Hours of Operation Seven days a week , 24 hours a day 9 Signage must comply with sign code 10 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Gate must be recessed at least 30 ’ from the edge of pavement Mr Gray noted the request is just for an extension of the special use permit and no changes are being proposed to the special use conditions from the original approval He stated no construction on the site has begun ; however , the applicant has indicated she does plan to eventually have mini - storage on the site and wishes to extend the permit Applicant Mary Ann Hill , 1581 Harnett - Dunn Hwy , Newton Grove , asked for the extension to be approved Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 12 - 11 MOD Decision on Special Use Case 12 - 11 MOD Case 12 - 11 MOD Petition to extend the Special Use Permit for a mini storage facility for 24 months on 143 acres zoned General Business - Special Use District GB - SUD , located on NC 96 Hwy South in Meadow Township Tax ID 09H15199W Owner Mary Ann Hill Applicant Mary Ann Hill Based on the findings of facts and special use conditions as listed below , Commissioner Allen L Mims , Jr moved the Board approve the petition to extend the special use permit for a mini storage facility for 24 months on 143 acres zoned General Business - Special Use District , located on NC 96 Hwy South in Meadow 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 proposed 50 unit mini storage facility would have limited traffic , is located in a rural area surrounded by farm land and would not have a negative effect on neighbors Staff Lighting , landscape buffering and controlled access will maintain and promote the health , safety , and general welfare of the public 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 We will comply with all conditions and requirements set by the county Staff The proposed development is in accordance with the intent of the General Business district Landscape requirements and controlled access will maintain the value of contiguous properties 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 There is a need for a mini storage facility in the area and the conditions placed on approval will not negatively affect neighbors Staff The applicant’s proposed development will conform to all requirements of the Land development Code and any conditions as required by the Boards and Federal , State and Local agencies 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 We will comply with all conditions and requirements set by the county Staff Applicant’s proposed development will comply with all requirements of the Land Development Code and any conditions as required by the Boards Specific Land Uses APPLICANT Mini storage Special Use Conditions PagePage pageNumber5294 November 3 , 2014 – 6 00 pm Continued 1 Permitted Uses Mini - Storage 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 Planning and Zoning Department Staff 4 Must comply with all traffic improvements as required by NCDOT 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 6 A storm - water management plan shall be required if exceeding 17,000 sq ft of impervious surface 7 Installation of a Class B Buffer along all zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 8 Hours of Operation Seven days a week , 24 hours a day 9 Signage must comply with sign code 10 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 11 Gate must be recessed at least 30 ’ from the edge of pavement The Chairman opened the Rezoning Hearing for Case 12 - 20 MOD Case 12 - 20 MOD Petition to extend a special use rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business – Special Use District GB - SUD Tax ID 06E02028C Owner Micro Investments , LLC Applicant Micro Investments , LLC Chairman Jeffrey P Carver accepted a request from Commissioner Cookie Pope to abstain from Case 12 - 20 MOD and the Board agreed by consent Planning Director Berry Gray stated the petition is to extend a special use rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business – Special Use District Mr Gray stated the ordinance allows for uses to be identified later ; however , a use must be established within 24 months otherwise the zoning reverts back to the original classification He noted once a use is identified , the applicant would come back to the Board to go through the special use permit hearing process which would involve advertising and notifying the surrounding property owners of that proposed use Mr Gray stated the surrounding land uses are zoned Agricultural Residential and used for such purposes as well as a church ; Community Business – Special Use District and currently used for a day care ; Office and Institutional and currently vacant ; General Business – Special Use District and currently being used for a gas station with car wash , veterinary hospital and one parcel is currently vacant ; and General Business for car care store , day care , mini storage , gas station with car wash , and produce nursery sales The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Community Centers ” activity node Shirley Godwin , Dunn , North Carolina , representing Applicant Micro Investments LLC , stated they presently have the site listed for sale , but if it does not sell they plan to develop it within the next two years Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 20 MOD Decision on Rezoning Case 12 - 20 MOD Case 12 - 20 MOD Petition to extend a special use rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business – Special Use District GB - SUD Tax ID 06E02028C Owner Micro Investments , LLC Applicant Micro Investments , LLC Commissioner DeVan Barbour moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 12 - 20 MOD to extend the General Business – Special Use District zoning for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township be approved Commissioner Tony Braswell seconded the motion , which carried by unanimous vote with Commissioner Cookie Pope abstaining PagePage pageNumber6295 November 3 , 2014 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 14 - 21 Case 14 - 21 Petition to rezone an 1197 acre tract located along Lake Wendell Road SR 1716 in O’Neals Township from Community Business CB to Agricultural Residential AR Tax ID 16L03045B Owner Julian Barham Applicant Julian Barham Planning Director Berry Gray stated the petition is to rezone an 1197 acre tract located along Lake Wendell Road in O’Neals Township from Community Business to Agricultural Residential Mr Gray reported the site was zoned Community Business as part of the initial County zoning adoption in 1991 due to an existing business on the site at that time He noted the business is no longer in operation , the property is now vacant , and the applicant wishes to downzone the property The surrounding land uses are zoned Agricultural Residential and used for such purposes , an elementary school , and a Fire EMS station ; as well as General Business – Special Use District and presently vacant The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Ned Coleman , 10406 Covered Bridge Road , Zebulon , North Carolina , speaking on behalf of Applicant Julian Barham , stated they would like to use the property for residential purposes Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 21 Decision on Rezoning Case 14 - 21 Case 14 - 21 Petition to rezone an 1197 acre tract located along Lake Wendell Road SR 1716 in O’Neals Township from Community Business CB to Agricultural Residential AR Tax ID 16L03045B Owner Julian Barham Applicant Julian Barham Commissioner Allen L Mims , Jr moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 14 - 21 to rezone an 1197 acre tract located along Lake Wendell Road in O’Neals Township from Community Business to Agricultural Residential be approved Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 14 - 22 Case 14 - 22 Petition to rezone 462 acres of a 7894 acre tract located at 2975 Strickland’s Crossroads Road SR 1143 in Ingrams Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 08J14051A Owner Dennis and Imojean Johnson Applicant Cellco Partnership d b a Verizon Wireless Planning Director Berry Gray stated the petition is to rezone 462 acres of a 7894 acre tract located at 2975 Strickland’s Crossroads Road in Ingrams Township from Agricultural Residential to Agricultural Residential – Special Use District He noted the special use request associated with the rezoning to allow for a 220 ’ self - supporting lattice tower and supporting equipment facility The surrounding land uses are zoned Agricultural Residential and used for such purposes as well as General Business for a former community store down the road The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Mr Gray continued this is the first cell tower rezoning case the Board has heard since the ordinance was last amended He noted prior to the most recent amendments , the ordinance allowed a maximum tower height of 120 ’ Through the amendment process , the County was split into three areas based on the Land Use Plan to determine cell tower heights Mr Gray stated pursuant to the current ordinance , this area of the County can have a maximum tower height of 300 ’ although the applicant is only requesting 220 ’ Mr Gray explained a balloon test was conducted which was duly advertised and notices sent to the surrounding property owners He stated presently there are no cell towers in this immediate area with the closest tower being approximately 45 miles away The subject site is located approximately 1,000 ’ off the road and the fall zone setback area are all contained within the actual parent parcel In accordance with ordinance requirements the tower will have fivePagePage pageNumber7296 November 3 , 2014 – 6 00 pm Continued lease spaces for other carriers Mr Gray stated the County’s cell tower consultant has reviewed the request and is available for questions Commissioner Ted G Godwin asked if there has been any feedback from citizens in the area regarding cell phone usage Mr Gray stated staff has received several inquiries from citizens in the past couple of years that live in the area all saying they do not have good cell service At the inquiry of Chairman Jeffrey P Carver , Mr Gray stated there was a site next to the subject site , or possibly could have been the exact same site , that received approval for a cell tower some years ago ; however , that tower was never constructed and the permit expired Dana Pellizzari , Pennington Law Firm , 1501 Main Street , Columbia , South Carolina , representing Applicant Cellco Partnership d b a Verizon Wireless , addressed the Board Ms Pellizzari submitted a copy of the complete cell tower application to the Board complete application was included in the Board’s agenda packet Ms Pellizzari stated the proposed tower would accommodate Verizon’s needs as well as five additional carriers as is required by the ordinance She stated the property is large and fairly wooded and meets all the requirements for the rezoning She stated the tower is being designed to provide more coverage along Hwy 701 between Four Oaks and Newton Grove Ms Pellizzari stated they submitted an application based on a request for a lattice tower ; however , the County’s consultant has recommended a monopole tower Ms Pellizzari requested the Board to approve a lattice tower and stated Engineer Brett Slough from Verizon is available to answer questions Rick Edwards , representing CityScape Consultants , the County’s cell tower consultant , addressed the Board Mr Edwards noted this is the first application his company has reviewed for the County He reported CityScape can concur will all the proposed plans by Verizon except for the lattice construction Mr Edwards explained the County’s ordinance calls for communication towers to have a minimal visual impact ; therefore , CityScape has recommended Verizon construct a monopole type tower instead of a lattice tower Mr Edwards stated the monopole tower is only a recommendation from CityScape based on the ordinance language ; however , the Board can choose to approve the lattice type construction if appropriate He noted companies typically prefer lattice construction because they are more economical to construct He stated the five additional spaces for collocations on the tower is a good number Commissioner Godwin asked with a tower 220 ’ in height is there structural integrity issues with lattice versus monopole Mr Edwards stated Verizon will have to construct the tower according to approved standards for integrity regardless of the construction type Upon a question by Commissioner DeVan Barbour , Director of 911 - Communications Jason Barbour stated if the County were building a new tower he would recommend lattice over monopole Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Rezoning Hearing for Case 14 - 22 Decision on Rezoning Case 14 - 22 Case 14 - 22 Petition to rezone 462 acres of a 7894 acre tract located at 2975 Strickland’s Crossroads Road SR 1143 in Ingrams Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 08J14051A Owner Dennis and Imojean Johnson Applicant Cellco Partnership d b a Verizon Wireless Commissioner Ted G Godwin moved the Board conclude and adopt a statement that the rezoning requested is consistent with the Comprehensive Land Use Plan , and it is therefore reasonable and in the public interest , and further that the petition for rezoning case 14 - 22 to rezone 462 acres of a 7894 acre tract located at 2975 Strickland’s Crossroads Road SR 1143 in Ingrams Township from Agricultural Residential to Agricultural Residential – Special Use District be approved Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote PagePage pageNumber8297 November 3 , 2014 – 6 00 pm Continued The Chairman reopened the Special Use Hearing for Case 14 - 22 Case 14 - 22 To allow for a 220 ’ self - supporting lattice tower and supporting equipment facility Owner Dennis and Imojean Johnson Applicant Cellco Partnership d b a Verizon Wireless Those wishing to speak on Special Use Case 14 - 22 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a 220 ’ self - supporting lattice tower and supporting equipment facility Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 22 on July 17 , 2014 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 September 16 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 22 and made the following recommendations Upon a motion by Mr Stewart to approve Rezoning Case 14 - 22 , seconded by Mr Summerlin and carried by a unanimous vote of 9 - 0 , the Johnson County Planning Board approved Rezoning Case 14 - 22 at the September 16th , 2014 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan The request is reasonable and in the public interest in that the use can be limited in scope through the use of special conditions The conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Letchworth to approve the Rezoning Case 14 - 22 with the removal of Condition # 6 , seconded by Ms Hackler and carried by a unanimous vote of 9 - 0 , the Johnston County Planning Board approved Rezoning Case 14 - 22 at the September 16th , 2014 Planning Board meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed communications facility will maintain and or promote public health , safety and general welfare in the following ways the tower compound will be set back over one thousand feet from the public road and will be locked and surrounded by a security fence in order to prevent unauthorized access ; the facility will not produce any fumes , odors or noise pollution ; the tower compound will be unmanned and thus will not impact traffic flow in the area ; the communications facility will benefit the safety and health of the citizens of Johnston County by providing consistent and continuous wireless coverage ; the proposed tower shall provide a needed service and will promote the safety and general welfare of the residents of Johnston County by allowing those residents to utilize their mobile phones in everyday circumstances and well as in emergency situations The proposed communications facility will promote public safety and general welfare , if located where proposed and developed and operated according to the plans submitted for approval , in the following ways i wireless phones help police , fire and emergency medical services EMS personnel in their daily mission of protecting their communities ; ii every day , more than 100,000 emergency calls are made to 911 from wireless phones ; iii mobile data terminals in police cars can give officers quick access to information such as automobile , drivers license , and prior conviction records , helping them make informed , on the spot decisions that keep our streets safer ; iv EMS teams transporting patients to a hospital transmit electrocardiograms and other vital medical information en route , speeding effective care and saving lives Staff The tower will be constructed in a safe manner as required by state and or federal regulations The fall zone of the tower will be the height of the tower plus 10 The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 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 pageNumber9298 November 3 , 2014 – 6 00 pm Continued Applicant The proposed use is permitted in the A R zoned district with a special use permit Verizon Wireless will comply with the terms and conditions of any special use permit granted to it by Johnston County Verizon Wireless has filed a zoning application with the county and its consultants which demonstrates how each particular requirement of Johnston Countys Zoning Ordinance is met by the proposed facility The facility is proposed to be located in an agricultural rural area The countys land development code encourages preservation of these areas where market pressures for development are less intense The proposed facility is not an urban - type development and will not create any density or intensity concerns , as it is an unmanned facility which will not increase traffic , create noise pollution or interfere with existing uses of surrounding properties , as stated above and below The communications facility will comply with all applicable FAA , FCC , State and Federal rules and regulations Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code 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 Verizon Wireless lease area is currently vacant and wooded with no existing use , and portions of the overall parcel support some agricultural uses The communications facility will not decrease property values by hindering or inhibiting any existing use of the property The communications facility will be set back over one thousand feet from the road and over six hundred feet from neighboring property lines Surrounding properties are agricultural rural in nature , and do not conflict with the proposed special use Existing vegetation will be utilized to shield the compound from view The facility will not produce any fumes , odors or noise pollution The tower compound will be unmanned and thus will not impact traffic flow in the area The compound will be fenced and locked so as to prevent unauthorized access The communications facility will benefit the safety and health of the citizens of Johnston County by providing consistent and continuous wireless coverage , which is necessary for emergency communications as well as for personal use The facility is a public necessity because many people rely solely on their wireless phones for communication , and wireless phones are rapidly replacing land lines as many peoples only home telephone The proposed tower shall provide a needed service and benefit the residents of Johnston County Staff The site is part of a large , mostly undeveloped tract of land The tower will help to improve communications in the area A “ Class B ” landscape buffer shall be installed along the perimeter of the compound Existing natural vegetation is acceptable in lieu of this requirement if equal or more intense This , along with the special use conditions required by the Boards , will help to maintain the value of contiguous properties 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 Johnston Countys comprehensive plan discourages proposing a special use on property adjacent to a parcel with a conflicting or non - harmonious use The comprehensive plan also discourages urban - type developments in agricultural rural areas and encourages the preservation of farm land The plan also encourages development that benefits public health and safety needs The provision of public safety is a specific goal of Johnston Countys strategic plan The proposed telecommunications facility is in conformity with the plan because wireless coverage is a critical component of public safety as stated above The proposed tower will be near Highway 701 , a high - traffic roadway in Johnston County that many residents use to get to work and back , shopping , etc There is a significant gap in wireless coverage along this highway Verizon wireless receives complaints from its customers in this area who do not have wireless coverage The proposed facility would benefit Johnston County residents by providing the coverage needed for them to make and receive personal , business and emergency calls in this area The proposed facility will not create any density concerns as it will be an unmanned facility , as stated above The facility will not conflict with neighboring agricultural rural properties or the use of those properties As stated above , the facility will be set back over one thousand feet from the nearest public roadway and over six hundred feet from neighboring property lines and natural vegetation will create a buffer between the facility and the surrounding agricultural rural property Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for a 220 ’ self - supporting lattice tower and supporting equipment facility Special Use Conditions 1 Permitted Uses 220 ’ self - supporting lattice 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 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 6 All conditions recommended required by the county’s technical consultant and the Land Development Code Mr Gray listed and reviewed the special use conditions with the Board Commissioner Ted G Godwin asked about the buffer in relation to the location of the security fence and if the buffer would cause any negative impacts with maintenance to the fence Page0299 November 3 , 2014 – 6 00 pm Continued Mr Gray stated usually the buffer is planted far enough from the fence to avoid problems with maintenance Mr Gray stated the surrounding field is farmed and although he is unsure what crop is out there at the moment , he assumes it will continue to be farmed Mr Gray stated the buffer requirement is a normal condition associated with cell towers even though the subject site is located a good ways off the road Dana Pellizzari , Pennington Law Firm , 1501 Main Street , Columbia , South Carolina , representing Applicant Cellco Partnership d b a Verizon Wireless , stated they are agreeable to the special use conditions as read by Mr Gray Commissioner Godwin asked about lighting for the tower Ms Pellizzari stated safety lighting is required by the Federal Aviation Administration on any tower that is 199 ’ or above in height She stated the lighting on the proposed tower , as required by the Federal Aviation Administration , will be dual lighting with a light strobe in the day and red lighting at night Commissioner Allen L Mims , Jr asked about a generator on the site and how often the lighting would be checked Ms Pellizzari stated the plans call for a diesel generator that would be housed within the shelter Verizon Engineer Brett Slough , Junction Boulevard , Raleigh , North Carolina , stated the lighting system on the tower is automatic and if the lights fail it will automatically notify the main office Mr Gray reported the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 14 - 22 Decision on Special Use Case 14 - 22 Case 14 - 22 To allow for a 220 ’ self - supporting lattice tower and supporting equipment facility Owner Dennis and Imojean Johnson Applicant Cellco Partnership d b a Verizon Wireless Based on the findings of facts and special use conditions as listed below , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 14 - 22 to allow for a 220 ’ self - supporting lattice tower and supporting equipment facility on 462 acres of a 7894 acre tract located at 2975 Strickland’s Crossroads Road in Ingrams Township Commissioner Chad M Stewart 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 communications facility will maintain and or promote public health , safety and general welfare in the following ways the tower compound will be set back over one thousand feet from the public road and will be locked and surrounded by a security fence in order to prevent unauthorized access ; the facility will not produce any fumes , odors or noise pollution ; the tower compound will be unmanned and thus will not impact traffic flow in the area ; the communications facility will benefit the safety and health of the citizens of Johnston County by providing consistent and continuous wireless coverage ; the proposed tower shall provide a needed service and will promote the safety and general welfare of the residents of Johnston County by allowing those residents to utilize their mobile phones in everyday circumstances and well as in emergency situations The proposed communications facility will promote public safety and general welfare , if located where proposed and developed and operated according to the plans submitted for approval , in the following ways i wireless phones help police , fire and emergency medical services EMS personnel in their daily mission of protecting their communities ; ii every day , more than 100,000 emergency calls are made to 911 from wireless phones ; iii mobile data terminals in police cars can give officers quick access to information such as automobile , drivers license , and prior conviction records , helping them make informed , on the spot decisions that keep our streets safer ; iv EMS teams transporting patients to a hospital transmit electrocardiograms and other vital medical information en route , speeding effective care and saving lives Staff The tower will be constructed in a safe manner as required by state and or federal regulations The fall zone of the tower will be the height of the tower plus 10 The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 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 ;Page1300 November 3 , 2014 – 6 00 pm Continued Applicant The proposed use is permitted in the A R zoned district with a special use permit Verizon Wireless will comply with the terms and conditions of any special use permit granted to it by Johnston County Verizon Wireless has filed a zoning application with the county and its consultants which demonstrates how each particular requirement of Johnston Countys Zoning Ordinance is met by the proposed facility The facility is proposed to be located in an agricultural rural area The countys land development code encourages preservation of these areas where market pressures for development are less intense The proposed facility is not an urban - type development and will not create any density or intensity concerns , as it is an unmanned facility which will not increase traffic , create noise pollution or interfere with existing uses of surrounding properties , as stated above and below The communications facility will comply with all applicable FAA , FCC , State and Federal rules and regulations Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code 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 Verizon Wireless lease area is currently vacant and wooded with no existing use , and portions of the overall parcel support some agricultural uses The communications facility will not decrease property values by hindering or inhibiting any existing use of the property The communications facility will be set back over one thousand feet from the road and over six hundred feet from neighboring property lines Surrounding properties are agricultural rural in nature , and do not conflict with the proposed special use Existing vegetation will be utilized to shield the compound from view The facility will not produce any fumes , odors or noise pollution The tower compound will be unmanned and thus will not impact traffic flow in the area The compound will be fenced and locked so as to prevent unauthorized access The communications facility will benefit the safety and health of the citizens of Johnston County by providing consistent and continuous wireless coverage , which is necessary for emergency communications as well as for personal use The facility is a public necessity because many people rely solely on their wireless phones for communication , and wireless phones are rapidly replacing land lines as many peoples only home telephone The proposed tower shall provide a needed service and benefit the residents of Johnston County Staff The site is part of a large , mostly undeveloped tract of land The tower will help to improve communications in the area A “ Class B ” landscape buffer shall be installed along the perimeter of the compound Existing natural vegetation is acceptable in lieu of this requirement if equal or more intense This , along with the special use conditions required by the Boards , will help to maintain the value of contiguous properties 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 Johnston Countys comprehensive plan discourages proposing a special use on property adjacent to a parcel with a conflicting or non - harmonious use The comprehensive plan also discourages urban - type developments in agricultural rural areas and encourages the preservation of farm land The plan also encourages development that benefits public health and safety needs The provision of public safety is a specific goal of Johnston Countys strategic plan The proposed telecommunications facility is in conformity with the plan because wireless coverage is a critical component of public safety as stated above The proposed tower will be near Highway 701 , a high - traffic roadway in Johnston County that many residents use to get to work and back , shopping , etc There is a significant gap in wireless coverage along this highway Verizon wireless receives complaints from its customers in this area who do not have wireless coverage The proposed facility would benefit Johnston County residents by providing the coverage needed for them to make and receive personal , business and emergency calls in this area The proposed facility will not create any density concerns as it will be an unmanned facility , as stated above The facility will not conflict with neighboring agricultural rural properties or the use of those properties As stated above , the facility will be set back over one thousand feet from the nearest public roadway and over six hundred feet from neighboring property lines and natural vegetation will create a buffer between the facility and the surrounding agricultural rural property Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for a 220 ’ self - supporting lattice tower and supporting equipment facility Special Use Conditions 1 Permitted Uses 220 ’ self - supporting lattice 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 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 3 Manager Reports and Comments County Manager Rick Hester noted the Board reviewed a presentation from Evergreen Solutions for a compensation review at the October meeting Mr Hester stated following some feedback he has received , staff has instead decided to conduct an internal review for possible implementation by the Board over the next two budget cycles Page2301 November 3 , 2014 – 6 00 pm Continued 4 Board Reports and Comments None There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 7 10 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage