August 1, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 336 Meeting of the Johnston County Board of Commissioners August 1 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 1 , 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 A Resolution for the Johnston County 12U All - Stars Softball Team Chairman Tony Braswell called on Commissioner Chad M Stewart for a special recognition of the Johnston County 12U All - Stars Softball Team Commissioner Chad M Stewart read aloud and moved the Board adopt the following resolution recognizing and congratulating the Johnston County 12U All - Stars Softball Team who recently won the 2016 North Carolina Tarheel League 12U State Softball Championship Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION RECOGNIZING THE JOHNSTON COUNTY 12U ALL - STARS SOFTBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the Johnston County 12U All - Stars Softball Team won the 2016 North Carolina Tarheel League 12U State Softball Championship in Wilkes County , North Carolina on July 24 , 2016 ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the Johnston County 12U All - Stars Softball Team on winning the 2016 North Carolina Tarheel League 12U State Softball Championship st Adopted this the 1 day of August , 2016 Commissioner Stewart and the Board of Commissioners presented a framed plaque of the resolution to the team Head Coach Will Blackmon expressed his appreciation to the Board for the recognition and spoke on the team’s success and hard work Mr Blackmon provided the Board with details from the State Championship and how the team came together to win the tournament He thanked everyone involved including the players , coaches , and parents for their support The Team Members then introduced themselves to the audience , as follows Katon Blackmon , Mindy Davis , Lainey Edwards , Tori James , Kylie Lee , Allie Stewart , Morgan Wells , Mattie Wheeless , and Gracie Whittemore not present - Erica Stanley Coaches - Will Blackmon , Marie Blackmon , Stevie Edwards , and Neil Wheeless Each of the Commissioners congratulated and commended the team , coaches , and parents Page337 August 1 , 2016 – 6 00 pm Continued 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – July 20 and 27 , 2016 Certified letters were mailed to adjoining property owners on July 18 , 2016 Notices were posted at the locations on June 2 , 2016 for Cases 16 - 17 , 16 - 18 , and 16 - 20 The Chairman opened the Rezoning Hearing for Case 16 - 17 Case 16 - 17 Petition to rezone 1469 acres out of a 787 acre tract located at 4129 NC 242 S in Banner Township from Agricultural Residential AR to General Business GB Tax ID 01F12050C Owner Galot Racing LLC Applicant Galot Racing LLC Planning Director Berry Gray stated the petition is to rezone 1469 acres out of a 787 acre tract located at 4129 NC 242 S in Banner Township from Agricultural Residential to General Business Mr Gray stated the existing use is zoned Agricultural Residential and currently vacant except for a driveway that serves the existing adjacent drag strip The surrounding land uses are zoned Agricultural Residential for agricultural and residential purposes ; General Business for an automotive racing facility , natural gas company , and hardware store ; Community Business and vacant ; General Business - Special Use District for an automotive towing and recovery business ; and Resort Residential used as a campground associated with the automotive racing facility This area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years and should be considered for rural conservation and agricultural preservation programs Mr Gray stated the applicant would like to put a sign at the road for the drag strip and the rezoning is needed to accommodate the sign At the inquiry of Commissioner Allen L Mims , Jr , Mr Gray confirmed that only a sign would be placed on the property at the access point and no additional buildings are planned Attorney Martha Bordogna with Daughtry , Woodard , Lawrence , and Starling , representing the applicant , addressed the Board Ms Bordogna stated the rezoning is a simple request that will allow for a sign to advertise the automotive racing facility She stated the rezoning is within the consistency statement for the County 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 - 17 Decision on Rezoning Case 16 - 17 Case 16 - 17 Petition to rezone 1469 acres out of a 787 acre tract located at 4129 NC 242 S in Banner Township from Agricultural Residential AR to General Business GB Tax ID 01F12050C Owner Galot Racing LLC Applicant Galot Racing LLC Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 17 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 17 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 01F12050C located at 4129 NC Hwy 242 S as shown on the attached Exhibit A , from Agricultural Residential AR to General Business GB 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 ; andPage338 August 1 , 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 amendment is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a There are compatible zoning districts and uses within 1500 ft and the resulting zoning district will span two roads identified as “ Thoroughfares with adequate design capacity ” in the Comprehensive Transportation Plan st Adopted this the 1 day of August , 2016 Commissioner DeVan Barbour moved the Board approve Rezoning Case 16 - 17 to rezone 1469 acres out of a 787 acre tract located at 4129 NC 242 S in Banner Township from Agricultural Residential to General Business Commissioner Chad M Stewart seconded the motion which carried unanimously The Chairman reopened the Rezoning Hearing for Case 16 - 18 Case 16 - 18 Petition to rezone 2393 acres located on Richardson Rd SR 1728 2 3 of a mile north of its intersection with NC 231 Hwy in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11M03027A Owner Willie Miles Applicant Abraham Sari Planning Director Berry Gray stated the petition is to rezone 2393 acres located on Richardson Road two - thirds of a mile north of its intersection with NC 231 Hwy in O’Neals 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 and attached commercial warehouse The existing use is zoned Agricultural Residential and currently vacant The surrounding land uses are zoned Agricultural Residential and used 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 areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Applicant Abraham Sari , 213 Ryan’s Lane , Clayton , stated he would like to build his home on the property and attach a small warehouse for his business Mr Sari reported he has submitted written consent letters from all his neighbors included in agenda packet and plans to operate as a small business out of his home At the inquiry of Commissioner Ted G Godwin , Mr Sari stated he operates a small hardware business online only and no customers would visit the site 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 Mr Gray stated the use Mr Sari is describing would typically fall under a home occupation ; however , the size of the proposed building necessitated the rezoning There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 18 Decision on Rezoning Case 16 - 18 Case 16 - 18 Petition to rezone 2393 acres located on Richardson Rd SR 1728 2 3 of a mile north of its intersection with NC 231 Hwy in O’Neals Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 11M03027A Owner Willie Miles Applicant Abraham SariPage339 August 1 , 2016 – 6 00 pm Continued Commissioner Allen L Mims , Jr moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 18 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 18 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 11M03027A located on Richardson 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 a The amendment is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The limited use with conditions of approval restricting hours of operation and business intensity and the fact that this use is in conjunction with a residence will help make it more compatible with the residential area st Adopted this the 1 day of August , 2016 Commissioner Allen L Mims , Jr moved the Board approve Rezoning Case 16 - 18 to rezone 2393 acres located on Richardson Road two - thirds of a mile north of its intersection with NC 231 Hwy in O’Neals Township from Agricultural Residential to General Business – Special Use District Commissioner Cookie Pope seconded the motion which carried unanimously The Chairman opened the Special Use Hearing for Case 16 - 18 Case 16 - 18 To allow for a single - family residence and attached commercial warehouse Owner Willie Miles Applicant Abraham Sari Those wishing to speak on Special Use Case 16 - 18 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 and attached commercial warehouse 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 - 18 on May 2 , 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 PagePage pageNumber5340 August 1 , 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 June 21 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 18 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 16 - 18 , seconded by Ms Hackler , with a unanimous vote of 8 - 0 , Case 16 - 18 was approved at the June 21st , 2016 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Case 16 - 18 with the change in # 6 to 8am - 6pm , M - F , seconded by Mr Letchworth , the Special Use Conditions for Case 16 - 18 were approved at the June 21st , 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 Private residence warehouse shall be located minimum 300 feet inland from Richardson Road and built by Accu - Steel Inc of Raleigh Abraham Sari shall reside in the residence and privately operate the warehouse as a home based small business There shall be no employees at the location and no customer traffic to and from the property Private residence warehouse shall enhance the property values of nearby properties and provide tax income to Johnston County 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 Private residence warehouse shall be built according to , and comply with local , county , state , and federal building code and 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 Per the attached site plans , private residence warehouse shall be located on Willie Miles property on Richardson Road and shall be professionally designed and built by Accu - Steel Inc of Raleigh Abraham Sari shall reside in the residence and privately operate the warehouse as a home based small business Private residence warehouse building shall have the appearance of a high quality , two - story home warehouse under one roof This shall enhance the property values of the surrounding properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Private residence warehouse shall conform to general plans for the physical development of the county and resemble nearby existing business Corbett’s Nursery LLC at 4811 N Carolina 231 , Zebulon , NC 27597 with less traffit Specific Land Uses APPLICANT To allow for a single - family residence and attached commercial warehouse Special Use Conditions 1 Permitted Uses Single - family residence and attached commercial warehouse 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 Install a Class B landscape buffer 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet along the zoning boundary and between the existing residence and warehouses , existing natural vegetation may be used if equal or more intense 6 Hours of operation to be 7 00 AM to 9 00 PM seven days a week 8 00 AM to 6 00 PM Monday - Friday 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 8 All outdoor storage must be enclosed by a 6 ’ tall opaque fence 9 All outdoor lighting shall be dark sky and engineered so as not to shine on adjacent properties Changes made by the Planning Board are denoted in bold and strikethrough Mr Gray listed and reviewed the special use conditions with the Board Commissioner Allen L Mims , Jr noted the use would be set back within the property and questioned the hours of operation stating if the applicant has no employees or customers visiting the site then should weekend hours be included in the case of deliveries over a weekend Mr Gray stated at the Planning Board meeting , the Planning Board discussed the hours of operation and the applicant reported then that he would not have any deliveries during the weekends Applicant Abraham Sari , 213 Ryan’s Lane , Clayton , confirmed that he agreed with the special use conditions as proposed PagePage pageNumber6341 August 1 , 2016 – 6 00 pm Continued At the inquiry of Chairman Tony Braswell , Mr Sari stated he did not wish to change any of the conditions as they are currently 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 Mr Gray stated the applicant’s current location is within the Town of Clayton’s ETJ ; however , it used to be within the County’s jurisdiction He continued that when the use was within the County’s jurisdiction , staff did receive complaints regarding traffic and deliveries which is another reason why hours of operation were recommended There being no further comments , the Chairman recessed the Special Use Hearing for Case 16 - 18 Decision on Special Use Case 16 - 18 Case 16 - 18 To allow for a single - family residence and attached commercial warehouse Owner Willie Miles Applicant Abraham Sari 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 - 18 to allow for a single - family residence and attached commercial warehouse on 2393 acres located on Richardson Road 2 3 of a mile north of its intersection with NC 231 Hwy in O’Neals Township Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Private residence warehouse shall be located minimum 300 feet inland from Richardson Road and built by Accu - Steel Inc of Raleigh Abraham Sari shall reside in the residence and privately operate the warehouse as a home based small business There shall be no employees at the location and no customer traffic to and from the property Private residence warehouse shall enhance the property values of nearby properties and provide tax income to Johnston County 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 Private residence warehouse shall be built according to , and comply with local , county , state , and federal building code and 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 Per the attached site plans , private residence warehouse shall be located on Willie Miles property on Richardson Road and shall be professionally designed and built by Accu - Steel Inc of Raleigh Abraham Sari shall reside in the residence and privately operate the warehouse as a home based small business Private residence warehouse building shall have the appearance of a high quality , two - story home warehouse under one roof This shall enhance the property values of the surrounding properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Private residence warehouse shall conform to general plans for the physical development of the county and resemble nearby existing business Corbett’s Nursery LLC at 4811 N Carolina 231 , Zebulon , NC 27597 with less traffit Specific Land Uses APPLICANT To allow for a single - family residence and attached commercial warehouse Special Use Conditions 1 Permitted Uses Single - family residence and attached commercial warehouse 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 Install a Class B landscape buffer 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet along the zoning boundary and between the existing residence and warehouses , existing natural vegetation may be used if equal or more intense 6 Hours of operation to be 8 00 AM to 6 00 PM Monday - Friday 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 8 All outdoor storage must be enclosed by a 6 ’ tall opaque fence 9 All outdoor lighting shall be dark sky and engineered so as not to shine on adjacent properties PagePage pageNumber7342 August 1 , 2016 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 16 - 20 Case 16 - 20 Petition to rezone 8 acres out of a 50 - acre tract located at 104 Wilder Road SR 2103 in O’Neals Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 11N01019 Owner Wake Electric Membership Corp Applicant Kelly Fritz Planning Director Berry Gray stated the petition is to rezone 8 acres out of a 50 - acre tract located at 104 Wilder Road in O’Neals 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 300 ’ lattice tower for meter and dispatch communications The existing use is zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; and Agricultural Residential – Special Use District for an electrical substation 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 additionally , based on the Land Use Plan , this area would allow for a 250 ’ maximum tower The request is for 300 ’ and the applicant did appear before the Board of Adjustment to request a variance which was granted for the additional 50 ’ Applicant Kelly Fritz of Wake Electric Membership Corp read the following prepared statement Wake Electric would like to thank the Board for giving us this opportunity to formally present our request for a new business operation tower Wake Electric is in the process of upgrading its aging communication infrastructure to better serve its membership We currently lease tower space near Middlesex in Nash County for our southern dispatch repeater and metering communications ; however , Wake Electric does not provide power to this site so there is no control over the restoration during power outages And the conditions of the control building is not up to our standards Recent storm outages at the Middlesex tower triggered the back - up generator to run but since we did not receive a power failure alert from the meter the generator ran out of fuel without any notification from the tower owner After doing research and studies , it was determined that the proposed site on Wilder Road is an ideal geographic location for communication coverage to our southern territory and the property has large natural buffers to help screen the tower and the compound This new location is also better suited for communication to all of the 2,500 meters in Johnston County And since Wake Electric would provide power to the site it will have better reliability and resiliency , an improved control building with power contingencies and near real - time power outage notifications Finally , in keeping with our cooperative principle of “ Community Concern ” we have designed this tower to accommodate free antenna space for an emergency service provider from Johnston County Wake Electric is offering very similar antenna space to Franklin County on the new tower in Youngsville We appreciate your time and consideration Commissioner Allen L Mims , Jr asked why the tower needs to be 300 ’ Mr Fritz stated in their studies , the extra 50 ’ was needed in order to get point to point communication from the new Youngsville tower Upon a question by Commissioner Ted G Godwin , Mr Fritz stated the tower and guy wires would be individually fenced At the inquiry of County Manager Rick Hester , Mr Fritz stated they have not contacted Johnston County 911 regarding emergency communications , but would welcome those discussions Mr Fritz confirmed that Johnston County would be a free tenant on the tower 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 PagePage pageNumber8343 August 1 , 2016 – 6 00 pm Continued There being no further comments , the Chairman closed the Rezoning Hearing for Case 16 - 20 Decision on Rezoning Case 16 - 20 Case 16 - 20 Petition to rezone 8 acres out of a 50 - acre tract located at 104 Wilder Road SR 2103 in O’Neals Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 11N01019 Owner Wake Electric Membership Corp Applicant Kelly Fritz Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 20 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 20 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 11N01019 located at 104 Wilder Road 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 The amendment is consistent with the Comprehensive Land Use Plan in that utility and public works facilities are permitted in a Special Use District in the Agricultural - Residential District 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 st Adopted this the 1 day of August , 2016 Commissioner Chad M Stewart moved the Board approve Rezoning Case 16 - 20 to rezone 8 acres out of a 50 - acre tract located at 104 Wilder Road in O’Neals Township from Agricultural Residential to Agricultural Residential – Special Use District Commissioner Ted G Godwin seconded the motion which carried unanimously The Chairman reopened the Special Use Hearing for Case 16 - 20 Case 16 - 20 To allow for a 300 ’ lattice tower for meter and dispatch communications Owner Wake Electric Membership Corp Applicant Kelly Fritz Those wishing to speak on Special Use Case 16 - 20 were sworn in by the Clerk to the Board PagePage pageNumber9344 August 1 , 2016 – 6 00 pm Continued Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a 300 ’ lattice tower for meter and dispatch communications 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 - 20 on May 2 , 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 June 21 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 20 and made the following recommendations Upon a motion by Mr Smith to approve the Rezoning Petition for Case 16 - 20 , seconded by Ms Hackler , with a unanimous vote of 8 - 0 , Rezoning Case 16 - 20 was approved at the June 21st , 2016 Planning Board Meeting Upon a motion by Mr Massengill to approve the Special Use Conditions for Case 16 - 20 , seconded by Ms Hackler , with a unanimous vote of 8 - 0 , the Special Use Conditions for Case 16 - 20 was approved at the June 21st , 2016 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That 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 Wake Electric is a nonprofit member - owned cooperative in the process of reviewing its long - term communication and reliability strategies Currently , Wake Electric’s radio communication technology is aging and communication is an extremely critical component to providing safe and reliable energy to over 40,000 customers on its system The cooperative is leasing space on a private tower in Nash County outside of its service territory , with limited options for monitoring and providing backup contingencies to this site Wake Electric has determined the proposed tower site on Wilder Road will provide better communication backhaul and improve reliability The new tower will be responsible for direct communication to the meters of over 2,500 homes and small businesses around the O’Neals Township of Johnston and will be the new vital link for operational communications 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 Wake Electric is working closely with Johnston County , CityScape Consultants and Utilis a certified professional engineering firm to ensure all ordinances , laws and regulations are met during the planning , design and construction phases of the proposed tower project 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 tower site will be positioned near the center of Wake Electric’s 50 acre tract of land on Wilder th Road SR 2103 1 10 of a mile east of its intersection with NC 39 Hwy This location will maximize the natural buffers of the site and help limit the impact on adjacent properties The proposed tower location is also set far from public roads or adjacent properties for increased public safety Additionally , there is a 100 ’ wide transmission easement that bisects the property and there are plans for a new substation near the tower site So , this 50 acre parcel will be very critical in Wake Electric’s ability to safely and successfully serve the people of O’Neals Township and the surrounding 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 Wake Electric is investing significant capital dollars in Johnston County for increased reliability in preparation for a demand increase as the population continues to grow and develop according to the plans and policies set forth by the Johnston County Board of Commissioners This investment will improve the infrastructure necessary to meet the needs of the nearly 2,500 homes and small businesses Wake Electric serves in Johnston County and will directly impact several thousand more members of Northeast Wake County This improvement will also help support future project and developments coming to Johnston County Specific Land Uses APPLICANT To allow for a 300 ’ lattice tower for meter and dispatch communicationsPage0345 August 1 , 2016 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses 300 ’ lattice tower for meter and dispatch communications 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 Applicant shall provide the necessary documentation of the National Environmental Preservation Act NEPA and the State Historic Preservation Office SHPO 7 Applicant shall confirm the tower will utilize dual lighting consisting of medium intensity white strobe lights during daytime and red lights during nighttime ; intensity and duration shall meet applicable FAA requirements 8 Applicant shall provide , at time of permit , a structural analysis sealed by a North Carolina engineer that the proposed tower will meet the ANSI TIA - 222G class III standards 9 Applicant shall provide FAA Determination of No Hazard to Air Traffic 10 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 Applicant Kelly Fritz of Wake Electric Membership Corp stated they agreed 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 closed the Special Use Hearing for Case 16 - 20 Decision on Special Use Case 16 - 20 Case 16 - 20 To allow for a 300 ’ lattice tower for meter and dispatch communications Owner Wake Electric Membership Corp Applicant Kelly Fritz Based on the findings of facts and special use conditions as listed below , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 20 to allow for a 300 ’ lattice tower for meter and dispatch communications on 8 acres out of a 50 - acre tract located at 104 Wilder Road in O’Neals Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That 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 Wake Electric is a nonprofit member - owned cooperative in the process of reviewing its long - term communication and reliability strategies Currently , Wake Electric’s radio communication technology is aging and communication is an extremely critical component to providing safe and reliable energy to over 40,000 customers on its system The cooperative is leasing space on a private tower in Nash County outside of its service territory , with limited options for monitoring and providing backup contingencies to this site Wake Electric has determined the proposed tower site on Wilder Road will provide better communication backhaul and improve reliability The new tower will be responsible for direct communication to the meters of over 2,500 homes and small businesses around the O’Neals Township of Johnston and will be the new vital link for operational communications 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 Wake Electric is working closely with Johnston County , CityScape Consultants and Utilis a certified professional engineering firm to ensure all ordinances , laws and regulations are met during the planning , design and construction phases of the proposed tower project 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 tower site will be positioned near the center of Wake Electric’s 50 acre tract of land on Wilder Road th SR 2103 1 10 of a mile east of its intersection with NC 39 Hwy This location will maximize the natural buffers of the site and help limit the impact on adjacent properties The proposed tower location is also set far from public roads or adjacent properties for increased public safety Additionally , there is a 100 ’ wide transmission easement that bisectsPage1346 August 1 , 2016 – 6 00 pm Continued the property and there are plans for a new substation near the tower site So , this 50 acre parcel will be very critical in Wake Electric’s ability to safely and successfully serve the people of O’Neals Township and the surrounding 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 Wake Electric is investing significant capital dollars in Johnston County for increased reliability in preparation for a demand increase as the population continues to grow and develop according to the plans and policies set forth by the Johnston County Board of Commissioners This investment will improve the infrastructure necessary to meet the needs of the nearly 2,500 homes and small businesses Wake Electric serves in Johnston County and will directly impact several thousand more members of Northeast Wake County This improvement will also help support future project and developments coming to Johnston County Specific Land Uses APPLICANT To allow for a 300 ’ lattice tower for meter and dispatch communications Special Use Conditions 1 Permitted Uses 300 ’ lattice tower for meter and dispatch communications 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 Applicant shall provide the necessary documentation of the National Environmental Preservation Act NEPA and the State Historic Preservation Office SHPO 7 Applicant shall confirm the tower will utilize dual lighting consisting of medium intensity white strobe lights during daytime and red lights during nighttime ; intensity and duration shall meet applicable FAA requirements 8 Applicant shall provide , at time of permit , a structural analysis sealed by a North Carolina engineer that the proposed tower will meet the ANSI TIA - 222G class III standards 9 Applicant shall provide FAA Determination of No Hazard to Air Traffic 10 The facility shall be constructed so that access is only attainable by qualified personnel 3 Development Ordinance Discussion Planning Director Berry Gray updated the Board on discussions between staff and the Planning Board regarding options to address growth concerns in the higher density areas of the County Mr Gray stated staff is not asking for any formal approvals at this time , but rather just to review some of the options that have been discussed by the Planning Board before any stakeholder meetings and or public hearings are scheduled Mr Gray presented and reviewed the following with the Board 2016 Development Ordinance Options Top Three Options 1 No more PUD high density except in IHI District 2 Subdivisions with sewer maximize 15 units per acre density as Special Use in Sewer Service Area and gravity only no pump stations 3 Ask school district to change district lines especially for those developments proposed on school lines Other Options 4 Permit Allocation System 5 In lieu of # 2 above , no more sewer for AR 15 acre subdivision regardless of Special Use – have to use septic 6 Remove Multifamily 15 acre out of IHI District 7 In lieu of # 1 above , allow PUDs with higher density if it meets standards a Show that schools will be at or below 125 of capacity at time of approval or that a building plan is in place to bring the school at or below 125 within 1 year of approval b Road capacity more difficult hard to determine over capacity but can use c below as alternate c TIA - fail and continue to fail , then deny ; if road improvement or TIP within 5 years , then consider d Limit number of modifications to PUD’s – every 5 years Page2347 August 1 , 2016 – 6 00 pm Continued e Limit PUD location to within Regional Activity Node so as to not have them stretch down Cleveland Road f PUD has to propose maximum numbers and be designed and studied based on those numbers 8 Reduce density from 15 acres in AR to 1 acre Attempted 10 years ago 9 All subdivisions as a Special Use Mr Gray stated the discussions with the Planning Board have been mainly focused on high density developments , specifically what is appropriate and where Mr Gray stated one option the Planning Board has recommended for discussion is possibly restricting Planned Unit Developments to Interstate Highway Interchange Districts versus being spread out in different areas of the County He continued that another option would be to require subdivisions with sewer to be approved as a special use within the Sewer Service Areas and gravity served only Mr Gray stated by requiring a special use , the Board could then consider possible impacts to utilities , traffic , and other related issues Mr Gray explained a third option the Planning Board discussed involved school district boundaries Mr Gray provided the Board with an example of a subdivision known as Cleveland Bluffs that contained 350 lots Mr Gray stated Cleveland Bluffs is within the Cleveland High School District which is significantly over capacity ; however , directly adjacent is the West Johnston High School District which is significantly under capacity Mr Gray stated if staff could work with representatives from Johnston County Schools to perhaps have them adjust the boundary line before the subdivision is constructed , then it would not be redistricting existing students Mr Gray acknowledged that this scenario would not work for every situation , but staff would welcome the opportunity to work with Johnston County Schools and discuss options Upon a question by Commissioner Chad M Stewart , Mr Gray stated there are a few situations that could be looked at with subdivisions where there are no houses built within the subdivision yet ; therefore , no existing students would be affected Commissioner Ted G Godwin commented that as Commissioner Jeffrey P Carver has pointed out before , as a County generally the school system is not overcrowded , just certain isolated areas within the County Chairman Tony Braswell stated the Board has received comments from interested stakeholders regarding some of the options and as he understands , staff would like to work further with the stakeholders and then bring that feedback to the Board before calling for any public hearings Mr Gray agreed that staff will work with the stakeholders and when appropriate , bring back suggestions for the Board to consider and call for public hearings on any ordinance amendments The Board thanked Mr Gray for working on the options and also for beginning the process of getting stakeholders involved 4 Manager Reports and Comments County Manager Rick Hester briefly updated the Board regarding draft capital planning as it relates to planning for a new detention center , future financing and or bond referendums for Johnston County Schools and Johnston Community College projects , as well as courtroom space needs in the courthouse Mr Hester stated he would like for the Board to provide him with feedback and perhaps adopt a working plan within the next 30 to 60 days with the understanding that such a plan would be subject to periodic review and adjustment and would have to be done with consideration of the financial model Mr Hester commended Buildings & Grounds Director Daniel Clifton on his work with the existing space in the courthouse to make room for more court facilities 5 Board Reports and Comments NonePage3348 August 1 , 2016 – 6 00 pm Continued There being no further business , Commissioner Chad M Stewart moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage