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

10 425 Meeting of the Johnston County Board of Commissioners March 6 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 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 No one spoke at this time 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – February 28 , March 3 , 2006 Certified letters were mailed to adjoining property owners on February 24 , 2006 , and notices posted at the locations the following dates Case 04 - 5 - November 21 , 2005 , Case 05 - 33 - October 23 , 2005 , Cases 06 - 2 , 06 - 3 – January 4 , 2006 , Case 06 - 5 – January 5 , 2006 Chairman Pope noted that the Applicant had withdrawn the following request for Case 04 - 5 CASE 04 - 5 Application to modify a Special Use Permit for a convenience store automotive service center located at 3789 NC Hwy 42 West in Cleveland Township Applicant wishes to replace automotive service center with retail office establishment on property Tax ID 05F02031K Owner Applicant Rent A Contractor Inc The Chairman opened the Rezoning Hearing for Case 05 - 33 CASE 05 - 33 Petition to rezone approximately 9 acres located at 7384 NC 222 West in O’Neals Township , approximately 350 feet west of its intersection with Jerusalem Church Road , from Industrial 1 I - 1 to General Business - Special Use District GB - SUD Tax ID 11O03110 Owner Applicant George J Schlecht Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone approximately 9 acres located at 7384 NC 222 West , in the O’Neals Township , approximately 350 feet west of its intersection with Jerusalem Church Road , from Industrial 1 I - 1 to General Business - Special Use District GB - SUD The property was formerly used as the J & J Apparel factory The predominant zoning in the area is Agricultural - Residential Attorney Bob Spence , representative for Owner George Schlecht , requested the Board approve the rezoning and accompanying special use request for Case 05 - 33 He stated that Mr Schlecht agreed to the special use conditions as recommended by the Planning Board , and the following limitations all uses allowed in the General Business District except the following uses as listed in Sec 14 - 79 b of the Land Development Code 1 - G , 1 - J , 1 - K , 1 - L , 1 - P , 1 - R , 2 , 7 , 9 , 10 , 12 , 15 , 18 , and 19 Use number 17 , Service station convenience store , will be permitted without the retail sale of gas or alcohol George Schlecht , 355 Daffodil Lane , Clayton , stated that he would like to make good use of the property , and asked the Board to approve the rezoning and accompanying special use request Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 05 - 33 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 33 Decision on Rezoning Case 05 - 33 CASE 05 - 33 Petition to rezone approximately 9 acres located at 7384 NC 222 West in O’Neals Township , approximately 350 feet west of its intersection with Jerusalem Church Road , from Industrial 1 I - 1 to General Business - Special Use District GB - SUD Tax ID 11O03110 Owner Applicant George J Schlecht Page426 March 6 , 2006 - 6 00 pm Continued Commissioner Allen L Mims , Jr moved the Board approve rezoning case 05 - 33 , approximately 9 acres located at 7384 NC 222 West , in the O’Neals Township , approximately 350 feet west of its intersection with Jerusalem Church Road , from Industrial 1 I - 1 to General Business - Special Use District GB - SUD Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 33 Case 05 - 33 Application to allow for a shopping center and all uses allowed in the General Business District except the following uses as listed in Sec 14 - 79 b of the Land Development Code 1 - G , 1 - J , 1 - K , 1 - L , 1 - P , 1 - R , 2 , 7 , 9 , 10 , 12 , 15 , 18 , and 19 Use number 17 , Service station convenience store , will be permitted without the retail sale of gas or alcohol Owner Applicant George J Schlecht Those wishing to speak on Special Use Case 05 - 33 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 a shopping center and all uses allowed in the General Business District except the following uses as listed in Sec 14 - 79 b of the Land Development Code 1 - G , 1 - J , 1 - K , 1 - L , 1 - P , 1 - R , 2 , 7 , 9 , 10 , 12 , 15 , 18 , and 19 Use number 17 , Service station convenience store , will be permitted without the retail sale of gas or alcohol He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 33 on December 22 , 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 January 17 , 2006 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 33 and made the following recommendations Upon a motion by Mr Byrd , seconded by Mr Moore , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request 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 ; This property has historically been used for retail The facility includes ample parking with lights , ADA facilities , security fence , ample plumbing facilities , etc 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 ; Petition is for down zoning from Industrial to General Business 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 ; The property has been vacant for several years Owner wishes to improve property and enhance the community Landscaping , Maintenance , etc 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 The rezoning to General Business for retail oriented use will extend economic growth to this area of Johnston County Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Alcohol will be strictly prohibited 3 Hours of operation will be from 7 00 am – 10 00 pm , 7 days a week Page427 March 6 , 2006 - 6 00 pm Continued 4 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts 5 Environmental Health regulations must be adhered to for any food preparation or sales 6 No outdoor recreational facilities and or playgrounds are to be allowed 7 Any lighting will be engineered so as to be directed inward and downward so as not to focus off the property or impact adjoining properties 8 Any change of occupancy and or use requires a Change of Occupancy Permit which entails Fire Safety Inspection Attorney Bob Spence , representative for Owner George Schlecht , reiterated that Mr Schlecht agreed to the above special use conditions , and the following limitations as stated by Mr Finn all uses allowed in the General Business District except the following uses as listed in Sec 14 - 79 b of the Land Development Code 1 - G , 1 - J , 1 - K , 1 - L , 1 - P , 1 - R , 2 , 7 , 9 , 10 , 12 , 15 , 18 , and 19 Use number 17 , Service station convenience store , will be permitted without the retail sale of gas or alcohol He stated that Mr Schlecht’s neighbors are satisfied with the conditions and limitations as well Mr Finn noted the Planning Board recommended approval of the special use request There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 33 Decision on Special Use Case 05 - 33 Case 05 - 33 Application to allow for a shopping center and all uses allowed in the General Business District except the following uses as listed in Sec 14 - 79 b of the Land Development Code 1 - G , 1 - J , 1 - K , 1 - L , 1 - P , 1 - R , 2 , 7 , 9 , 10 , 12 , 15 , 18 , and 19 Use number 17 , Service station convenience store , will be permitted without the retail sale of gas or alcohol Owner Applicant George J Schlecht 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 Owner Applicant George J Schlecht , for property located at 7384 NC 222 West in the O’Neals Township , to allow for a shopping center and all uses allowed in the General Business District except the following uses as listed in Sec 14 - 79 b of the Land Development Code 1 - G , 1 - J , 1 - K , 1 - L , 1 - P , 1 - R , 2 , 7 , 9 , 10 , 12 , 15 , 18 , and 19 , and use number 17 , “ Service station convenience store ” , will be permitted without the retail sale of gas or alcohol Commissioner DeVan Barbour 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 ; This property has historically been used for retail The facility includes ample parking with lights , ADA facilities , security fence , ample plumbing facilities , etc 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 ; Petition is for down zoning from Industrial to General Business 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 ; The property has been vacant for several years Owner wishes to improve property and enhance the community Landscaping , Maintenance , etc 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 The rezoning to General Business for retail oriented use will extend economic growth to this area of Johnston County Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Alcohol will be strictly prohibited 3 Hours of operation will be from 7 00 am – 10 00 pm , 7 days a week 4 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts 5 Environmental Health regulations must be adhered to for any food preparation or sales 6 No outdoor recreational facilities and or playgrounds are to be allowed Page428 March 6 , 2006 - 6 00 pm Continued 7 Any lighting will be engineered so as to be directed inward and downward so as not to focus off the property or impact adjoining properties 8 Any change of occupancy and or use requires a Change of Occupancy Permit which entails Fire Safety Inspection The Chairman reopened the Rezoning Hearing for Case 06 - 2 CASE 06 - 2 Petition to rezone approximately 7906 acres located at Pony Farm Road , approximately ¼ mile west of its intersection with US Hwy 70 West , in the Clayton Township from Agricultural - Residential AR to Industrial - 2 District I - 2 Tax ID 05I05199S & 05I05038Z Owner Doris Matthews Living Trust Applicant Walthom Group Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone approximately 7906 acres located at Pony Farm Road , approximately ¼ mile west of its intersection with US Hwy 70 West , in the Clayton Township , from Agricultural - Residential AR to Industrial - 2 District I - 2 There is non - Agricultural - Residential zoning to the east of the subject property , and Agricultural - Residential zoning to the west Mr Finn pointed out that Case 06 - 2 is a straight rezoning request Commissioner Allen L Mims , Jr noted the Planning Board recently approved a commercial subdivision , South Tech Business Park , for the property , subject to approval of the rezoning request LC Gilbert , representative of the Walthom Group , stated there are numerous industrial sites already in the vicinity of the subject property ; plans are to construct an additional entrance to Highway 70 He requested the Board’s approval of the rezoning request Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 2 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 2 Decision on Rezoning Case 06 - 2 CASE 06 - 2 Petition to rezone approximately 7906 acres located at Pony Farm Road , approximately ¼ mile west of its intersection with US Hwy 70 West , in the Clayton Township from Agricultural - Residential AR to Industrial - 2 District I - 2 Tax ID 05I05199S & 05I05038Z Owner Doris Matthews Living Trust Applicant Walthom Group Commissioner Allen L Mims , Jr moved the Board approve rezoning case 06 - 2 , approximately 7906 acres located at Pony Farm Road , approximately ¼ mile west of its intersection with US Hwy 70 West , in the Clayton Township , from Agricultural - Residential AR to Industrial - 2 District I - 2 Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 06 - 3 CASE 06 - 3 Petition to rezone approximately 1 acre located at 55 Jordan - Narron Road , approximately 500 feet west of its intersection with NC Hwy 96 North , in O’Neals Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Tax ID 11M06007X Owners Applicants David E Strickland and Betty R Strickland Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone approximately 1 acre located at 55 Jordan - Narron Road , approximately 500 feet west of its intersection with NC Hwy 96 North , in O’Neals Township , from Agricultural - Residential AR to General Business Special Use District GB - SUD The predominant zoning in the area is Agricultural - Residential At the request of Commissioner Cookie Pope , Mr Finn identified the subject property on the GIS ortho - photo map David Strickland , 39 Jordan - Narron Road , Selma requested the Board approve a rezoning and accompanying special use request to allow for the operation and construction of two mini - storage facilities on a one acre parcel owned by Mr Strickland and his wife The one acre is part of a seven acre tract owned by the Stricklands ; their residence is also on the seven acres The buildings would be approximately 515 ft west of the intersection of Jordan - Narron Road and Hwy 96 , 200 ft off Jordan - Narron Road , and 100 ft from the Stricklands ’ bedroom window He presented to the Board pictures of a similar mini - storage facility Mr PagePage pageNumber5429 March 6 , 2006 - 6 00 pm Continued Strickland stated that the National Mini - Storage Association reports most people using mini - storage live within a 3 - 5 mile radius of the facility He noted that five housing developments were presently located in the area , and the closest mini - storage facilities were 10 - 12 miles away from the proposed site Mr Strickland presented to the Board a petition with 77 signatures of persons in favor of the mini - storage facility , and pointed out properties in the above - mentioned 3 - 5 mile radius were used for the petition He stated , in his opinion , there was a need for a mini - storage facility in the O’Neals Township In response to comments made at the January 17 , 2006 Planning Board meeting , Mr Strickland stated that any additional traffic coming from Highway 96 would pass only three dwellings on Jordan - Narron Road before reaching the site ; two of the three residents signed the petition in favor of the mini - storage facilities In response to a question from Commissioner Jeffrey P Carver , Mr Strickland stated he had lived at 55 Jordan - Narron Road since 1997 Commissioner Tony Braswell questioned if there were any other storage facilities in the O’Neals Township Mr Strickland responded that he was not aware of any other storage facilities in the O’Neals Township He stated that he spoke with the chief of the Thanksgiving Fire Department , and according to him there were no mini - storage facilities in the district In response to questions from Commissioner Wade M Stewart , Mr Strickland noted that between Highway 96 and his property there were three residences located on the north side of Jordan - Narron Road , which is the opposite side of the road from Mr Strickland’s property Adjacent property owner Charles Reins , immediately east of the Strickland property , owns 145 acres accessible to Highway 96 Adjacent property owner JT Bailey , west of the Strickland property , has a house some distance off the road on the south side of Jordan - Narron Road , past the Strickland property ; however , Mr Bailey accesses the residence from Highway 96 , across Wade Boughman’s property Adjacent property owner Wade Boughman is to the south of the Strickland property Robin Strickland , 4021 Pennoke Road , Raleigh , son of the applicants , expressed support for his parents ’ effort to generate supplemental income for their retirement Wade Boughman , 8021 NC 42 East , Selma , adjacent property owner , stated that he did not have a problem with the storage facility Daylon Inscoe , 1755 NC 56 Hwy E , Louisburg , informed the Board that the pictures shown by Mr Strickland were of a mini - storage facility , with 96 units , that Mr Inscoe owns in Franklin County He noted that on average approximately five renters visit their units each day , and traffic is very minimal Linda Botens , 150 Jordan - Narron Road , Selma , stated that she lives approximately 010 mile from the subject property Ms Botens presented to the Board photo examples of mini - storage facilities and a map highlighting property owners opposed to the rezoning and special use requests ; she referenced a petition in opposition , with 46 signatures , included in the Board of Commissioners ’ agenda She noted that , with the exception of three properties , all residents contacted on Jordan - Narron Road either signed the petition in opposition or declined to sign because they did not want to become involved in what they considered to be an awkward situation Ms Botens emphasized that no one she spoke with actively supported the rezoning and special use requests In regards to the three properties mentioned , she pointed out that one is owned by a family member of Mr Strickland , a second is not owner - occupied at this time , and a third parcel is owned by someone that Ms Botens had not spoken with She stated that the property owned by Charles Reins , to the east of the Strickland property , is currently vacant , however , Mr Reins plans to place a residence there in the future Ms Botens stressed that she and others chose to live in the area because of its rural nature ; many of the residents have livestock , including Ms Botens who has horses on her property She stated , in her opinion , many of the residents would not have purchased properties in this location had there been an existing business on the subject property In regards to earlier comments made by Mr Strickland , Ms Botens noted the statement made at the Planning Board meeting was “ No matter which direction the traffic entered by , whether it was Buffalo Road , Thanksgiving Road , or Highway 96 , all the traffic would be on this one section of Jordan - Narron Road ” She stated that Jordan - Narron Road runs from Buffalo Road to Highway 96 , and that Jordan - Narron does not serve as a shortcut , rather it is only used by the residents who live on the road Ms Botens emphasized that safety will be jeopardized by the increasing amount of traffic due to the mini - storage facility She further expressedPagePage pageNumber6430 March 6 , 2006 - 6 00 pm Continued concern about the lack of restrictions on the uses of the storage units , the growing number of robberies , and increasing threat of crime In response to questions from Commissioner Jeffrey P Carver , Ms Botens stated she had lived at 150 Jordan - Narron Road since 1999 , and owns an eight acre tract , and three horses At the request of the Board , she identified her property on the GIS ortho - photo map Ms Botens noted that two driveways down from her property there is another horse farm Commissioner Tony Braswell commented that future development of vacant Agricultural - Residential property in the area would create significantly more traffic than the proposed mini - storage facility Commissioner DeVan Barbour questioned how many people actually visit storage units daily He asked if anyone had information related to traffic counts No one had this information Jennie Harless , 80 Jordan - Narron Road , Selma , stated that she lives diagonally across the street from the subject property She addressed the concerns of marketability and conformity of surrounding and nearby properties to the subject property Ms Harless informed the Board that she called five mini - storage facilities in the area , including one northeast of Clayton on Loop Road , in a similar area to Jordan - Narron Road Owners of three of the facilities located in rural areas , including the one on Loop Road , estimated their occupancy rates to be 60 The occupancy rates for the two remaining facilities , located in the Town of Smithfield , were 80 and 88 The owners remarked the mini - storage business was unpredictable Ms Harless reiterated comments made by Ms Botens , including emphasis on the existing rural character of the neighborhood and traffic concerns on Jordan - Narron Road She stated , in her opinion , approval of the rezoning and special use requests would be a detriment to the neighborhood and have a negative impact on the rural character of the area Further , she pointed out the proposed facility would not conform to the current neighborhood with custom built homes and older farm homes ; she highlighted specific aspects of a mini - storage facility including signage , chain link fencing , bright lights , and outside storage Mr Finn noted the Planning Board recommended denial of the rezoning request for Case 06 - 3 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 06 - 3 Discussion & Decision on Rezoning Case 06 - 3 CASE 06 - 3 Petition to rezone approximately 1 acre located at 55 Jordan - Narron Road , approximately 500 feet west of its intersection with NC Hwy 96 North , in O’Neals Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Tax ID 11M06007X Owners Applicants David E Strickland and Betty R Strickland Commissioner Allen L Mims , Jr stated in an Agricultural - Residential district it is allowable for individuals to have storage buildings for personal use on their properties , given setback requirements are followed Commissioner Jeffrey P Carver expressed support for the Stricklands looking for outside sources of revenue , however , in his opinion , this should not come at the detriment of the neighborhood He noted that several property owners emphasized maintenance of the rural character of the community , and expressed concern that the proposed rezoning and special use would not maintain this rural character Commissioner Carver moved the Board deny rezoning case 06 - 3 , approximately 1 acre located at 55 Jordan - Narron Road , approximately 500 feet west of its intersection with NC Hwy 96 North , in O’Neals Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Commissioner Allen L Mims , Jr seconded the motion , which carried by the following vote Ayes Commissioners Jeffrey P Carver and Allen L Mims , Jr Nays Commissioners Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Commissioner W Ray Woodall moved the Board approve rezoning case 06 - 3 , approximately 1 acre located at 55 Jordan - Narron Road , approximately 500 feet west of its intersection with NC Hwy 96 North , in O’Neals Township from Agricultural - Residential AR to General Business Special Use District GB - SUD Commissioner Wade M Stewart seconded the motion PagePage pageNumber7431 March 6 , 2006 - 6 00 pm Continued Commissioner Allen L Mims , Jr emphasized the community’s desire to maintain the rural character of the area In his opinion , mini - storage facilities should be in a more commercial area , rather than in the middle of the country The motion carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioners Jeffrey P Carver and Allen L Mims , Jr The Chairman reopened the Special Use Hearing for Case 06 - 3 CASE 06 - 3 Application to allow for the operation and construction of two mini - storage facilities with 16 - 20 units total Owners Applicants David E Strickland and Betty R Strickland Those wishing to speak on Special Use Case 06 - 3 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 operation and construction of two mini - storage facilities He noted that since the Planning Board recommended denial of the request , the board did not recommend any special conditions for Case 06 - 3 David Strickland , 39 Jordan - Narron Road , Selma requested the Board approve a special use request to allow for the operation and construction of two mini - storage facilities with approximately 26 units total Commissioner W Ray Woodall asked whether Mr Strickland planned to park trailers or vehicles within the fenced area Mr Strickland responded , with the Board’s approval , he would like to park motor homes or boats within the fenced area , however , he stated “ For Sale ” signs would not be allowed on the vehicles He noted the buildings would be approximately 200 ft off Jordan - Narron Road Commissioner Ray Woodall questioned whether Mr Strickland would object if one of the special use conditions prohibited outside storage Mr Strickland stated he would not object to the condition Commissioner DeVan Barbour noted the site plan shows a 60 ft setback from Jordan - Narron Road to the front of the fencing around the mini - storage facilities ; the two mini - storage buildings are still a significant distance back from the front fencing He questioned why the buildings were set - back so far , and what Mr Strickland intended to do with the open space in front of the buildings Commissioner Barbour expressed opposition to outside storage , ie boats and vehicles , in the open space Mr Strickland stated that he planned to maintain the area in front of the buildings as open space , and fence in the area for safety In response to a question from Commissioner Woodall , Mr Strickland stated he intends to plant cypress or firs along the outside parameter of the fence Commissioner Jeffrey P Carver asked if Mr Strickland planned to place additional mini - storage facilities at the location in the future Mr Strickland responded there is not enough land for additional facilities on the one acre In response to questions from Commissioner Braswell and County Manager Rick Hester , Mr Strickland requested approval for two buildings ; each building would be 20 ft by 60 ft and could accommodate 13 units each The units would be different sizes , ie 10 ft by 10 ft units , 10 ft by 20 ft units , or 5 ft by 10 ft units Jennie Harless , 80 Jordan - Narron Road , Selma , questioned the need for the mini - storage facility in the area She emphasized the 60 occupancy rate for a facility on Loop Road in Clayton , which could be reached in 6 - 7 minutes from Jordan - Narron Road Ms Harless noted the Johnston County Sheriff’s Department investigated 56 break - ins at mini - storage facilities this past year She further expressed concern in regards to the aesthetics of the proposed facility , ie , signage , chain link fencing , barbed wire at the top of the fencing PagePage pageNumber8432 March 6 , 2006 - 6 00 pm Continued Linda Botens , 150 Jordan - Narron Road , Selma , asked for clarification on the proposed number of units She expressed concern that more units would result in more traffic , and outside storage would negatively impact surrounding property values Ms Botens noted that , at the Planning Board meeting , Mr Strickland remarked that at a later time he wished to expand to the land in front of the proposed buildings This was also a concern of Ms Botens In response to a question from Ms Botens , Commissioner Wade M Stewart stated , in his opinion , there should be a restriction that Mr Strickland could build only two 20 ft by 60 ft buildings , however , it would be Mr Strickland’s decision as to how the buildings were divided into units Planning and Zoning Director , Steven Finn , pointed out there were not Findings of Fact from the Planning Board to support the approval of the special use request , however , he cross referenced the Summary of Evidence on page 32 of the Board of Commissioners ’ agenda packet Mr Finn recommended that if the Board decided to approve the special use request , it would be important , as a procedural matter , to introduce into the record a listing of Findings of Fact for the special use permit He presented to the Board the following recommended special use conditions for discussion 1 Days of the week and hours of operation 2 Limit on the number of units permitted 3 Boats or campers to be covered and not seen from the public street 4 Signage limited to 32 sq ft 5 Approval of formal site plan by the Planning and Zoning Department staff ; site plan to comply with Chapter 14 of the County Code of Ordinances including landscaping , buffering , lighting , and fencing requirements There being no further comments , the Chairman recessed the Special Use Hearing for Case 06 - 3 Discussion on Special Use Case 06 - 3 CASE 06 - 3 Application to allow for the operation and construction of two mini - storage facilities with 16 - 20 units total Owners Applicants David E Strickland and Betty R Strickland In response to a question from Commissioner DeVan Barbour , Mr Strickland requested the Board approve the hours of operation to be seven days a week from 7 00 am to 7 30 pm , and 8 30 pm during daylight savings times He stated he would install a programmable timed gate for the approved hours County Attorney Mark Payne noted Chapter 14 of the County Code of Ordinances outlines the proper fencing and buffering requirements Commissioner W Ray Woodall recommended “ No outside storage ” as a special condition , and proposed the following Findings of Fact for Special Use Case 06 - 3 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 or 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 Commissioner Jeffrey P Carver suggested the Board set specific hours on the days and hours of operation Following discussion with the applicant , seven days a week from 7 00 am to 8 30 pm was suggested for the hours and days of operation Commissioner Wade M Stewart reiterated several of the special conditions mentioned , and suggested the following PagePage pageNumber9433 March 6 , 2006 - 6 00 pm Continued • Hours of operation shall be limited to 7 00 am – 8 30 pm ; 7 days a week • Two buildings only , each building 20 ft by 60 ft • Signage One sign shall be permitted , and limited to 32 sq ft • No outside storage of equipment • Area to be fenced totally , and a 60 ft setback from the Stricklands ’ property line , which is adjacent to Jordan - Narron Road , to the front of the fencing around the mini - storage facility • Applicable class landscaping • Approved site plan by the Planning Board In response to a question from Commissioner Carver , Mr Strickland stated that he understood the special conditions as suggested by the Board Planning and Zoning Director Steven Finn explained the special use conditions , specifically compliance with Chapter 14 of the County Code of Ordinances He further explained the subsequent actions that would take place if the Board approved the special use request Decision on Special Use Case 06 - 3 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 Applicants David E Strickland and Betty R Strickland to allow for the operation and construction of two mini - storage facilities at 55 Jordan - Narron Road , approximately 500 ft west of its intersection with NC Hwy 96 North in the O’Neals Township Commissioner Wade M Stewart seconded the motion , which carried by the following vote Ayes Commissioners Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Nays Commissioners Jeffrey P Carver and Allen L Mims , Jr Commissioner Allen L Mims , Jr requested the record reflect that his vote was based on his belief that the burden of proof falls on the applicant to prove the Findings of Fact , and , in his opinion , no testimony was given to prove the Findings of Fact , specifically Condition Number 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 ” 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 or 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 Special Use Conditions 1 Hours of operation shall be limited to 7 00 am – 8 30 pm ; 7 days a week 2 Limit on the number of units permitted ; Maximum number of units that two buildings , each building 20 ft by 60 ft , will hold 3 No outside storage allowed 4 Signage One sign shall be permitted , and limited to 32 sq ft 5 Approval of formal site plan by the Planning and Zoning Department staff ; site plan to comply with Chapter 14 of the County Code of Ordinances including landscaping , buffering , lighting , and fencing requirements ; Applicant agreed to a 60 ft setback from the Stricklands ’ property line , adjacent to Jordan - Narron Road , to the front of the fencing around the mini - storage facility The Chairman reopened the Rezoning Hearing for Case 06 - 5 CASE 06 - 5 Petition to rezone approximately 447 acres on a 1089 tract located at 9994 NC Hwy 210 in Elevation Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 07F06013C Owner Tonya B Messer and Trudy F Benson Applicant New Cingular Wireless PCS , LLC Page0434 March 6 , 2006 - 6 00 pm Continued Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone approximately 447 acres on a 1089 tract located at 9994 NC Hwy 210 in Elevation Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD The predominant zoning in the area is Agricultural - Residential Karen Kemerait , representative for Cingular Wireless , introduced Trudy Benson , property owner , and David Liles , radio frequency engineer for Cingular Wireless The homes of Ms Benson and her daughter Tonya Messer are the only residences located on the property Ms Kemerait asked the Board to approve the rezoning and accompanying special use requests to allow Cingular to place a 199 ft monopole tower within a 100 ft by 100 ft compound on the site She presented to the Board two propagation maps illustrating the areas of Cingular coverage without the proposed tower versus the areas of coverage with the proposed tower Ms Kemerait made the following statements in regards to the proposed tower • Located 249 ft from the closest property , and 780 ft from Highway 210 • Designed to serve Cingular and five additional carriers • Moved the location closer to the wood - line to make it as least visual as possible • Planned 20 ft landscape buffer ; existing woods buffer on the north and west sides • Conducted a balloon test on December 3 , 2005 • Mailed 146 letters , and received two phone calls ; both calls expressed support of the tower Ms Kemerait noted the request received a recommendation for approval from planning staff , the Planning Board , and the County’s cell tower consultant She stated , in her opinion , the request met all the requirements of the County Code of Ordinances Ms Kemerait offered the Board notebooks of documentation , and stated she would answer any questions the Board might have In response to a question from Commissioner Wade M Stewart , Ms Kemerait stated the existing driveway would be improved and extended to the site Jackie Hicks with the Center for Municipal Solutions , cell tower consultant for the County , recommended approval of the request Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 5 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 5 Decision on Rezoning Case 06 - 5 CASE 06 - 5 Petition to rezone approximately 447 acres on a 1089 tract located at 9994 NC Hwy 210 in Elevation Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 07F06013C Owner Tonya B Messer and Trudy F Benson Applicant New Cingular Wireless PCS , LLC Commissioner W Ray Woodall moved the Board approve rezoning case 06 - 5 , approximately 447 acres on a 1089 tract located at 9994 NC Hwy 210 in Elevation Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 06 - 5 CASE 06 - 5 Application to allow for the construction and operation of a wireless telecommunications facility and antenna support structure Owner Tonya B Messer and Trudy F Benson Applicant New Cingular Wireless PCS , LLC Those wishing to speak on Special Use Case 06 - 5 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 wireless telecommunications facility and antenna support structure He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 5 on October 4 , 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 Page1435 March 6 , 2006 - 6 00 pm Continued • 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 January 17 , 2006 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 5 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Gathers , and carried by a unanimous vote of 6 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request 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 or 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 Special Use Conditions 1 All conditions recommended by The Center for Municipal Solutions in a letter dated January 16 , 2006 and amended by the County Planning Board January 17 , 2006 a The provision of a 75,000 performance and removal bond prior to the issuance of the building permit b The provision of the topographic and geomorphologic study and the Structural Engineer’s Report prior to the issuance of the building permit c To prevent the warehousing of permits or authorizations and to assure the best service to the County’s residents as expeditiously as possible , the facility must be built , activated and be providing service no later than one hundred twenty 120 days after the issuance of the Special Use Permit or other applicable authorization d The monopole shall be limited to 199 ’ above pre - disturbance or pre - construction ground level , ie no berm shall be permitted e In order to minimize the profile ie visual intrusiveness of the antenna array , Cingular Wireless shall use the smallest mounts and standoffs possible that are not technologically or commercially impractical under the facts and circumstances and shall provide documentation to the County’s consultant of such prior to the issuance of a building permit f Once Cingular Wireless has met all the conditions of the permit and any other requirements of the County and a building permit is issued , they must notify the County’s consultant if an inspection is required which is not performed by the county g At the completion of construction the Applicant must notify the County’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on - site inspection Upon passing the final inspection a recommendation to issue a certificate of occupancy shall be made h After the County’s receipt of CMS’s final invoice , all moneys owed the County must have been paid before the facility shall be allowed to provide service commercially and generate revenue from its use i Cingular Wireless shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its Permit Karen Kemerait , representative for Cingular Wireless , stated that this particular tower is part of a larger plan that includes four new towers and adding antennas to three existing sites She stated , in her opinion , the request met all the requirements of the County Code of Ordinances , and the Findings of Fact as noted in the special use permit Jackie Hicks with the Center for Municipal Solutions , cell tower consultant for the County , recommended approval of the site , and stated that Cingular has met all requirements placed upon them Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 5 There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 5 Page2436 March 6 , 2006 - 6 00 pm Continued Decision on Special Use Case 06 - 5 CASE 06 - 5 Application to allow for the construction and operation of a wireless telecommunications facility and antenna support structure Owner Tonya B Messer and Trudy F Benson Applicant New Cingular Wireless PCS , LLC 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 Tonya B Messer and Trudy F Benson , and Applicant New Cingular Wireless PCS , LLC to allow for the construction and operation of a wireless telecommunications facility and antenna support structure at 9994 NC Hwy 210 in the Elevation 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 or 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 Special Use Conditions 1 All conditions recommended by The Center for Municipal Solutions in a letter dated January 16 , 2006 and amended by the County Planning Board January 17 , 2006 a The provision of a 75,000 performance and removal bond prior to the issuance of the building permit b The provision of the topographic and geomorphologic study and the Structural Engineer’s Report prior to the issuance of the building permit c To prevent the warehousing of permits or authorizations and to assure the best service to the County’s residents as expeditiously as possible , the facility must be built , activated and be providing service no later than one hundred twenty 120 days after the issuance of the Special Use Permit or other applicable authorization d The monopole shall be limited to 199 ’ above pre - disturbance or pre - construction ground level , ie no berm shall be permitted e In order to minimize the profile ie visual intrusiveness of the antenna array , Cingular Wireless shall use the smallest mounts and standoffs possible that are not technologically or commercially impractical under the facts and circumstances and shall provide documentation to the County’s consultant of such prior to the issuance of a building permit f Once Cingular Wireless has met all the conditions of the permit and any other requirements of the County and a building permit is issued , they must notify the County’s consultant if an inspection is required which is not performed by the county g At the completion of construction the Applicant must notify the County’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on - site inspection Upon passing the final inspection a recommendation to issue a certificate of occupancy shall be made h After the County’s receipt of CMS’s final invoice , all moneys owed the County must have been paid before the facility shall be allowed to provide service commercially and generate revenue from its use i Cingular Wireless shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its Permit 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