October 3, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 396 Meeting of the Johnston County Board of Commissioners October 3 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 3 , 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 Representatives from Cub Scout Pack 33 Den 7 of the Cleveland Community in Johnston County led everyone in the Pledge of Allegiance to the American Flag Those attending included Leader Donald Thomas along with Troop 33 Den Chief Carter Thomas and Den 7 Scouts Alex Hamer , Alex Keen , Cooper Thomas , Karsten Nascimento , and Garrett Andrews Mr Thomas stated the scouts were attending the meeting as part of the " Building a Better Community " badge requirement The Board welcomed the Scouts to the meeting and commended them for their dedication to scouting Announcement for Case 551 MOD - Petition to modify the site plan for a 115 acre tract located at 7382 Old Stage Road in Pleasant Grove Township approximately 1 4 mile from the intersection with NC 210 The request is to relocate the driveway on the site plan to the existing driveway currently in use Tax ID 13C03038D Owner Wendy Gray Gregory Applicant Wendy Gray Gregory Special Use Permit To allow for a kennel Chairman Tony Braswell announced that Case 551 MOD had been withdrawn by the applicant and would not be heard 1 Public Comment A Resolution for the South Johnston 12U All - Stars Baseball Team Chairman Tony Braswell called on Commissioner Chad M Stewart for a special recognition of the South Johnston 12U All - Stars Baseball Team Commissioner Chad M Stewart read aloud and moved the Board adopt the following resolution recognizing and congratulating the South Johnston 12U All - Stars Baseball Team who recently won the 2016 North Carolina Tarheel League 12U State Baseball Championship Commissioner DeVan Barbour seconded the motion which carried by unanimous vote RESOLUTION RECOGNIZING THE SOUTH JOHNSTON 12U ALL - STARS BASEBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the South Johnston 12U All - Stars Baseball Team won the 2016 North Carolina Tarheel League 12U State Baseball Championship in Watauga County , North Carolina on July 31 , 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 South Johnston 12U All - Stars Baseball Team on winning the 2016 North Carolina Tarheel League 12U State Baseball Championship Page397 October 3 , 2016 - 6 00 pm Continued rd Adopted this the 3 day of October , 2016 Commissioner Stewart and the Board of Commissioners presented a framed plaque of the resolution to the team The South Johnston 12U All - Stars Baseball Team is as follows Jaydn McNeill , Cole Howard , Lucas Carpenter , Nicholas Jackson , Parker Wood , Ayden Wood , Dewayne Schneider , Ryan Denning , AJ Byrd , Jimmy Hines , Chase Carroll , Michael Jacobs , and Braxton Ennis with Coaches Chris Carroll , Mike Jacobs , and Raylon Wood B Smithfield Rescue Mission Gary Ridout , Chair of the Smithfield Rescue Mission Board of Directors , and Ben Olsen , Executive Director , addressed the Board and thanked them for the County's support during the Fiscal Year 2016 - 2017 budget adoption Mr Ridout and Mr Olsen provided the Board with a brief update on the Good Neighbor House and thanked the Commissioners for believing in what they do C Selma Civic Center - Request for Assistance Ann Williams , speaking on behalf of the Selma Civic Center Committee , requested the Board to consider allocating funding towards the Selma Civic Center renovation project Ms Williams reported the Town of Selma recently purchased the gym building that was owned by the Selma American Legion Post 141 which was constructed in 1938 She provided the Board with a history of the structure and noted the Town purchased the building but has no funding for the renovations project needed for it to become an operational civic center Ms Williams explained the renovations are projected to be 300,000 and they will be applying for a grant in the amount of 150,000 from USDA but must raise matching funds for the grant Ms Williams reviewed the plans for the building and asked the Commissioners to consider allocating funds to help them raise the matching funds At the inquiry of the Board , Ms Williams stated she would need a pledge of funds sometime before the end of January as they hope to apply for the grant funding in February Ms Williams also asked if the Board were to approve a donation that it be done in memory of the late former County Commissioner Wade M Stewart The Chairman stated the Board would take the request under advisement and discuss again at the November meeting D Update from Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with an update on recent developments , sales , planned projects , and upcoming activities at Flowers Plantation Mr Stephenson stated the th community is planning two upcoming events 1 October 15 - Annual Beer Tasting and Food Truck Rodeo ; and th 2 October 30 - Concert at the Crossroads with the Embers He reported work is continuing on a proposal for pedestrian golf cart crossings , which has been delayed as they are coordinating with the Department of Transportation to incorporate crossings with the future plan of widening Buffalo Road The Board thanked Mr Stephenson for the information 2 Micro Athletic Association - Request for Funding Scotty Johnson and Joey Creech , Representatives from the Micro Athletic Association , addressed the Board Mr Johnson explained the Micro area is now once again home to its own elementary school and with that , the Athletic Association has seen an influx of young athletes He stated the Micro Athletic Association is asking the Board of Commissioners for funding to help with the costs associated with offering sports to the youth Mr Johnson presented a letter to the Board from the Micro Town Council confirming that the Town acknowledges and supports the Athletic Association's efforts to acquire funds to provide year - round sports and activities for the youth of the community Mr Johnson stated they currently charge a 55 registration fee per athlete which does not cover all the costs associated with uniforms , referees , utilities , equipment , and other items to support the programs Mr Johnson reported on the difficulties of holding fundraisers and how it is becoming difficult to provide needed maintenance and upkeep to the facilities with limited funding Mr Johnson also noted they have seen a fluctuation in their electric bills which they have asked the electric company to look into ; however , when therePage398 October 3 , 2016 - 6 00 pm Continued are no funds to cover the bills he has often covered the remaining amount from his own money just to keep the program going Upon a question from Chairman Tony Braswell , Mr Johnson stated the Athletic Association has seen an increase in the youth participation noting that last year they had two basketball teams , but this year they had 13 teams Mr Johnson stated with the new Micro Elementary School they have seen even more interest from parents who want their children to play and the Association does not want to turn anyone away Mr Johnson stated the Athletic Association is responsible for the utilities and the upkeep of the softball and baseball fields behind the new Micro Elementary School former North Johnston Middle School In response to a question from Commissioner Chad M Stewart , Mr Johnson stated the Micro Athletic Association has always been in the community , but is not affiliated with the Town of Micro He stated when the Athletic Association began , the Town did not have the funds to support them Mr Johnson stated the Town has done all they can to help the Athletic Association by allowing them to use meeting space in the Fire Department and other in - kind services , but to date they have not been able to allocate any funding to help them Mr Johnson stated with the new interest in the Athletic Association , they just need a jump - start to help them continue programs until they can hold more fundraisers Commissioner Ted G Godwin commended Mr Johnson , Mr Creech , and all the volunteers with the Athletic Association for their efforts to keep the program going Commissioner Godwin stated he would like to see as much synergy as possible with the school system not only in Micro but everywhere and encourage the public use of those facilities Chairman Braswell stated it sounds to him that if the Athletic Association could get a jump - start then it would help them get through until they could hold more fundraisers Chairman Braswell commended the volunteers with the Athletic Association Commissioner Cookie Pope asked if some of the County's open space funds could be allocated County Manager Rick Hester reported that approximately two years ago , two - thirds of the open space funds were divided and distributed amongst the County's high school districts with the one - third balance remaining as county - wide Mr Hester stated there are some funds left in the county - wide distribution which could possibly be considered Commissioner Jeffrey P Carver suggested looking at the request again in November to allow time to consider where the funds could come from Commissioner Carver also suggested dividing any approved allocation into installments instead of a lump sum , noting it sounds like the Athletic Association has ongoing needs Commissioner Carver asked staff to also look into the non - profit status of the Association to make sure their paperwork is in order and up to date Upon a question by Commissioner Stewart regarding registration fees , Mr Johnson stated they try to keep their registration fees as low as possible because that portion of the County has a lot of low income families Mr Johnson stated many times he has personally paid for children to play when their parents could not Commissioner Stewart agreed on the reasons for keeping the fees as low as possible and commented that in Four Oaks they have often done the same for children that could not afford to play Chairman Braswell stated the Board would work with staff and discuss the matter again at the November meeting Mr Johnson thanked the Board for any consideration to help the Association 3 Public Hearing Rezoning and Special Use Requests Advertised - The Smithfield Herald - September 21 and 28 , 2016 Certified letters were mailed to adjoining property owners on September 19 , 2016 Notices were posted at the locations on May 3 , 2016 for Case 551 MOD and August 2 , 2016 for Cases 12 - 20 MOD ; 16 - 19 ; 16 - 23 ; and 16 - 24 The Chairman opened the Rezoning Hearing for Case 12 - 20 MOD Case 12 - 20 MOD Petition to extend a Special Use Rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned GeneralPage399 October 3 , 2016 - 6 00 pm Continued Business - Special Use District GB - SUD Tax ID 06E02028C Owner Micro Investments , LLC Applicant Micro Investments , LLC Planning Director Berry Gray stated the petition is to extend a special use rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business - Special Use District Mr Gray stated the subject site is currently vacant and was also granted a 24 month extension in 2014 The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and a church ; Community Business - Special Use District and currently used for a day care ; Office & Institutional and currently vacant ; General Business - Special Use District and currently being used for a gas station with car wash , veterinary hospital and one parcel that is currently vacant ; and General Business for a car care store , day care , mini storage , gas station with car wash , and produce nursery sales This area is located within a designated " Primary Growth Area " on the County's Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a " Community Centers " activity node Mr Don Wellons , 2004 W Cumberland Street , Dunn , representing Applicant Micro Investments , LLC , offered to answer any questions and asked the Board to approve the extension 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 12 - 20 MOD Decision on Rezoning Case 12 - 20 MOD Case 12 - 20 MOD Petition to extend a Special Use Rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business - Special Use District GB - SUD Tax ID 06E02028C Owner Micro Investments , LLC Applicant Micro Investments , LLC Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution for Case 12 - 20 MOD Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 12 - 20 MOD 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 06E02028C located on Cleveland Road as shown on the attached Exhibit A , to extend the zoning of General Business - Special Use District GB SUD for an additional two years 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 that it aligns with " Goal 1 Grow in a fiscally efficient , compact manner " found in the Comprehensive Land Use Plan and is within the Community Center Activity Node PagePage pageNumber5400 October 3 , 2016 - 6 00 pm Continued 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 rd Adopted this the 3 day of October , 2016 Commissioner Cookie Pope moved the Board approve Rezoning Case 12 - 20 MOD to extend a special use rezoning with no specified uses for 24 months on a 512 acre tract located on Cleveland Road in Cleveland Township zoned General Business - Special Use District Commissioner Ted G Godwin seconded the motion which carried unanimously The Chairman reopened the Rezoning Hearing for Case 16 - 19 Case 16 - 19 Petition to rezone 349 acres out of a 34 acre tract located at 1201 Country Store Road SR 2312 in Pine Level Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 12N11028E Owner Keith Cring & Lissette Leon Applicant Berkley Group LLC Planning Director Berry Gray stated the petition is to rezone 349 acres out of a 34 acre tract located at 1201 Country Store Road in Pine Level Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray stated the special use associated with the rezoning is to allow for a 195 ' telecommunication tower and supporting equipment facility Mr Gray stated the existing use is zoned Agricultural Residential and used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; Residential Agricultural by the Town of Pine Level and used for agricultural and residential purposes ; and RMH by the Town of Pine Level and used for a mobile home park This area is located within a designated " Primary Growth Area " on the County's Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Gray reported that because the site is located within the Primary Growth Area ; Section 14 - 257 o 10 b item 2 of the ordinance allows a maximum height of 199 ' within this land use plan area for towers and noted the applicant is requesting 195 ' Ms Bonnie Newell , representing Applicant Berkley Group LLC , reported there is a need for wireless infrastructure in this area and this tower would be a connector for towers in Smithfield and Princeton Ms Newell read from the Findings of Fact associated with the Special Use Permit and stated they meet all those findings She offered to answer any questions Mr Gray stated a copy of the applicant's technical specifications were evaluated by the County's technical consultant CityScape Consultants , Inc which found no concerns with the proposed plans Mr Gray stated the County's consultant is available for questions CityScape Consultant , Inc Project and Planning Manager Susan Rabold offered to answer any questions for the Board 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 - 19 Decision on Rezoning Case 16 - 19 Case 16 - 19 Petition to rezone 349 acres out of a 34 acre tract located at 1201 Country Store Road SR 2312 in Pine Level Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 12N11028E Owner Keith Cring & Lissette Leon Applicant Berkley Group LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 19 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 19PagePage pageNumber6401 October 3 , 2016 - 6 00 pm Continued 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 12N11028E located at 1201 Country Store 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 the tower height is allowed in this land use area The request is reasonable and in the public interest in that the use can be limited in scope through the use of special conditions , and the proposed development meets the standards found in the Johnston County Land Development Code 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 affect the public rd Adopted this the 3 day of October , 2016 Commissioner Ted G Godwin moved the Board approve Rezoning Case 16 - 19 to rezone 349 acres out of a 34 acre tract located at 1201 Country Store Road in Pine Level Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Cookie Pope seconded the motion which carried unanimously The Chairman opened the Special Use Hearing for Case 16 - 19 Case 16 - 19 To allow for a 195 ' telecommunication tower and supporting equipment facility Owner Keith Cring & Lissette Leon Applicant Berkley Group LLC Those wishing to speak on Special Use Case 16 - 19 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a 195 ' telecommunication tower and supporting equipment facility Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 16 - 19 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 August 16 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 19 and made the following recommendations PagePage pageNumber7402 October 3 , 2016 - 6 00 pm Continued Upon a motion by Mr Letchworth to approve Rezoning Case 16 - 19 , seconded by Mr Summerlin , with a unanimous vote of 9 - 0 , Case 16 - 19 was approved at the August 16th , 2016 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 16 - 19 , seconded by Ms Hackler , with a unanimous vote of 9 - 0 , the Special Use Conditions were approved at the August 16th , 2016 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed tower fills in a wireless infrastructure hole as indicated in the supporting propagation maps as wireless signal becomes a public necessity - it's signal must be extant and efficient as users in Johnston County depend on it for everyday use and public safety 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 The proposed use meets and or exceeds all state , federal , and local regulations related to FCC and FAA compliance as well as building codes and listed county requirements 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed use is on a large tract of land owned by the Crings It abuts forested woodlands on two sides of the tower The other areas will be landscaped 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 This proposed use is of minimal impact It uses very little ground space The multi - tenant single monopole design allows for the least visual impact Johnston County residents and passer - bys must have a strong wireless signal infrastructure for health , safety and everyday life - this supports the county's strategic plan Specific Land Uses APPLICANT To allow for a 195 ' monopole telecommunication tower Special Use Conditions 1 Permitted Uses 195 ' monopole telecommunication tower 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 The proposed structure shall accommodate the Applicant's antennas equipment and four additional collocations of similar equipment for a total of five arrays 7 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 8 The proposed structure shall not be lighted unless FAA requires 9 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 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 Mr Gray added to condition # 1 , the language " and supporting equipment facility " as it was inadvertently left off At the inquiry of Commissioner Allen L Mims , Jr , Bonnie Newell , representing Applicant Berkley Group LLC , stated the tower would have a generator that would be tested once a month Ms Newell referenced her earlier comments during the rezoning portion of the hearing regarding the Findings of Fact and offered to answer any questions Ms Newell stated they agree with the special use conditions as proposed She stated they performed the balloon test in July 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 - 19 PagePage pageNumber8403 October 3 , 2016 - 6 00 pm Continued Decision on Special Use Case 16 - 19 Case 16 - 19 To allow for a 195 ' telecommunication tower and supporting equipment facility Owner Keith Cring & Lissette Leon Applicant Berkley Group LLC Based on the findings of facts and special use conditions as listed below , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 19 to allow for a 195 ' telecommunication tower and supporting equipment facility on 349 acres out of a 34 acre tract located at 1201 Country Store Road in Pine Level Township Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed tower fills in a wireless infrastructure hole as indicated in the supporting propagation maps as wireless signal becomes a public necessity - it's signal must be extant and efficient as users in Johnston County depend on it for everyday use and public safety 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 The proposed use meets and or exceeds all state , federal , and local regulations related to FCC and FAA compliance as well as building codes and listed county requirements 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed use is on a large tract of land owned by the Crings It abuts forested woodlands on two sides of the tower The other areas will be landscaped 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 This proposed use is of minimal impact It uses very little ground space The multi - tenant single monopole design allows for the least visual impact Johnston County residents and passer - bys must have a strong wireless signal infrastructure for health , safety and everyday life - this supports the county's strategic plan Specific Land Uses APPLICANT To allow for a 195 ' monopole telecommunication tower Special Use Conditions 1 Permitted Uses 195 ' monopole telecommunication tower and supporting equipment facility 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 The proposed structure shall accommodate the Applicant's antennas equipment and four additional collocations of similar equipment for a total of five arrays 7 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 8 The proposed structure shall not be lighted unless FAA requires 9 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 10 The facility shall be constructed so that access is only attainable by qualified personnel The Chairman reopened the Rezoning Hearing for Case 16 - 23 Case 16 - 23 Petition to add the Interstate Highway Interchange overlay zoning to a 1667 acre tract located at 12863 NC Hwy 210 in the Pleasant Grove Township Tax ID 13E05003J Owner TSLand , LLC and KAS Family Farm , LLC Applicant Pamela Langdon Planning Director Berry Gray stated the petition is to add the Interstate Highway Interchange overlay zoning to a 1667 acre tract located at 12863 NC Hwy 210 in the Pleasant Grove Township Mr Gray stated the existing use is zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential , agricultural , and educational purposes ; General Business and used for agricultural and residential purposes ; Community Business and used for agricultural purposes ; and Agricultural Residential with Interstate Highway Interchange overlay and used for multiple businesses This area is located within a designated " Primary Growth Area " on the County's Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term In addition , this site is located between regional and community center activity nodes PagePage pageNumber9404 October 3 , 2016 - 6 00 pm Continued Applicant Pamela Langdon , 1910 County Line Road , Angier , asked the Board to approve the request noting they would like to sell the land At the inquiry of Commissioner Jeffrey P Carver , Mr Gray reported the rezoning will increase the tax value of the land with the new commercial designation Commissioner Carver stated he wanted to make sure the applicants are aware that the taxes would increase 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 - 23 Decision on Rezoning Case 16 - 23 Case 16 - 23 Petition to add the Interstate Highway Interchange overlay zoning to a 1667 acre tract located at 12863 NC Hwy 210 in the Pleasant Grove Township Tax ID 13E05003J Owner TSLand , LLC and KAS Family Farm , LLC Applicant Pamela Langdon Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 23 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 23 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 13E05003J located at 12863 NC Hwy 210 as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential AR with the Interstate Highway Interchange IHI Overlay District 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 it aligns with " Goal 1 Grow in a fiscally efficient , compact manner " found in the Comprehensive Land Use Plan This is because the site is located between two activity nodes in the primary growth area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a IHI overlay is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations rd Adopted this the 3 day of October , 2016 Commissioner DeVan Barbour moved the Board approve Rezoning Case 16 - 23 to add the Interstate Highway Interchange overlay zoning to a 1667 acre tract located at 12863 NC Hwy 210 in the Pleasant Grove Township Commissioner Cookie Pope seconded the motion which carried unanimously Page0405 October 3 , 2016 - 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 16 - 24 Case 16 - 24 Petition to rezone 0655 acres out of a 706 acre tract located at 848 Sweetbriar Road SR 1539 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13C03053V Owner Noel and Juanita Bradley Applicant Noel Bradley Planning Director Berry Gray stated the petition is to rezone 0655 acres out of a 706 acre tract located at 848 Sweetbriar Road in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Mr Gray stated the special use associated with the rezoning is to allow for equipment and material storage for a roofing company Mr Gray stated 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 and General Business - Special Use District for a residence and landscaping company This area is located within a designated " Primary Growth Area " on the County's Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term Applicant Noel Bradley , 848 Sweetbriar Road , reported he owns a small roofing company and would like to construct an 1,800 sf shop on the site Mr Bradley stated they purchased the property with the intent of living on the site and having the shop in the back He stated the balance of the property would be fenced in for livestock Mr Bradley reported it would be a small operation with approximately six employees and three trucks He stated because they plan to live on site they plan to landscape the area around the building so it would be considered an asset to the property Mr Bradley stated the main purpose of the building would be storage for their rooftop equipment and materials There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 16 - 24 Decision on Rezoning Case 16 - 24 Case 16 - 24 Petition to rezone 0655 acres out of a 706 acre tract located at 848 Sweetbriar Road SR 1539 in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13C03053V Owner Noel and Juanita Bradley Applicant Noel Bradley Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 24 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 24 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 13C03053V located at 848 Sweetbriar Road 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 ; 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 Page1406 October 3 , 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 rd Adopted this the 3 day of October , 2016 Commissioner Cookie Pope moved the Board approve Rezoning Case 16 - 24 to rezone 0655 acres out of a 706 acre tract located at 848 Sweetbriar Road 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 - 24 Case 16 - 24 To allow for equipment and material storage for a roofing company Owner Noel and Juanita Bradley Applicant Noel Bradley Those wishing to speak on Special Use Case 16 - 24 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 equipment and material storage for a roofing company 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 - 24 on July 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 August 16 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 24 and made the following recommendations Upon a motion by Mr Massengill to approve the Rezoning Petition for Case 16 - 24 , seconded by Mr Summerlin , with Mr Smith opposing , Rezoning Case 16 - 24 was approved at the August 16th , 2016 Planning Board Meeting with a vote of 8 - 1 Upon a motion by Mr Summerlin to approve the Special Use Conditions for Rezoning Petition for Case 16 - 24 with the change in the hours , seconded by Mr Caldwell , with Mr Smith opposing , the Special Use Conditions for Rezoning Case 16 - 24 were approved at the August 16th , 2016 Planning Board Meeting with a vote of 8 - 1 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 building is set back 100 ' off NC Hwy 210 The entrance and parking gravel can easily be adjusted if NC Hwy 210 is widened Also , a second entrance off Sweetbriar Rd is an option 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 The development of this property will not alter or restrict the watershed All structures will be built per code All structures will be 100 ' off NC Hwy 210 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 All structures will be engineered metal buildings The border of the property will be fenced and or landscaped with large cedar type trees and shrubs 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 Page2407 October 3 , 2016 - 6 00 pm Continued Applicant The design layout allows for the expansion of NC Hwy 210 The building is set back 100 ' and the drive and parking or staging area will be gravel Specific Land Uses APPLICANT To allow for equipment and material storage for a roofing company Special Use Conditions 1 Permitted Uses Equipment and material storage for a roofing company 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 , existing natural vegetation may be used if equal or more intense 6 Hours of operation to be 5 00 AM to 9 00 PM Monday - Saturday 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 Mr Gray listed and reviewed the special use conditions with the Board Commissioner Allen L Mims , Jr asked about the opaque fencing requirement noting the applicant had reported during the rezoning portion of the hearing that he planned to keep his materials inside the building Mr Gray stated the condition is listed in case the applicant decides to store certain types of large equipment such as backhoes outside then the area would need to be fenced Mr Gray stated the trucks driven by the employees would not need to be screened Applicant Noel Bradley , 848 Sweetbriar Road , offered to answer any questions In response to the Chairman , Mr Bradley confirmed that he understands and agrees 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 - 24 Decision on Special Use Case 16 - 24 Case 16 - 24 To allow for equipment and material storage for a roofing company Owner Noel and Juanita Bradley Applicant Noel Bradley 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 - 24 to allow for equipment and material storage for a roofing company on 0655 acres out of a 706 acre tract located at 848 Sweetbriar Road in Pleasant Grove Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The building is set back 100 ' off NC Hwy 210 The entrance and parking gravel can easily be adjusted if NC Hwy 210 is widened Also , a second entrance off Sweetbriar Rd is an option 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 The development of this property will not alter or restrict the watershed All structures will be built per code All structures will be 100 ' off NC Hwy 210 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 All structures will be engineered metal buildings The border of the property will be fenced and or landscaped with large cedar type trees and shrubs Page3408 October 3 , 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 design layout allows for the expansion of NC Hwy 210 The building is set back 100 ' and the drive and parking or staging area will be gravel Specific Land Uses APPLICANT To allow for equipment and material storage for a roofing company Special Use Conditions 1 Permitted Uses Equipment and material storage for a roofing company 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 , existing natural vegetation may be used if equal or more intense 6 Hours of operation to be 5 00 AM to 9 00 PM Monday - Saturday 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 4 Request to Schedule Public Hearing - Proposed Development Ordinance Amendments Planning Director Berry Gray reported staff has developed proposed Code of Ordinance amendments to the Johnston County Land Development Code as it relates to high density developments Planned Unit Developments and subdivisions proposing public sewer Mr Gray stated staff reviewed the proposed amendments with the Planning Board at their September 20 , 2016 meeting and the Planning Board recommended approval of the proposed amendments Mr Gray stated staff is requesting the Board of Commissioners to schedule a public hearing to receive citizen input and review the proposed amendments for possible adoption Chairman Tony Braswell scheduled the public hearing to be held at the November 7 , 2016 6 00 pm Board of Commissioners Meeting 5 Manager Reports and Comments A Johnston Community College Allocation County Manager Rick Hester stated Johnston Community College is requesting an additional allocation of 34,608 to cover the salary increase that was adopted in the State's budget for State Employees Mr Hester explained the College employs a certain number of people who are classified as State Employees but they are paid for with local funds Mr Hester stated he recommends approval of the request Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Allen L Mims , Jr , and carried unanimously , the Board approved the additional allocation B County - Owned Property in Selma County Manager Rick Hester reported the County owns a building located in Selma that was originally used by the Mental Health Department years ago He explained the building is now leased to Johnston County Industries for 100 a year but is in need of significant capital repairs Mr Hester stated under the lease terms , it specifies that any major or minor renovations are to be paid for by Johnston County Industries Mr Hester stated the repairs will probably cost 35,000 to 40,000 and Johnston County Industries has approached the County for assistance Mr Hester stated since the lease specifies that the renovations are to be paid for by Johnston County Industries and the County leases the facility to them for only 100 a year , he recommends the County fronting the expense and entering into an arrangement with Johnston County Industries for them to repay the funds over a 4 or 5 year period Following discussion , upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to amend the lease with Johnston County Industries in order to proceed with the repairs with the County fronting the expenses and requiring a 48 month reimbursement period from Johnston County Industries Page4409 October 3 , 2016 - 6 00 pm Continued C Settlement Agreement - Johnson v Johnston County , McGee's Crossroads Athletic Association , and Johnson Memorial Church Per the request of staff , upon a motion by Commissioner DeVan Barbour , seconded by Commissioner Cookie Pope , and carried unanimously , the Board approved the following settlement agreement between Johnson v Johnston County , McGee's Crossroads Athletic Association , and Johnson Memorial Church Page5410 October 3 , 2016 - 6 00 pm ContinuedPage6411 October 3 , 2016 - 6 00 pm ContinuedPage7412 October 3 , 2016 - 6 00 pm ContinuedPage8413 October 3 , 2016 - 6 00 pm ContinuedPage9414 October 3 , 2016 - 6 00 pm Continued D Request for Closed Session County Manager Rick Hester requested a closed session for Acquisition of Property 6 Board Reports and Comments - None 7 Closed Session - NCGS 14331811 a 5 - Acquisition of Property Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board recessed regular session to sit in closed session to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property , pursuant to North Carolina General Statute 143 - 31811 a 5 No action was taken Commissioner Jeffrey P Carver moved the Board adjourn closed session and resume regular session Commissioner Cookie Pope seconded the motion , which carried by unanimous vote There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote The meeting adjourned at 8 15 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage