July 5, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 294 Meeting of the Johnston County Board of Commissioners July 5 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , July 5 , 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 – June 22 and 29 , 2016 Certified letters were mailed to adjoining property owners on June 20 , 2016 Notices were posted at the locations on May 3 , 2016 for Cases 16 - 13 ; 16 - 14 ; 16 - 15 ; 16 - 16 ; and 551 MOD and April 4 , 2016 for Cases 08 - 13 MOD and 08 - 14 MOD The Chairman opened the Rezoning Hearing for Case 16 - 13 Case 16 - 13 Petition to rezone a 106 acre tract located at 3535 Black Creek Road near the intersection with Sedgewood Road in Elevation Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 15H09012 Owner Edison Klebs Applicant Edison Klebs Planning Director Berry Gray stated the petition is to rezone a 106 acre tract located at 3535 Black Creek Road near the intersection with Sedgewood Road in Elevation Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a single - family residence with home office for septic tank cleaning business , parking and servicing trucks , and parking for employees The existing use is zoned Agricultural Residential and used for residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; and Agricultural Residential by the Town of Four Oaks for agricultural and residential purposes This 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 stated there is currently a home on site with the business and it was brought to the attention of staff as a violation Commissioner Allen L Mims , Jr stated the applicant is requesting to be rezoned to General Business – Special Use District and questioned if General Business allows for a residence Mr Gray stated a residence can be included as long as it is a specified use as part of the General Business – Special Use District Attorney Chip Hewett , 768 Pondfield Road , Princeton , representing Applicant Edison Klebs , acknowledged that the request came about as the result of the applicant being in violation and once Mr Klebs learned of the violation he came in to get it fixed Mr Hewett noted there was no opposition at the Planning Board Meeting and he outlined the property on the aerial photograph for the Board noting that Mr Klebs owns the entire surrounding farmland which is approximately 28 acres He explained that Mr Klebs owns a septic business and would park six trucks on the site as part of the business Mr Hewett stated none of the portable toilets associated with the business would be located on the subject site as that part of the business is located in another location Mr Hewett stated he believes that staff’s initial recommendation for denial was because the area is within a Secondary Growth Area on the County’s Comprehensive Land Use Plan ; however , he reiterated there were no issues at the Planning Board Meeting Mr Hewett continued that the purpose of the secondary growth area is to tryPage295 July 5 , 2016 – 6 00 pm Continued and maintain the agricultural and rural areas Mr Hewett stated with the request , the secondary growth area would not be compromised because no farmland will be lost and the six commercial type vehicles would fit with the character of the subject area noting the farming operation nearby Commissioner Jeffrey P Carver asked where the applicant operated his business prior Mr Hewett stated Mr Klebs operated the business previously in Four Oaks ; however , he recently purchased the subject property with the surrounding land at an auction in the hopes of having his home there along with the ability to store his trucks on site Chairman Tony Braswell asked what made the site a non - conforming use Mr Hewett responded the commercial trucks parked on the site made the site a non - conforming use as he understands from the complaint received At the inquiry of Commissioner Chad M Stewart , Mr Hewett stated there is a LP Gas business located just up the road and also a grading business and very large farming operation nearby There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray stated the complaint that staff received involved concerns with the truck parking and also with liquids possibly being disposed of on - site in the adjacent field Mr Gray stated in response to those concerns , staff had an inspector visit the site and the inspector found there were no violations or evidence of hazardous materials being disposed of on the ground or in the stream 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 - 13 Decision on Rezoning Case 16 - 13 Case 16 - 13 Petition to rezone a 106 acre tract located at 3535 Black Creek Road near the intersection with Sedgewood Road in Elevation Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 15H09012 Owner Edison Klebs Applicant Edison Klebs Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 13 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 13 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 15H09012 located at 3535 Black Creek Road as shown on the attached Exhibit A , from Agricultural Residential AR 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 Page296 July 5 , 2016 – 6 00 pm Continued a The amendment is consistent with Goal 2C Mitigate incompatible uses ; Goal 3A Promote business expansion and developments ; and Goal 5A Protect existing neighborhoods with buffers 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public th Adopted this the 5 day of July , 2016 Commissioner DeVan Barbour moved the Board approve Rezoning Case 16 - 13 to rezone a 106 acre tract located at 3535 Black Creek Road near the intersection with Sedgewood Road in Elevation Township from Agricultural Residential to General Business - Special Use District Commissioner Chad M Stewart seconded the motion which carried unanimously The Chairman opened the Special Use Hearing for Case 16 - 13 Case 16 - 13 To allow for a single - family residence with home office for septic tank cleaning business , parking and servicing trucks , and parking for employees Owner Edison Klebs Applicant Edison Klebs Those wishing to speak on Special Use Case 16 - 13 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 single - family residence with home office for septic tank cleaning business , parking and servicing trucks , and parking for employees 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 - 13 on April 1 , 2016 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On May 17 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 13 and made the following recommendations Upon a motion by Mr Stewart to approve Rezoning Case 16 - 13 , seconded by Mr Creech , with a unanimous vote of 9 - 0 , Case 16 - 13 was approved at the May 17th , 2016 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Case 16 - 13 by removing # 5 and changing # 7 to read Monday - Sunday 6am - 8pm , seconded by Mr Caldwell , with Mr Summerlin , Mr Creech , Mr Massengill and Mr Stewart voting against , the Special Use Conditions for Case 16 - 13 was approved with a 5 - 4 vote at the May 17th , 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 proposed business will only operate during normal business hours and mostly takes place off site On - site business is limited to administration , parking and servicing of vehicles The proposed use does not produce unnecessary noise or pollution which could affect the health and safety of neighboring properties This business has and will continue to provide a needed sanitation service to Johnston County There are also extensive natural buffers between residential properties in the area 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 No site development or construction is necessary for operation of the proposed business The business use is non - retail so there will be no increase in traffic if the proposed use is approved Currently zoned AR so trucks of similar size and other heavy equipment are already allowed in the area for farming operations Page297 July 5 , 2016 – 6 00 pm Continued 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Contiguous properties are owned by the applicant and together account for a total of around 28 acres As the applicant is the owner of the subject property and the contiguous property there is no reduction in value which will affect other properties Applicant’s business has and will continue to provide a necessary service to the public of Johnston County Applicant’s business will be located on his own property and has extensive natural buffers to other property owners 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 County Ordinance Sec 14 - 251 2 d provides that a special use can be approved when it “ provides for an efficient use of land and arrangement of land uses , buildings , circulation systems , and utilities ” Approval of the proposed use in this case maintains a business which has operated in Johnston County for 16 years Said use will not create any traffic burden on that area and will not require any change in the current utilities being provided Specific business use can be limited Staff Johnston County Land Development code Sec 14 - 251 reads as follows “ It is the intent of this article to recognize and permit certain uses and developments that require special review , and to provide standards by which applications for permits for such uses and developments shall be evaluated It is further intended that special use permits be required for the following types of developments 1 Special uses that , because of their inherent nature , extent , and external effects , require special care in the control of their location , design , and methods of operation in order to ensure protection of the public health , safety , and welfare 2 Planned developments that require special review in order to provide the regulatory flexibility and performance criteria necessary to permit a creative approach to the development of land that will a Accomplish a more desirable environment than would be possible through the strict application of the generally applicable requirements of this article ; b Provide for an efficient use of land and arrangement of land uses , buildings , circulation systems , and utilities ; c Promote an improved level of amenities ; and d Provide an environment of stable character in harmony with surrounding areas All uses established in special use districts ” Specific Land Uses APPLICANT To allow for a single family residence with home office for septic tank cleaning business , parking and servicing for trucks , and parking for employees The following are Special Use Conditions for the board to consider , should it find that the request is consistent with the Comprehensive Land Use Plan , reasonable , in the public interest , and that the required findings of fact are met Special Use Conditions 1 Permitted Uses To allow for a single family residence with home office for septic tank cleaning business , parking and servicing for trucks , and parking for employees The Special Use Permit shall expire with the violation of any Special Use Condition 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all rezoning boundaries 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36 sq ft 7 Hours of commercial operation shall be limited to Monday – Saturday Sunday 6 00am - 8 00pm 8 Shall be limited to the outdoor storage of 6 vehicles equipment ; all storage shall be enclosed by an opaque fence or sufficiently screened with dense vegetative screening 9 Must properly contain and dispose of all petroleums , oils , and lubricants 10 All vehicles and equipment must be placed within designated parking areas 11 NCDOT driveway permit will be required for access Changes in bold recommended by Planning Board Mr Gray listed and reviewed the special use conditions with the Board Mr Gray noted the Planning Board recommended removal of condition # 5 regarding the Class B buffer because the applicant owns all the surrounding property At the inquiry of Commissioner Ted G Godwin , Mr Gray explained the Planning Board felt that regarding the property line along the roadway , an opaque fence would be sufficient for buffering from the roadway Attorney Chip Hewett , 768 Pondfield Road , Princeton , representing Applicant Edison Klebs , explained that Mr Klebs does not normally operate on the weekends , but hours were added to the conditions to account for emergency calls Mr Hewett asked the Board to review the requirement for the opaque fence stating that Mr Klebs would only be parking six trucks on site , he is already close to a farming operation that has similar type equipment trucks , and he would only be screening the use from himself Mr Hewett stated the site is surrounded by additional farmland and there are already some trees obscuring the subject area Mr Hewett pointed out thePagePage pageNumber5298 July 5 , 2016 – 6 00 pm Continued location of where the trucks would be parked on the aerial photograph for the Board noting their location , the existing trees , and the surrounding property Mr Hewett asked the Board to remove the opaque fence requirement Commissioner Chad M Stewart stated there was some confusion regarding the opaque fence requirement at the Planning Board Meeting and after the meeting , members of the Planning Board asked him to convey to the Commissioners that it was not a big issue In response to questions from Commissioner Jeffrey P Carver , Mr Hewett stated there is no traffic and the employees would arrive in the morning and immediately leave for work off site on the trucks He stated the trucks would mainly be parked overnight 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 Cookie Pope stated she would have no problems with removing the requirement for an opaque fence Commissioner Allen L Mims , Jr stated the issue is that the use is located right along the road and usually the Board requires outdoor storage to be enclosed Commissioner Mims commented that the adjacent property could be developed at some point in the future Commissioner Ted G Godwin suggested substituting the opaque fence for a Class B buffer at least along the roadway Commissioner Mims agreed that there needs to be something for the roadway section at least Chairman Tony Braswell stated in order to remain consistent with other cases , he thinks there should be some sort of buffering along the road The Board discussed options for a landscaping buffer in lieu of an opaque fence to address visual concerns Applicant Edison Klebs , 3535 Black Creek Road , Four Oaks , reviewed the aerial photograph with the Board while discussing buffering options Commissioner Mims stated buffering would help the situation , noting that someone did complain regarding the use Mr Gray stated the Board could consider requiring nine shrubs to be planted every 100 lf noting it would not necessarily be a screen , but would provide some type of visual break There being no further comments , the Chairman recessed the Special Use Hearing for Case 16 - 13 Decision on Special Use Case 16 - 13 Case 16 - 13 To allow for a single - family residence with home office for septic tank cleaning business , parking and servicing trucks , and parking for employees Owner Edison Klebs Applicant Edison Klebs Based on the findings of facts and revised special use conditions regarding buffering as listed below , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 13 to allow for a single - family residence with home office for septic tank cleaning business , parking and servicing trucks , and parking for employees on a 106 acre tract located at 3535 Black Creek Road near the intersection with Sedgewood Road in Elevation Township Commissioner Chad M Stewart seconded the motion which carried by unanimous vote PagePage pageNumber6299 July 5 , 2016 – 6 00 pm Continued 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 business will only operate during normal business hours and mostly takes place off site On - site business is limited to administration , parking and servicing of vehicles The proposed use does not produce unnecessary noise or pollution which could affect the health and safety of neighboring properties This business has and will continue to provide a needed sanitation service to Johnston County There are also extensive natural buffers between residential properties in the area 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 No site development or construction is necessary for operation of the proposed business The business use is non - retail so there will be no increase in traffic if the proposed use is approved Currently zoned AR so trucks of similar size and other heavy equipment are already allowed in the area for farming operations 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 Contiguous properties are owned by the applicant and together account for a total of around 28 acres As the applicant is the owner of the subject property and the contiguous property there is no reduction in value which will affect other properties Applicant’s business has and will continue to provide a necessary service to the public of Johnston County Applicant’s business will be located on his own property and has extensive natural buffers to other property owners 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 County Ordinance Sec 14 - 251 2 d provides that a special use can be approved when it “ provides for an efficient use of land and arrangement of land uses , buildings , circulation systems , and utilities ” Approval of the proposed use in this case maintains a business which has operated in Johnston County for 16 years Said use will not create any traffic burden on that area and will not require any change in the current utilities being provided Specific business use can be limited Staff Johnston County Land Development code Sec 14 - 251 reads as follows “ It is the intent of this article to recognize and permit certain uses and developments that require special review , and to provide standards by which applications for permits for such uses and developments shall be evaluated It is further intended that special use permits be required for the following types of developments 1 Special uses that , because of their inherent nature , extent , and external effects , require special care in the control of their location , design , and methods of operation in order to ensure protection of the public health , safety , and welfare 2 Planned developments that require special review in order to provide the regulatory flexibility and performance criteria necessary to permit a creative approach to the development of land that will a Accomplish a more desirable environment than would be possible through the strict application of the generally applicable requirements of this article ; b Provide for an efficient use of land and arrangement of land uses , buildings , circulation systems , and utilities ; c Promote an improved level of amenities ; and d Provide an environment of stable character in harmony with surrounding areas All uses established in special use districts ” Specific Land Uses APPLICANT To allow for a single family residence with home office for septic tank cleaning business , parking and servicing for trucks , and parking for employees Special Use Conditions 1 Permitted Uses To allow for a single family residence with home office for septic tank cleaning business , parking and servicing for trucks , and parking for employees The Special Use Permit shall expire with the violation of any Special Use Condition 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 nine shrubs every 100 lf along Sedgewood Road adjacent to the parking lot and the southeast boundary of the parking lot 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36 sq ft 7 Hours of commercial operation shall be limited to Monday – Sunday 6 00am - 8 00pm 8 Shall be limited to the outdoor storage of 6 vehicles equipment 9 Must properly contain and dispose of all petroleums , oils , and lubricants 10 All vehicles and equipment must be placed within designated parking areas 11 NCDOT driveway permit will be required for access The Chairman reopened the Rezoning Hearing for Case 16 - 14 Case 16 - 14 A petition to rezone 595 acres out of two tracts totaling 894 acres located on NC Hwy 50 N near the intersection with NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04058BPagePage pageNumber7300 July 5 , 2016 – 6 00 pm Continued and 13D04058D Owner James Thurman McLamb Rev Trust and Crossroads Self Storage LLC Applicant John Nunziato Planning Director Berry Gray stated the petition is to rezone 595 acres out of two tracts totaling 894 acres located on NC Hwy 50 N near the intersection with NC Hwy 210 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for self - storage , outdoor storage , and all uses in the General Business District in areas marked future development The existing use is zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural , residential , and religious purposes ; Community Business and used for a gas station and pharmacy ; General Business and used for a gas station and vacant ; and Office and Institutional and presently vacant This 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 located within a “ Community Centers ” Commercial activity node John Till , Talondale Court , Knightdale , Stewart & Proctor Engineering , representing Applicant John Nunziato , addressed the Board and asked for the rezoning to be approved Mr Till offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the inquiry of Commissioner Ted G Godwin , Mr Gray noted the location of the subject site’s access to the road on the aerial photograph for the Board There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 14 Decision on Rezoning Case 16 - 14 Case 16 - 14 A petition to rezone 595 acres out of two tracts totaling 894 acres located on NC Hwy 50 N near the intersection with NC Hwy 210 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D04058B and 13D04058D Owner James Thurman McLamb Rev Trust and Crossroads Self Storage LLC Applicant John Nunziato Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 14 Commissioner DeVan Barbour seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 14 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 13D04058B and 13D04058D located on NC Hwy 50 N as shown on the attached Exhibit A , from Agricultural Residential AR 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 PagePage pageNumber8301 July 5 , 2016 – 6 00 pm Continued a The amendment is consistent in that it aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan and within the 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 proposed zoning is compatible with surrounding land uses and zoning districts In addition , conditions such as limited hours of operation and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public th Adopted this the 5 day of July , 2016 Commissioner Cookie Pope moved the Board approve Rezoning Case 16 - 14 to rezone 595 acres out of two tracts totaling 894 acres located on NC Hwy 50 N near the intersection with NC Hwy 210 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Commissioner Ted G Godwin seconded the motion which carried unanimously The Chairman reopened the Special Use Hearing for Case 16 - 14 Case 16 - 14 To allow for self - storage , outdoor storage , and all uses in the General Business District in areas marked future development Owner James Thurman McLamb Rev Trust and Crossroads Self Storage LLC Applicant John Nunziato Those wishing to speak on Special Use Case 16 - 14 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 self - storage , outdoor storage , and all uses in the General Business District in areas marked future development 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 - 14 on April 12 , 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 May 17 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 14 and made the following recommendations Upon a motion by Mr Caldwell to approve the Rezoning Petition for Case 16 - 14 , seconded by Ms Hackler , with a unanimous vote of 9 - 0 , Rezoning Case 16 - 14 was approved at the May 17th , 2016 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 16 - 14 , seconded by Ms Hackler , with a unanimous vote of 9 - 0 , the Special Use Conditions for Case 16 - 14 was approved at the May 17th , 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 as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed storage use is located in the rear of the site The site will offer climate control and outdoor storage The site is surrounded by like zoning and uses Growth in the area is demanding the need for this service Security fencing and lighting will ensure safety 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 Site provides landscape buffers , stormwater control and access that meets land development codes 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The property will provide a turn lane for access to minimize the traffic impact Future parcels and uses will utilize this access Uses are compatible with adjacent uses and zoning along Hwy 50 in this area PagePage pageNumber9302 July 5 , 2016 – 6 00 pm Continued 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The close proximity of the site to the Hwy 50 & 210 intersection make this development in line with the commercial and general business of the growing area Specific Land Uses APPLICANT Self - storage facility , outdoor storage , and all uses on future areas Special Use Conditions 1 Permitted Uses Self - storage facility , outdoor storage , and all uses in the General Business District in the future development areas 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class A 1 large trees , 2 small trees , and 6 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 5 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be required along rezoning boundary adjacent to the Church of the First Born property 6 Storage yard shall be fenced , required buffering shall be on the outside of the fencing 7 Outdoor storage shall be contained within an 8 ’ opaque fence 8 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 9 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 11 A left and right turn lane will be installed as required by NCDOT 12 Areas marked future development will submit detailed site plans for Planning staff review prior to development 13 All development in future area will access on driveway , no other driveways will be permitted on NC 50 14 Mini - Storage Hours of operation 24 hours a day 7 days a week with key code access to security gate Mr Gray listed and reviewed the special use conditions with the Board John Till , Talondale Court , Knightdale , Stewart & Proctor Engineering , representing Applicant John Nunziato , stated the applicant is more than willing to comply with the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 16 - 14 Decision on Special Use Case 16 - 14 Case 16 - 14 To allow for self - storage , outdoor storage , and all uses in the General Business District in areas marked future development Owner James Thurman McLamb Rev Trust and Crossroads Self Storage LLC Applicant John Nunziato Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 14 to allow for self - storage , outdoor storage , and all uses in the General Business District in areas marked future development on 595 acres out of two tracts totaling 894 acres located on NC Hwy 50 N near the intersection with NC Hwy 210 in Pleasant Grove 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 as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed storage use is located in the rear of the site The site will offer climate control and outdoor storage The site is surrounded by like zoning and uses Growth in the area is demanding the need for this service Security fencing and lighting will ensure safety 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 Site provides landscape buffers , stormwater control and access that meets land development codes 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 ;Page0303 July 5 , 2016 – 6 00 pm Continued Applicant The property will provide a turn lane for access to minimize the traffic impact Future parcels and uses will utilize this access Uses are compatible with adjacent uses and zoning along Hwy 50 in this area 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 close proximity of the site to the Hwy 50 & 210 intersection make this development in line with the commercial and general business of the growing area Specific Land Uses APPLICANT Self - storage facility , outdoor storage , and all uses on future areas Special Use Conditions 1 Permitted Uses Self - storage facility , outdoor storage , and all uses in the General Business District in the future development areas 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class A 1 large trees , 2 small trees , and 6 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 5 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be required along rezoning boundary adjacent to the Church of the First Born property 6 Storage yard shall be fenced , required buffering shall be on the outside of the fencing 7 Outdoor storage shall be contained within an 8 ’ opaque fence 8 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 9 All buildings and or structures if any must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 10 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 11 A left and right turn lane will be installed as required by NCDOT 12 Areas marked future development will submit detailed site plans for Planning staff review prior to development 13 All development in future area will access on driveway , no other driveways will be permitted on NC 50 14 Mini - Storage Hours of operation 24 hours a day 7 days a week with key code access to security gate The Chairman reopened the Rezoning Hearing for Case 16 - 15 Case 16 - 15 Petition to rezone a 23 acre tract located at the intersection of NC Highway 96 North and Lake Wendell Road SR 1716 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16L03046J Owner Lloyd R Murphy Applicant Bartlett Engineering & Surveying Robert Bartlett Planning Director Berry Gray stated the petition is to rezone a 23 acre tract located at the intersection of NC Highway 96 North and Lake Wendell Road in Wilders Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for commercial retail The existing use is zoned Agricultural Residential and currently vacant The surrounding land uses are zoned Agricultural Residential and used for agricultural , residential , and educational purposes ; General Business – Special Use District and currently vacant ; and Agricultural Residential – Special Use District for a wireless telecommunication tower This area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Robert Bartlett speaking for Applicant Bartlett Engineering & Surveying of Wilson , representing Owner Lloyd Murphy , addressed the Board and offered to answer any questions about the rezoning request Mr Bartlett stated the proposed use would be retail Kathleen Ruey , 29 Sunbury Court , Zebulon , spoke in opposition and stated she lives in the neighborhood that is near the subject area and her daughter attends the nearby school Ms Ruey stated traffic is already an issue at times near the school and a commercial use would add to that problem Ms Ruey stated she is also concerned about impacts to property values Ms Ruey submitted for the record aerial maps of previously zoned commercial properties which she stated did not have residential areas close to the sites Ms Ruey also submitted for the record a petition in opposition to the rezoning Chairman Tony Braswell asked if the people that signed the petition live in the area Ms Ruey stated the people on the petition either live in the area or work at the nearby school Karen Blackman , 14 Sunbury Court , Zebulon , stated she lives in the neighborhood adjacent to the subject site and just closed on her house in October with the knowledge that she believed other houses would be built around her Ms Blackman stated she has a son that attends the school and felt she could walk him there each day Ms Blackman reported there is a lot of activity before and after school in the area and she is concerned aboutPage1304 July 5 , 2016 – 6 00 pm Continued children that may be crossing the road Ms Blackman stated she is also concerned about property values and is opposed to the rezoning Commissioner Chad M Stewart stated all that is known is that the use is proposed for retail and he asked if there is a chance that the retail could be an asset to the residents in some way Ms Blackman stated she does not feel any retail business that located on the site would benefit her Ms Blackman stated she enjoys convenience , but if she has to drive ten minutes to get to something she needs then she is fine with that Whitney O’Toole , 13 Sunbury Court , Zebulon , stated she is opposed to the rezoning request Ms O’Toole reported she purchased her property because there was no expected retail stating the property is not currently zoned for that use Ms O’Toole referenced another property nearby that is already zoned for commercial and not in the backyard of their neighborhood that could be more suitable Ms O’Toole stated she does not see any retail business that could locate on the subject site as being a benefit to her Ms O’Toole noted the houses are brand new construction and the cul - de - sac backs up to the subject site Ms O’Toole asked the Board to consider the feelings of the residents Commissioner Stewart asked Ms O’Toole what she felt would be an appropriate use for the subject site Ms O’Toole stated townhomes would be a better use or anything that is allowed under the current zoning of Agricultural Residential Ms O’Toole also suggested various agricultural crop uses Chairman Braswell asked if the owner or applicant held a community meeting with the residents regarding the request Ms O’Toole stated a community meeting was not held Mr Bartlett readdressed the Board and stated he sympathizes with the property owners and the “ not in my backyard ” feelings ; however , he stated because of Hwy 96 and Hwy 231 , traffic will continue to grow in the area Ms Bartlett stated the Department of Transportation has reviewed the preliminary plans and if there are any concerns with the driveway , the Department of Transportation would look at those to make sure traffic can be safely handled Mr Bartlett stated the property nearby that is already zoned commercial was evaluated for the proposed use ; however , there were things with that property that would not allow the use to locate there Mr Bartlett stated if he were a homeowner in the area then he would say it is unfortunate if they did not know the proposed use could locate to the subject site before they purchased their home , but things change and not everyone can look ahead at what could go on the property Mr Bartlett stated if the original property owner intended for it to be residential then he feels it would have been included in the initial residential development Mr Bartlett noted the lots directly behind the subject site are unbuildable and serve as offsite septic lots for houses within the subdivision He stated there would only be two residential lots that would back up to the subject site Commissioner Allen L Mims , Jr asked Mr Bartlett what retail use is the property being considered for Mr Bartlett stated he is limited as to what he can say about the proposed retail use , but he can say that is it not a convenience store and there would be no gas sales Commissioner DeVan Barbour stated it is difficult to rezone property when the Board does not know the specific use Chairman Braswell asked how could the Board and the neighbors know if the proposed use is something that is needed by the community Ms Blackman readdressed the Board and stated she used to work with the Highway Patrol and the Department of Transportation and with all due respect , traffic safety is not always guaranteed just because the Department of Transportation approves the project Ms O’Toole readdressed the Board and stated there is retail within five miles of the subject site so there is no need for commercial in the area There being no further public comments , the Chairman closed the public comment portion of the hearing Page2305 July 5 , 2016 – 6 00 pm Continued 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 Commissioner Jeffrey P Carver asked about the piece of property located diagonally across from the subject site Commissioner Carver also asked about the lots directly behind the subject site Mr Gray reported the property located diagonally across from the subject site was rezoned several years ago to General Business – Special Use District with no identified use and had two years to come back with a specified use for approval or the zoning would expire Mr Gray stated the owner of that property has come back once before and requested an extension but to his knowledge , they are still trying to find a use Mr Gray reported the lots directly behind the subject site are offsite septic lots and cannot be developed At the inquiry of Commissioner Cookie Pope , Mr Gray stated the two lots adjacent to the subject site can be developed He reported one has already been purchased and is planned for building There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 15 Commissioner DeVan Barbour stated he does not believe the request is compatible with the surrounding area Commissioner Jeffrey P Carver agreed with Commissioner Barbour County Attorney Jennifer Slusser advised the Board that in their decision they would need to state whether or not the request is consistent with the Land Use Plan and whether or not it is reasonable and in the public interest Commissioner Barbour stated he does not believe it is consistent with the Land Use Plan ; however , it is difficult to say if the use is in the public interest when the Board does not know exactly what that use will be Commissioner Ted G Godwin stated he generally believes that an owner should be able to do what he wants to with his own land within reason ; however , because of the zoning already in place there are people there that bought houses believing the neighborhood would be what it already is Commissioner Chad M Stewart stated he is struggling with the fact that the subject site was not a part of the residential development and one must assume it would be developed into something at some point Chairman Tony Braswell commented there is speculation on both parts , but if a business is proposed for the area then at least the residents should be consulted upfront to determine how the situation could work for everyone Decision on Rezoning Case 16 - 15 Case 16 - 15 Petition to rezone a 23 acre tract located at the intersection of NC Highway 96 North and Lake Wendell Road SR 1716 in Wilders Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 16L03046J Owner Lloyd R Murphy Applicant Bartlett Engineering & Surveying Robert Bartlett Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 15 that the use is not consistent with the Comprehensive Land Use Plan in that it fails Goal No 5 and it is not reasonable and not in the public interest Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 15 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 16L03046J located at the intersection of NC Highway 96 North and Lake Wendell Road as shown on the attached Exhibit A , from Agricultural Residential AR to General Business Special Use District GB SUD Page3306 July 5 , 2016 – 6 00 pm Continued 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 not consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment not 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 not consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is not consistent with the Comprehensive Land Use Plan Goal 5 in that it does not protect existing neighborhoods 2 This Board finds and determines that it is not reasonable and not in the public interest to adopt the proposed amendment because a The proposed use would not be compatible with neighboring residential properties th Adopted this the 5 day of July , 2016 Note See Item No 3 – Manager Comment for additional action on Case 16 - 15 The Chairman reopened the Rezoning Hearing for Case 16 - 16 Case 16 - 16 Petition to rezone 299 acres out of a 95 acre tract located at 10144 Cleveland Road SR 1010 in Cleveland Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 06E02014D Owner Williams 2006 Family Limited Partnership Applicant Vertical Bridge Development II , LLC Planning Director Berry Gray stated the petition is to rezone 299 acres out of a 95 acre tract located at 10144 Cleveland Road in Cleveland Township from Agricultural Residential to Agricultural Residential – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a 180 ’ monopole tower and supporting equipment facility The existing use is zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural , residential , and educational purposes ; Planned Unit Development for a residential planned development ; and General Business for a produce stand This 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 located within a “ Community Centers ” Commercial activity node Mr Gray stated because the site is located within a Primary Growth Area , the County’s wireless communications ordinance states that an applicant can request up to a 199 ’ tower , which the applicant is within that limit Mr Gray reported technical specifications for the tower were submitted and have been included in the agenda packet as well as reviewed by the County’s cell tower consultant , City Scape , for consistency Mr Gray stated the site is approximately 400 ’ off of the Cleveland Road right - of - way so it is set back quite a bit off the road Attorney Karen Kemerait with Smith , Moore , Leatherwood , LLC , of Raleigh , representing Applicant Vertical Bridge Development II , LLC , addressed the Board Ms Kemerait introduced Property Owner Peggy Williams and North Carolina Certified Real Estate Appraiser Tom Hester in the audience Ms Kemerait stated the rezoning and special use request is to construct a 180 ’ monopole tower with a 5 ’ lightening rod for a total of 185 ’ in height on the Williams Property Ms Kemerait noted as referenced by the Planning Director , in a Primary Growth Area , a tower of up to 199 ’ is allowed on the subject site ; however , they are only requesting a 180 ’ tower because that height is sufficient to provide coverage in the area Ms Kemerait stated Vertical Bridge Development will construct and own the tower and will lease space to Verizon who will be the first carrier to locate antennas on the tower She stated there will be room for Verizon and five additional carriers as is required by the County’s ordinance Mr Kemerait stated they have received a determination from the Federal Aviation Administration that lighting is not required She stated there has been no opposition to the application and they received a unanimous recommendation for approval from the Planning Board Ms Kemerait referenced the application in the agenda packet and stated the Williams Property is a 95 acre site and Agricultural Residential allows for towers to be permitted as a special use The rezoning area will be 299 acres within the 95 acres Ms Kemerait stated the subject site was chosen specifically to be located within thePage4307 July 5 , 2016 – 6 00 pm Continued heavily wooded area of the larger parcel to be the least visually intrusive She reported that propagation studies were included in the application which show that once the tower is constructed there will be excellent coverage in the area which is needed for the growing area Ms Kemerait spoke on the distance of the subject site from the surrounding properties and referenced hierarchy studies as well as balloon tests that were conducted and included in the application She noted that 150 notification letters were sent out for the balloon test with no complaints or concerns received Ms Kemerait stated they have met all of the requirements for approval of the cell tower and have shown that the use is located , designed , and proposed to be operated so as to maintain the public health , safety , and general welfare She referenced documentation provided showing that the radio emissions comply with FCC standards and that the tower will not just maintain or promote the public health and safety , but improve the public health and safety by providing access to 911 services Ms Kemerait stated the use complies with all requirements of the County’s ordinance and the monopole tower will be located , designed , and operated so as to maintain the value of contiguous property She reported the tower will not be a nuisance or hazard because it will be an unmanned facility that will produce no noise , odor , or glare and there will be minimal traffic , only about two to four vehicle trips per month for maintenance purposes only Ms Kemerait referenced the Property Impact Report in the agenda packet which concludes that the tower will maintain or enhance the value of contiguous properties Upon a question by Commissioner Ted G Godwin , Ms Kemerait stated the Federal Aviation Administration requires lighting on towers 200 ’ and higher , but there are cases where it can be required for towers below 200 ’ if they are close to an airport Commissioner Allen L Mims , Jr asked about noise from the generator Ms Kemerait stated the generator would only provide power during emergencies and s