February 6, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 410 Meeting of the Johnston County Board of Commissioners February 6 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 6 , 2006 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , J Mark Payne , County Attorney and Deva C Holt , Deputy Clerk 1 Public Comments A Request to Connect to County Sewer Billy Rigsby , representative of the Hutton Company , presented to the Board a request to connect to county sewer for a proposed residential development adjacent to Whitley Heights Subdivision between Smithfield and Clayton County Manager Rick Hester agreed to look into the matter and report back to the Board 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – January 27 , 31 , 2006 Certified letters were mailed to adjoining property owners on January 27 , 2006 , and notices posted at the locations on November 21 , 2006 The Chairman opened the Rezoning Hearing for Case 05 - 21 Case 05 - 21 Petition to rezone approximately 348 acres of a 1389 acre tract located at the intersection of NC 39 and Phillips Road SR 1931 in O’Neal’s Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 11N06045M Owner Joyce S Brown , Harold D Brown , Brenda Brown Batten , & heirs of Roy E Brown Applicant Nextel South Corp d b a Nextel Communications Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone approximately 348 acres of a 1389 acre tract located at the intersection of NC 39 and Phillips Road SR 1931 , in the O’Neal’s Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD The predominant zoning in the area is Agricultural - Residential LS Rusty Monroe with The Center for Municipal Solutions CMS , cell tower consultant for the County , recommended approval of the request , and pointed out the conditions for the special use permit as suggested by CMS Shelby Lusk addressed the Board on behalf of Nextel Communications , and requested the Board approve the rezoning and accompanying special use requests He stated the new tower would allow for better Nextel coverage in this part of the County Mr Monroe further recommended the Board consider including the condition , for this and future applications , that cell tower facilities must be built , activated and be providing services no later than ninety 90 days after the issuance of the special use permit This would prevent the warehousing of permits , and assure the best service to the County’s residents as expeditiously as possible Commissioner Allen L Mims , Jr noted that it would be applicable to allow extensions for certain times of the year and particular circumstances , ie unfavorable weather conditions He agreed that the County should look into adding this condition In response to a question from Commissioner DeVan Barbour , Mr Lusk was reluctant to agree that 90 days would be sufficient time to build , activate , and begin providing service He stressed that weather conditions and other circumstances would be factors in the process In response to questions from Commissioner Wade M Stewart , Mr Monroe explained the cell companies purchase the materials for the sites in bulk , rather than site by site He pointed out the cell companies perform studies to determine if there is a need for a service in a particular area The studies are typically performed one to two years in advance of the companies ’ requests to construct the towers He stated that staff would provide the Board with further information on the matter at a later date Page411 February 6 , 2006 - 6 00 pm Continued Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 05 - 21 There being no further comments , the Chairman closed the Rezoning Hearing for Case 05 - 21 Decision on Rezoning Case 05 - 21 Case 05 - 21 Petition to rezone approximately 348 acres of a 1389 acre tract located at the intersection of NC 39 and Phillips Road SR 1931 in O’Neal’s Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 11N06045M Owner Joyce S Brown , Harold D Brown , Brenda Brown Batten , & heirs of Roy E Brown Applicant Nextel South Corp d b a Nextel Communications Commissioner Allen L Mims , Jr moved the Board approve rezoning case 05 - 21 , approximately 348 acres of a 1389 acre tract located at the intersection of NC 39 and Phillips Road SR 1931 , in the O’Neal’s Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 21 Case 05 - 21 Application to allow for the construction and operation of a telecommunications transmitting and receiving facility , including ground based shelter and 199 ’ monopole tower structure Owner Joyce S Brown , Harold D Brown , Brenda Brown Batten , & heirs of Roy E Brown Applicant Nextel South Corp d b a Nextel Communications Those wishing to speak on Special Use Case 05 - 21 were sworn in by the Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for the construction and operation of a telecommunications transmitting and receiving facility , including ground based shelter and 199 ’ monopole tower structure He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 21 on June 23 , 2005 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 December 20 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 21 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Gathers , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 21 , based on and subject to the following 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 ; 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable 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 ; 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 ; and 5 That the use as proposed will provide a valuable use for the community Page412 February 6 , 2006 - 6 00 pm Continued Special Use Conditions 1 All conditions recommended by The Center for Municipal Solutions , December 20 , 2005 Shelby Lusk , Nextel Communications representative , requested the Board approve the special use request , and reiterated that the new tower would allow for better Nextel coverage in this part of the County LS Rusty Monroe with The Center for Municipal Solutions CMS , cell tower consultant for the County , stated that CMS had reviewed the application and visited the site He recommended approval of the special use request , with the inclusion of the conditions outlined by CMS Mr Finn noted the Planning Board recommended approval of the special use request There being no further comments , the Chairman closed the Special Use Hearing for Case 05 - 21 Decision on Special Use Case 05 - 21 Case 05 - 21 Application to allow for the construction and operation of a telecommunications transmitting and receiving facility , including ground based shelter and 199 ’ monopole tower structure Owner Joyce S Brown , Harold D Brown , Brenda Brown Batten , & heirs of Roy E Brown Applicant Nextel South Corp d b a Nextel Communications Based on the following findings of fact , with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owners Joyce S Brown , Harold D Brown , Brenda Brown Batten , & heirs of Roy E Brown , and Applicant Nextel South Corp d b a Nextel Communications to allow for the construction and operation of a telecommunications transmitting and receiving facility , including ground based shelter and 199 ’ monopole tower structure at the intersection of NC 39 and Phillips Road SR 1931 in the O’Neal’s 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 ; 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable 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 ; 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 ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 All conditions recommended by The Center for Municipal Solutions , December 20 , 2005 3 Board Reports and Comments th A Solid Waste Committee Recommendations – March 6 Meeting Commissioner Tony Braswell informed the Board that the Solid Waste Committee consisting of himself , Commissioner Carver , and Commissioner Mims would be making a presentation at the March board meeting There being no further business , Commissioner W Ray Woodall moved the Board adjourn Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage