April 4, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 157 Meeting of the Johnston County Board of Commissioners April 4 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 4 , 2016 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , 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 Tony Braswell called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – March 23 and 30 , 2016 Certified letters were mailed to adjoining property owners on March 21 , 2016 Notices were posted at the locations on February 1 , 2016 for Cases 16 - 01 ; 16 - 04 ; and 16 - 06 The Chairman opened the Rezoning Hearing for Case 16 - 01 Case 16 - 01 Petition to rezone a 0823 acre tract located at 3645 Sanders Road in Pleasant Grove Township from Mobile Home Park Development MHPD to General Business - Special Use District GB - SUD Tax ID 13M99012H Owner Donald Lee and Annie Lee Applicant True Line Surveying Planning Director Berry Gray stated the petition is to rezone a 0823 acre tract located at 3645 Sanders Road in Pleasant Grove Township from Mobile Home Park Development to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is for commercial business which is actually automotive service and repair The surrounding land uses are zoned Agricultural Residential and used for residential purposes ; Community Business for automotive sales , repair , and a convenience store ; and General Business – Special Use District and presently used for 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 Additionally , this site is within a “ Community Center ” Activity Node Bryan Shinn , 104 Ila Place , Garner , stated he recently purchased the property from Donald and Annie Lee Mr Shinn stated he plans to build a 60 ft x 100 ft building to repair automobiles Commissioner DeVan Barbour asked if the automotive service and repair would be done for the public , noting that Mr Shinn has a sales lot across the street Mr Shinn clarified that the subject site would house a facility for him to primarily service and repair the vehicles for his car lot Mr Shinn stated they may do some repair business for the general public to help with cash flow but his primary function would be to service his own cars There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 01 Page158 April 4 , 2016 – 6 00 pm Continued Decision on Rezoning Case 16 - 01 Case 16 - 01 Petition to rezone a 0823 acre tract located at 3645 Sanders Road in Pleasant Grove Township from Mobile Home Park Development MHPD to General Business - Special Use District GB - SUD Tax ID 13M99012H Owner Donald Lee and Annie Lee Applicant True Line Surveying Commissioner Allen L Mims , Jr moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 01 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 01 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 13M99012H located at 3645 Sanders Road as shown on the attached Exhibit A , from Mobile Home Park Development MHPD to General Business Special Use District GB SUD 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 It aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan and is located at a “ Community Center ” activity node 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The GB - SUD district is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations th Adopted this the 4 day of April , 2016 Commissioner Allen L Mims , Jr moved the Board approve Rezoning Case 16 - 01 to rezone a 0823 acre tract located at 3645 Sanders Road in Pleasant Grove Township from Mobile Home Park Development to General Business - Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 16 - 01 Case 16 - 01 To allow for commercial business Owner Donald Lee and Annie Lee Applicant True Line Surveying Those wishing to speak on Special Use Case 16 - 01 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition was to allow for commercial business ; however , based on the applicant’s proposed use , the Planning Board recommends the special use permit allow for automotive service and repair Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 16 - 01 on November 4 , 2015 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 Page159 April 4 , 2016 – 6 00 pm Continued • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On February 16 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 01 and made the following recommendations Consistency Statement for Board Consideration This request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan and is located at a “ Community Center ” activity node The request is reasonable in that the GB - SUD district is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 16 - 01 with # 1 changed to permitted auto service and repair and # 7 needs to read 15 vehicles max awaiting pickup and with the removal of # 8 , seconded by Mr Browder , and carried by a unanimous vote of 9 - 0 , Case 16 - 01 was approved at the February 16th , 2016 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 Car sales and repair lot moving from one side of the intersection to the other The new location will maintain traffic patterns at intersection and offer a service location in the same area as it has been 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 Development complies with land development code as per the site plan and will be engineered according to county state and federal regulations 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 Development is located at an intersection with other commercial businesses that will share in cross traffic and maintain same traffic and infrastructure patterns that currently exist because the business is being relocated on Sanders Rd 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 be located at a high traffic intersection which is best suited for commercial development in accordance to the Land Development Code Specific Land Uses APPLICANT To allow for commercial business The following is a recommendation for Special Use Conditions , should the Board decide that the requested use is consistent with the Comprehensive Land Use Plan , as well as reasonable and in the public interest Special Use Conditions 1 Permitted Uses To allow for commercial business automotive service and repair 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a 15 - foot Class A buffer along Sanders Rd and NC Hwy 50 N 1 large tree , 2 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the buffer requirement 6 Installation of at least a 10 - foot Class B buffer along other property lines 2 large trees , 3 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the buffer requirement 7 Limited to the outdoor storage of 10 15 vehicles awaiting pickup or repair 8 Limited to the display of 35 cars for sale 9 Coordinate with NCDOT to ensure adequate Right of Way at the corner of NC Hwy 50 and Sanders Road at time of driveway permit application 10 All signage must comply with the sign code as stated in Section 14 - 509 , and be limited to one 36 sq ft ground sign 11 Hours of operation for automotive sales and repair shall be limited to Monday – Saturday 7 00am - 9 00pm ; with the allowance for 24 hour towing 12 Must properly contain and dispose of all petroleums , oils , and lubricants 13 No cars can be placed within 15 feet of the road right of way 14 All cars must be placed within designated parking areas including those awaiting repair or pickup 15 Lighting shall be dark sky and designed so as not to shine onto adjacent property Changes in bold recommended by the Planning Board Page160 April 4 , 2016 – 6 00 pm Continued Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated in accordance with condition # 1 as recommended by the Planning Board , the word “ sales ” should be deleted from condition # 11 County Attorney Jennifer Slusser advised the Board to revise condition # 11 to be consistent with condition # 1 that states “ automotive service and repair ” Bryan Shinn , 104 Ila Place , Garner , recently purchased property from Donald and Annie Lee stated he agrees with the proposed conditions as presented In response to a question from Commissioner DeVan Barbour , Mr Shinn stated for condition # 7 he feels that 15 vehicles will be sufficient because he has other facilities to store vehicles There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 16 - 01 Decision on Special Use Case 16 - 01 Case 16 - 01 To allow for automotive service and repair Owner Donald Lee and Annie Lee Applicant True Line Surveying Based on the findings of facts and revised special use conditions as listed below to account for automotive service and repair , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 01 to allow for automotive service and repair on a 0823 acre tract located at 3645 Sanders Road in Pleasant Grove Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Car sales and repair lot moving from one side of the intersection to the other The new location will maintain traffic patterns at intersection and offer a service location in the same area as it has been 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 Development complies with land development code as per the site plan and will be engineered according to county state and federal regulations 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 Development is located at an intersection with other commercial businesses that will share in cross traffic and maintain same traffic and infrastructure patterns that currently exist because the business is being relocated on Sanders Rd 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 be located at a high traffic intersection which is best suited for commercial development in accordance to the Land Development Code Specific Land Uses APPLICANT To allow for commercial business Special Use Conditions 1 Permitted Uses To allow for automotive service and repair 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a 15 - foot Class A buffer along Sanders Rd and NC Hwy 50 N 1 large tree , 2 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the buffer requirement PagePage pageNumber5161 April 4 , 2016 – 6 00 pm Continued 6 Installation of at least a 10 - foot Class B buffer along other property lines 2 large trees , 3 small trees , and 6 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the buffer requirement 7 Limited to the outdoor storage of 15 vehicles awaiting pickup or repair 8 Coordinate with NCDOT to ensure adequate Right of Way at the corner of NC Hwy 50 and Sanders Road at time of driveway permit application 9 All signage must comply with the sign code as stated in Section 14 - 509 , and be limited to one 36 sq ft ground sign 10 Hours of operation for automotive service and repair shall be limited to Monday – Saturday 7 00am - 9 00pm ; with the allowance for 24 hour towing 11 Must properly contain and dispose of all petroleums , oils , and lubricants 12 No cars can be placed within 15 feet of the road right of way 13 All cars must be placed within designated parking areas including those awaiting repair or pickup 14 Lighting shall be dark sky and designed so as not to shine onto adjacent property The Chairman reopened the Rezoning Hearing for Case 16 - 04 Case 16 - 04 Petition to rezone a 536 acre tract located on Bizzell Grove Church Road SR 2141 at its intersection with Evans Road SR 2964 in Boon Hill Township The request is to change the zoning from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 12O09049F Owner Duke Energy Progress , LLC Applicant Peter Sokalski Duke Energy Progress , LLC Planning Director Berry Gray stated the petition is to rezone a 536 acre tract located on Bizzell Grove Church Road at its intersection with Evans Road in Boon Hill Township from Agricultural Residential to Agricultural Residential – Special Use District Mr Gray noted the special use request associated with the rezoning to allow for an electrical substation Mr Gray stated the site is currently a nonconforming use as an electrical substation ; however , at the time of its construction it was not required to be a special use The applicant wishes to expand the substation which has prompted the rezoning The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; and Industrial 2 – Special Use District for a solar utility facility The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Applicant Peter Sokalski , Duke Progress Energy , 410 S Wilmington Street , Raleigh , requested the Board to approve the rezoning Mr Sokalski explained the substation is being expanded Commissioner Allen L Mims , Jr asked if the expansion is needed because of the solar farms recently constructed Mr Sokalski responded the expansion is not for solar farms , but is needed because of age and the actual growth of the surrounding area Thomas Bizzell , 4650 Bizzell Grove Church Road , stated he is not opposed to the substation or the rezoning , but he does have a concern with the ditch that goes across the property and funnels out onto other neighboring properties Mr Bizzell stated the ditch stays backed up and it needs to be cleaned and opened up for drainage purposes Chairman Tony Braswell stated if the rezoning request is approved , the Board can address the concerns with the ditch during the special use portion of the hearing There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 04 Decision on Rezoning Case 16 - 04 Case 16 - 04 Petition to rezone a 536 acre tract located on Bizzell Grove Church Road SR 2141 at its intersection with Evans Road SR 2964 in Boon Hill Township The request is to change the zoning from Agricultural Residential AR to Agricultural Residential – Special Use DistrictPagePage pageNumber6162 April 4 , 2016 – 6 00 pm Continued AR - SUD Tax ID 12O09049F Owner Duke Energy Progress , LLC Applicant Peter Sokalski Duke Energy Progress , LLC Commissioner Allen L Mims , Jr moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 04 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 04 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 12O09049F located on Bizzell Grove Church Road SR 2141 at its intersection with Evans Road SR 2964 as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential - Special Use District AR SUD 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 It aligns with Comprehensive Land Use Plan 6A “ Ensure well - planned Rural Development ” by bringing a legal nonconforming site into compliance with the current zoning requirements 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The development is listed as a special use in the Agricultural Residential zoning , and meets all of the requirements listed in the ordinance th Adopted this the 4 day of April , 2016 Commissioner Allen L Mims , Jr moved the Board approve Rezoning Case 16 - 04 to rezone a 536 acre tract located on Bizzell Grove Church Road at its intersection with Evans Road in Boon Hill 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 16 - 04 Case 16 - 04 To allow for an electrical substation Owner Duke Energy Progress , LLC Applicant Peter Sokalski Duke Energy Progress , LLC Those wishing to speak on Special Use Case 16 - 04 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 electrical substation Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 16 - 04 on November 5 , 2015 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 PagePage pageNumber7163 April 4 , 2016 – 6 00 pm Continued • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to 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 February 16 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 04 and made the following recommendations Upon a motion by Mr Stewart to approve the request for Rezoning Case 16 - 04 , seconded by Mr Browder , and carried by a unanimous vote of 9 - 0 , Rezoning Case 16 - 04 was approved at the February 16th , 2016 Planning Board Meeting Consistency Statement for Board Consideration The request is consistent with the Comprehensive Land Use Plan 6A “ Ensure well - planned Rural Development ” by bringing a legal nonconforming site into compliance with the current zoning requirements The request is reasonable and in the public interest in that the development is listed as a special use in the Agricultural Residential zoning , and meets all of the requirements listed in the ordinance Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 16 - 04 , changing Condition # 5 to read a minimum of 10 wax myrtles every 100 linear feet in addition to a Class A buffer along all boundaries , seconded by Ms Hackler , and carried by a unanimous vote of 9 - 0 , Special Use Conditions for Case 16 - 04 was approved at the February 16th , 2016 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 site is currently an electrical substation that has been in operation for over 40 years with no issues or problems The existing fence is currently situated 200 feet from the street right - of - way and is surrounded by a thick stand of trees and undergrowth from the surrounding neighbors except on the south side this is due to the transmission line easement The new expansion is needed due to equipment age and limited capacity for future growth The fence is expanding 25 feet to the north and 70 feet to the east 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant As a regulated utility , Duke Energy Progress is required to meet all federal and state regulations for development This includes obtaining proper development permits , such as erosion and sedimentation control permit and NC DOT permits All Johnston County ordinances and the Land Development Code requirement for the substation will be heeded for the development of the site The landscape buffer , the fence requirements and proper setbacks shall meet Johnston County requirements 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 This is an existing substation that was built in 1972 to support the surrounding community Several equipment modifications have been made in the past , but this is the first wholesale replacement for the substation that requires site expansion with new transformer and associated equipment needs to be updated 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 current property does not conform to the current LDC and County zoning ordinance as the site was developed prior to their formation This plan submission is to comply and come into conformance with the County’s regulations , such as setbacks for structures , fence heights and materials , landscape buffers , and lighting Specific Land Uses APPLICANT To allow for an electrical substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install 10 evergreen shrubs such as wax myrtles every 100 linear feet along the rezoning boundary 6 Install a Class A landscape buffer 1 large tree , 2 small trees , and six shrubs along the zoning boundary , existing natural vegetation may be used if equal or more intense 7 The area housing all the equipment shall be enclosed within an 8 ’ screen fence Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated the applicant has submitted a revised site plan to the Planning Department showing the landscaping design Applicant Peter Sokalski , Duke Progress Energy , 410 S Wilmington Street , Raleigh , presented the updated site plan to the Board and reviewed the landscaping changes on the plan Mr Sokalski stated it is his understanding that the neighboring property owner has received a copy of the revised site plan and is satisfied Mr Sokalski referenced earlier comments made during the rezoning hearing regarding the ditch and stated they will be more than happy to do whatever is needed to clean the ditch PagePage pageNumber8164 April 4 , 2016 – 6 00 pm Continued Upon a question by Commissioner Ted G Godwin , Mr Sokalski reported the fenced in area on the site will be increased to accommodate the expansion Richie Brady , 4363 Bizzell Grove Church Road , stated he has seen the revised site plan and is agreeable ; however , he still has concerns regarding the ditch Mr Brady stated the ditch flows into his property and water is backing up Mr Brady stated if Duke Energy will clean up their end of the ditch then he will take care of the part on his property down to the stream because it is a nuisance during heavy rain Mr Brady confirmed he is satisfied with the proposed buffers 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 Commissioner DeVan Barbour suggested adding a condition that the ditch shall be cleaned and properly maintained Commissioner Barbour asked if condition # 5 reflects the updated site plan or does the condition need to be amended Mr Gray reported condition # 5 will cover the updated site plan as it is currently proposed There being no further comments , the Chairman recessed the Special Use Hearing for Case 16 - 04 Decision on Special Use Case 16 - 04 Case 16 - 04 To allow for an electrical substation Owner Duke Energy Progress , LLC Applicant Peter Sokalski Duke Energy Progress , LLC Based on the findings of facts and revised special use conditions as listed below adding a condition that the ditch shall be cleaned and properly maintained , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 04 to allow for an electrical substation on a 536 acre tract located on Bizzell Grove Church Road at its intersection with Evans Road in Boon Hill 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 site is currently an electrical substation that has been in operation for over 40 years with no issues or problems The existing fence is currently situated 200 feet from the street right - of - way and is surrounded by a thick stand of trees and undergrowth from the surrounding neighbors except on the south side this is due to the transmission line easement The new expansion is needed due to equipment age and limited capacity for future growth The fence is expanding 25 feet to the north and 70 feet to the east 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant As a regulated utility , Duke Energy Progress is required to meet all federal and state regulations for development This includes obtaining proper development permits , such as erosion and sedimentation control permit and NC DOT permits All Johnston County ordinances and the Land Development Code requirement for the substation will be heeded for the development of the site The landscape buffer , the fence requirements and proper setbacks shall meet Johnston County requirements 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 This is an existing substation that was built in 1972 to support the surrounding community Several equipment modifications have been made in the past , but this is the first wholesale replacement for the substation that requires site expansion with new transformer and associated equipment needs to be updated 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 current property does not conform to the current LDC and County zoning ordinance as the site was developed prior to their formation This plan submission is to comply and come into conformance with the County’s regulations , such as setbacks for structures , fence heights and materials , landscape buffers , and lighting Specific Land Uses APPLICANT To allow for an electrical substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation PagePage pageNumber9165 April 4 , 2016 – 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 the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install 10 evergreen shrubs such as wax myrtles every 100 linear feet along the rezoning boundary 6 Install a Class A landscape buffer 1 large tree , 2 small trees , and six shrubs along the zoning boundary , existing natural vegetation may be used if equal or more intense 7 The area housing all the equipment shall be enclosed within an 8 ’ screen fence 8 The ditch shall be cleaned and properly maintained The Chairman reopened the Rezoning Hearing for Case 16 - 06 Case 16 - 06 Petition to rezone 286 acres of a 275 acre tract located at 8722 NC 210 Hwy in Elevation Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 07G07013A Owner Thel H Langdon Applicant Cellco Partnership d b a Verizon Wireless - Pennington Law Firm Planning Director Berry Gray stated the petition is to rezone 286 acres of a 275 acre tract located at 8722 NC 210 Hwy in Elevation Township from Agricultural Residential to Agricultural Residential – Special Use District Mr Gray noted the special use request associated with the rezoning to allow for a 199 ’ monopole tower and supporting equipment facility 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 moderate to low levels of growth pressures are anticipated over the next 20 years Mr Gray reported that a copy of the applicant’s technical specifications were submitted to and evaluated by the County’s cell tower consultant Mr Gray stated the consultant had no concerns with the tower being a monopole design given the proposed location and designed height Mr Gray also reported a balloon test was conducted in January 2016 with notification being provided to the surrounding properties Attorney Laura Goode , Pennington Law Firm , 1501 Main Street , Columbia , South Carolina , representing Applicant Cellco Partnership d b a Verizon Wireless , offered to answer any questions Ms Goode stated Verizon would be partnering with other carriers on the tower if the request is approved There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 16 - 06 Decision on Rezoning Case 16 - 06 Case 16 - 06 Petition to rezone 286 acres of a 275 acre tract located at 8722 NC 210 Hwy in Elevation Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 07G07013A Owner Thel H Langdon Applicant Cellco Partnership d b a Verizon Wireless - Pennington Law Firm Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 06 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 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 07G07013A located at 8722 NC 210 Hwy as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential - Special Use District AR SUD 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 ; andPage0166 April 4 , 2016 – 6 00 pm Continued 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 tower is located with a Secondary Growth Area which allows for towers up to 250 ’ tall 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The use can be limited in scope through the use of special conditions , and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public th Adopted this the 4 day of April , 2016 Commissioner Chad M Stewart moved the Board approve Rezoning Case 16 - 06 to rezone 286 acres of a 275 acre tract located at 8722 NC 210 Hwy in Elevation Township from Agricultural Residential to Agricultural Residential – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 16 - 06 Case 16 - 06 To allow for a 199 ’ monopole tower and supporting equipment facility Owner Thel H Langdon Applicant Cellco Partnership d b a Verizon Wireless - Pennington Law Firm Those wishing to speak on Special Use Case 16 - 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 199 ’ monopole tower and supporting equipment facility Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 16 - 06 on January 4 , 2016 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On February 16 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 06 and made the following recommendations Upon a motion by Mr Smith to approve the Rezoning Petition for Rezoning Case 16 - 06 , seconded by Mr Letchworth , with a unanimous vote of 9 - 0 , Rezoning Case 16 - 06 was approved at the February 16th , 2016 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that the tower height is allowed in this land use area The request is reasonable and in the public interest in that the use can be limited in scope through the use of special conditions , and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 16 - 06 with the removal of condition # 6 and , add to # 1 up to 5 wireless carriers , seconded by Mr Smith , and carried by a unanimous vote of 9 - 0 , the Special Use for Case 16 - 06 was approved at the February 16th , 2016 Planning Board Meeting Finding of Facts for the Special Use PermitPage1167 April 4 , 2016 – 6 00 pm Continued 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 Exhibit 1 Attachment Page2168 April 4 , 2016 – 6 00 pm ContinuedPage3169 April 4 , 2016 – 6 00 pm Continued Specific Land Uses APPLICANT To allow for a 199 ’ monopole tower and supporting equipment facility Special Use Conditions 1 Permitted Uses 199 ’ monopole tower for up to five wireless carriers 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 The Applicant shall provide documentation as to the antenna design to justify the need for a monopole more than one antenna per sector instead of a “ slick stick ” 7 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 8 The proposed structure shall not be lighted 9 The facility shall be constructed so that access is only attainable by qualified personnel Mr Gray listed and reviewed the special use conditions with the Board noting the Planning Board recommended up to five wireless carriers be allowed on the tower Mr Gray stated the County’s cell tower consultant is also comfortable with five carriers Mr Gray stated the Planning Board recommended removal of condition # 6 because the County’s consultant is comfortable with the monopole design since it is a rural area Attorney Laura Goode , Pennington Law Firm , 1501 Main Street , Columbia , South Carolina , representing Applicant Cellco Partnership d b a Verizon Wireless , submitted a copy of the complete application for Case 16 - 06 for the record complete copy of application is included for the record as part of the agenda packet Ms Goode reviewed with the Board the narrative as contained above in the summary of evidence Exhibit 1 for the Findings of Fact Ms Goode asked the Board to consider allowing the existing natural vegetation to meet the landscaping requirement Commissioner Allen L Mims , Jr noted there is a subdivision nearby as well as the adjacent land could be developed with houses in the future Commissioner Mims stated he would prefer language be added that a landscaping buffer would be added in the future if and when it is needed County Attorney Jennifer Slusser advised that the Board could revise the condition to state “ should the existing natural vegetation buffer be removed , installation of a Class B landscape buffer shall be required ” 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 Mr Gray agreed with earlier comments by the County Attorney regarding revised language for condition # 5 There being no further comments , the Chairman closed the Special Use Hearing for Case 16 - 06 Page4170 April 4 , 2016 – 6 00 pm Continued Decision on Special Use Case 16 - 06 Case 16 - 06 To allow for a 199 ’ monopole tower and supporting equipment facility Owner Thel H Langdon Applicant Cellco Partnership d b a Verizon Wireless - Pennington Law Firm Based on the findings of facts and revised special use conditions as listed below changing condition # 5 regarding the landscaping buffer , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 06 to allow for a 199 ’ monopole tower and supporting equipment on 286 acres of a 275 acre tract located at 8722 NC 210 Hwy in Elevation Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Please see the “ Rezoning Petition & Special Use Application Form Attachment ” and the Narrative , attached hereto as Exhibit 1 Exhibit 1 as contained within the summary of evidence submitted by the Planning Director Specific Land Uses APPLICANT To allow for a 199 ’ monopole tower and supporting equipment facility Special Use Conditions 1 Permitted Uses 199 ’ monopole tower for up to five wireless carriers 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 Should the existing natural vegetation buffer be removed , installation of a Class B landscape buffer shall be required 6 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 7 The proposed structure shall not be lighted 8 The facility shall be constructed so that access is only attainable by qualified personnel 3 Manager Reports and Comments None 4 Board Reports and Comments None There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 7 00 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage