August 11, 2003 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 413 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS August 11 , 2003 The Johnston County Board of Commissioners met in regular session Monday , August 11 , 2003 , at 7 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , The following members were present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Jeffrey P Carver , and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , and Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Alternate Place Name for Cleveland Community Jackie Radley , executive director of the Greater Cleveland Chamber of Commerce , informed the Board the people in the Cleveland area have responded to another survey and have chosen the name “ Cleveland School ” for their community She asked the Board to formally request the US Postal Service to conduct a boundary survey so they can proceed with their efforts to have a place name they can use for mail , literature , advertising and marketing purposes 2 Resolutions Authorizing Sale of Anticipation Notes for Buffalo and Ingrams Water District Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board recessed regular session to sit simultaneously as the Buffalo Water District Board and the Ingrams Water District Board A Sitting as the Buffalo Water District Board Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote the Board adopted the following resolution authorizing the issuance and sale of Bond Anticipation Notes for the Buffalo Water District The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES OF THE BUFFALO WATER DISTRICT OF JOHNSTON COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT OF 2,924,000 WHEREAS , the Bond Order hereinafter described was adopted by the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Buffalo Water District of Johnston County the “ District ” on October 2 , 2000 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on January 23 , 2001 ; and WHEREAS , the Board desires to provide for the issuance of 2,924,000 in water bond anticipation notes pursuant to said Bond Order in order to finance certain costs of a water system for the District the “ Project ” ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Buffalo Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on August 11 , 2003 , do the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE BUFFALO WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA 1 The District shall issue its general obligation water bond anticipation notes in an aggregate principal amount of 2,924,000 the “ Notes ” pursuant to and in accordance with the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE BUFFALO WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 5,500,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT ”Page414 August 11 , 2003 Continued 2 The Notes shall be dated September 3 , 2003 , shall be numbered appropriately and shall be substantially in the form of note attached hereto as Exhibit A The Notes shall mature and bear interest payable on June 2 , 2004 The Notes shall bear interest at such rate as shall be determined by the Chairman and the North Carolina Local Government Commission the “ LGC ” , as hereinafter defined , at the time of sale , provided such interest rate does not exceed five percent 50 Principal and interest shall be payable in lawful money of the United States of America Initially , one certificate for the Notes will be issued to The Depository Trust Company , New York , New York “ DTC ” , and immobilized in its custody So long as DTC is securities depository for the Notes , a book - entry system will be employed , evidencing ownership of the Notes in principal amounts of 100,000 and integral multiples of 1,000 in excess of 100,000 , with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants Interest on the Notes will be payable to DTC or its nominee as registered owner of the Notes Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC ; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners The District will not be responsible or liable for maintaining , supervising or reviewing the records maintained by DTC , its participants or persons acting through such participants In the event that a DTC determines not to continue to act as securities depository for the Notes or b the Chairman determines that continuation of the book - entry system of evidence and transfer of ownership of the Notes would adversely affect the interest of the beneficial owners of the Notes , the District will discontinue the book - entry system with DTC If the District fails to identify another qualified securities depository to replace DTC , the District will authenticate and deliver replacement Notes in the form of fully registered certificates , and registration of transfer of the Notes will be provided for 3 The Notes will not be subject to redemption prior to maturity 4 The Notes shall be signed by the manual signature of the Chairman , shall be countersigned by the manual signature of the Clerk and the District own seal shall be affixed thereon The Notes shall not be valid until they have been endorsed by the signature of the authorized representative of the LGC 5 The full faith and credit and taxing power of the District are hereby irrevocably pledged for the payment of principal of and interest on the Notes Unless other funds are lawfully available and appropriated for timely payment of the Notes , the Board shall levy and collect taxes and raise other revenues for payment of the principal of and interest on the Notes , as the same become due and payable 6 The LGC is hereby requested to sell the Notes in the aggregate principal amount of 2,924,000 7 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Notes are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the notes to be “ arbitrage bonds ” within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended the “ Code ” , or otherwise cause interest on the Notes to be includable in the gross income of the holders thereof 8 The Board hereby covenants that it will not permit the gross proceeds of the Notes to be used in any manner that would result in either a 5 or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a governmental unit as provided in Section 141 b of the Code , b 5 of such proceeds being used with respect to any “ output facility ” other than a facility for the furnishing of water , within the meaning of Section 141 b 4 of the Code , or c 5 or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141 c of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the notes and that any such restriction is not required to prevent the interest on the Notes from being includable in the gross income of the registered owners thereof under existing statutes , the Board need not comply with such restriction 9 The Notes are hereby designated as “ qualified tax - exempt obligations ” for purposes of Section 265 b 3 of the Code a The Board will in no event designate more than 10,000,000 of obligations as qualified tax - exempt obligations in 2003 , including the Notes , for the purpose of such Section 265 b 3 ; b The District and all its “ subordinate entities ” within the meaning of Section 265 b 3 of the Code have not issued more than 10,000,000 of tax - exempt obligations in 2003 not including “ private activity bonds , ” as defined in Section 141 of the Code , other than “ qualified 501 c 3 bonds , ” as defined in Section 145 of the Code , including the Notes ; c Barring circumstances unforeseen as of the date of delivery of the Notes , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2003 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 10,000,000 of tax - exempt obligations in 2003 not including private activity bonds other than qualified 501 c 3 bonds , including the Notes ; andPage415 August 11 , 2003 Continued d The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2003 in an aggregate amount that will exceed such 10,000,000 limit ; provided , however , that if the Board receives an opinion of Hunton & Williams LLP , Raleigh , North Carolina , or other bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or c above is not required for the Notes to be qualified tax - exempt obligations , the Board need not comply with such restriction 10 The Board hereby represents and covenants as follows a The District and all its “ subordinate entities ” within the meaning of Section 148 f 4 D ii of the Code have not issued more than 5,000,000 of tax - exempt obligations in 2003 not including private activity bonds , including the Notes ; b Barring circumstances unforeseen as of the date of delivery of the Notes , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2003 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 5,000,000 of tax - exempt obligations in 2003 not including private activity bonds , including the Notes ; c The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2003 in an aggregate amount that will exceed such 5,000,000 limit ; d At least 95 of the proceeds of the Notes shall be used for “ local government activities ” of the District within the meaning of Section 148 f 4 iii of the Code ; provided , however , that if the Board receives an opinion of Hunton & Williams LLP , Raleigh , North Carolina , or other bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b above will not prevent the District from having to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Notes , the Board need not comply with such restriction 11 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Notes prepared and to execute the Notes and to deliver the Notes to the State Treasurer of North Carolina for delivery to the purchaser or purchasers to whom they may be sold by the LGC 12 All other actions of officers of the District in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Notes are hereby approved and confirmed 13 Such officers of the District as may be requested are hereby authorized and directed to execute appropriate closing papers including a certificate setting forth the expected use and investment of the proceeds of the Notes in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto , applicable to “ arbitrage bonds ” Such papers and certificates shall be in such form as may be requested by bond counsel for the District 14 This resolution , in particular Section 2 hereof , constitutes a system of registration for the Notes pursuant to NCGS § 159E - 4 The District agrees to make appropriate event disclosure if required by SEC Rule 15c2 - 12 15 All resolutions or parts of resolutions in conflict herewith are hereby repealed 16 This resolution shall take effect immediately B Sitting as the Ingrams Township Water District Board Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore and carried by unanimous vote the Board adopted the following resolution authorizing the issuance and sale of Bond Anticipation Notes for the Ingrams Township Water District The following resolution was discussed and its title was read RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES OF THE INGRAMS TOWNSHIP WATER DISTRICT OF JOHNSTON COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT OF 2,807,000 WHEREAS , the Bond Order hereinafter described was adopted by the Board of Commissioners of Johnston County the “ Board ” , acting as the governing body of the Ingrams Township Water District of Johnston County the “ District ” on October 2 , 2000 , and approved by a majority of the qualified voters of the District voting thereon at a referendum held on January 23 , 2001 ; and WHEREAS , the Board desires to provide for the issuance of 2,807,000 in water bond anticipation notes pursuant to said Bond Order in order to finance certain costs of a water system for the District the “ Project ” ; NOW , THEREFORE , the Board of Commissioners of Johnston County , acting as the governing body of the Ingrams Township Water District of Johnston County , meeting in regular session in Smithfield , North Carolina , on August 11 , 2003 , do the following Page416 August 11 , 2003 Continued BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY , ACTING AS THE GOVERNING BODY OF THE INGRAMS TOWNSHIP WATER DISTRICT OF JOHNSTON COUNTY , NORTH CAROLINA 1 The District shall issue its general obligation water bond anticipation notes in an aggregate principal amount of 2,807,000 the “ Notes ” pursuant to and in accordance with the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE INGRAMS TOWNSHIP WATER DISTRICT IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF 5,700,000 FOR THE PURPOSE OF FINANCING , IN PART , THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF A WATER SYSTEM IN THE DISTRICT ” 2 The Notes shall be dated September 3 , 2003 or another date agreed to by the Chairman , shall be numbered appropriately and shall be substantially in the form of note attached hereto as Exhibit A The Notes shall mature and bear interest payable on June 2 , 2004 or another date agreed to by the Chairman The Notes shall bear interest at such rate as shall be determined by the Chairman and the North Carolina Local Government Commission the “ LGC ” , as hereinafter defined , at the time of sale , provided such interest rate does not exceed five percent 50 Principal and interest shall be payable in lawful money of the United States of America Initi a lly , one certificate for the Notes will be issued to The Depository Trust Company , New York , New York “ DTC ” , and immobilized in its custody So long as DTC is securities depository for the Notes , a book - entry system will be employed , evidencing ownership of the Notes in principal amounts of 100,000 and integral multiples of 1,000 in excess of 100,000 , with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants Interest on the Notes will be payable to DTC or its nominee as registered owner of the Notes Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC ; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners The District will not be responsible or liable for maintaining , supervising or reviewing the records maintained by DTC , its participants or persons acting through such participants In the event that a DTC determines not to continue to act as securities depository for the Notes or b the Chairman determines that continuation of the book - entry system of evidence and transfer of ownership of the Notes would adversely affect the interest of the beneficial owners of the Notes , the District will discontinue the book - entry system with DTC If the District fails to identify another qualified securities depository to replace DTC , the District will authenticate and deliver replacement Notes in the form of fully registered certificates , and registration of transfer of the Notes will be provided for 3 The Notes will not be subject to redemption prior to maturity 4 The Notes shall be signed by the manual signature of the Chairman , shall be countersigned by the manual signature of the Clerk and the District own seal shall be affixed thereon The Notes shall not be valid until they have been endorsed by the signature of the authorized representative of the LGC 5 The full faith and credit and taxing power of the District are hereby irrevocably pledged for the payment of principal of and interest on the Notes Unless other funds are lawfully available and appropriated for timely payment of the Notes , the Board shall levy and collect taxes and raise other revenues for payment of the principal of and interest on the Notes , as the same become due and payable 6 The LGC is hereby requested to sell the Notes in the aggregate principal amount of 2,807,000 7 The Board covenants on behalf of the District that so long as any of the installments of principal and interest on the Notes are outstanding and unpaid , the District shall not take or omit to take any action the taking or omission of which will cause the notes to be “ arbitrage bonds ” within the meaning of Section 148 of the Internal Revenue Code of 1986 , as amended the “ Code ” , or otherwise cause interest on the Notes to be includable in the gross income of the holders thereof 8 The Board hereby covenants that it will not permit the gross proceeds of the Notes to be used in any manner that would result in either a 5 or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a governmental unit as provided in Section 141 b of the Code , b 5 of such proceeds being used with respect to any “ output facility ” other than a facility for the furnishing of water , within the meaning of Section 141 b 4 of the Code , or c 5 or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141 c of the Code ; provided , however , that if the Board receives an opinion of bond counsel acceptable to the registered owners of the notes and that any such restriction is not required to prevent the interest on the Notes from being includable in the gross income of the registered owners thereof under existing statutes , the Board need not comply with such restriction 9 The Notes are hereby designated as “ qualified tax - exempt obligations ” for purposes of Section 265 b 3 of the Code a The Board will in no event designate more than 10,000,000 of obligations as qualified tax - exempt obligations in 2003 , including the Notes , for the purpose of such Section 265 b 3 ;PagePage pageNumber5417 August 11 , 2003 Continued b The District and all its “ subordinate entities ” within the meaning of Section 265 b 3 of the Code have not issued more than 10,000,000 of tax - exempt obligations in 2003 not including “ private activity bonds , ” as defined in Section 141 of the Code , other than “ qualified 501 c 3 bonds , ” as defined in Section 145 of the Code , including the Notes ; c Barring circumstances unforeseen as of the date of delivery of the Notes , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2003 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 10,000,000 of tax - exempt obligations in 2003 not including private activity bonds other than qualified 501 c 3 bonds , including the Notes ; and d The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2003 in an aggregate amount that will exceed such 10,000,000 limit ; provided , however , that if the Board receives an opinion of Hunton & Williams LLP , Raleigh , North Carolina , or other bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b or c above is not required for the Notes to be qualified tax - exempt obligations , the Board need not comply with such restriction 10 The Board hereby represents and covenants as follows a The District and all its “ subordinate entities ” within the meaning of Section 148 f 4 D ii of the Code have not issued more than 5,000,000 of tax - exempt obligations in 2003 not including private activity bonds , including the Notes ; b Barring circumstances unforeseen as of the date of delivery of the Notes , the Board will not approve the issuance of tax - exempt obligations of the District or such subordinate entities if the issuance of such tax - exempt obligations would , when aggregated with all other tax - exempt obligations theretofore issued in 2003 by the District and such subordinate entities , result in the District and such subordinate entities having issued a combined total of more than 5,000,000 of tax - exempt obligations in 2003 not including private activity bonds , including the Notes ; c The Board has no reason to believe that the District and such subordinate entities will issue tax - exempt obligations in 2003 in an aggregate amount that will exceed such 5,000,000 limit ; d At least 95 of the proceeds of the Notes shall be used for “ local government activities ” of the District within the meaning of Section 148 f 4 iii of the Code ; provided , however , that if the Board receives an opinion of Hunton & Williams LLP , Raleigh , North Carolina , or other bond counsel acceptable to the registered owners of the Notes that compliance with any restriction set forth in b above will not prevent the District from having to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Notes , the Board need not comply with such restriction 11 The Chairman and the Clerk are hereby authorized and directed to take all proper steps to have the Notes prepared and to execute the Notes and to deliver the Notes to the State Treasurer of North Carolina for delivery to the purchaser or purchasers to whom they may be sold by the LGC 12 All other actions of officers of the District in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Notes are hereby approved and confirmed 13 Such officers of the District as may be requested are hereby authorized and directed to execute appropriate closing papers including a certificate setting forth the expected use and investment of the proceeds of the Notes in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto , applicable to “ arbitrage bonds ” Such papers and certificates shall be in such form as may be requested by bond counsel for the District 14 This resolution , in particular Section 2 hereof , constitutes a system of registration for the Notes pursuant to NCGS § 159E - 4 The District agrees to make appropriate event disclosure if required by SEC Rule 15c2 - 12 15 All resolutions or parts of resolutions in conflict herewith are hereby repealed 16 This resolution shall take effect immediately Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Buffalo Water District Board and the Ingrams Township Water District Board adjourned and regular session was resumed 3 Public Hearing - Rezoning Cases & Special Use Permit Request Advertised - In the Smithfield Herald - July 25 , 2003 and August 1 , 2003 Certified letters were mailed to adjoining property owners on July 31 , 2003 and notices posted at the locations on July 29 , 2003 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on the following rezoning and special use cases PagePage pageNumber6418 August 11 , 2003 Continued Case 03 - 15 Petition to rezone approximately 1105 acres located on County Line Road SR 1623 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Petitioner Owner Roland Thomas Terry Planning Director , Steven Finn pointed out the property on the GIS map and noted it is located off County Line Road near Massengill Pond and Ridge Roads The surrounding zoning is agricultural residential The aerial image was displayed on the map to show the arena , the applicant’s residence , the access road that comes out to County Line Road , and the surrounding residences Sharon Terry , wife of the owner applicant , gave a brief history of the case She explained that when the arena was enclosed in 1999 , the Planning Department told them that rezoning was not needed Now , they are being told that they are out of compliance Ms Terry noted at the Planning Board meeting there were questions about the access road along the 30 easement from County Line Road She stated in a few places it is not quite 30 , but they have been told it is sufficient for two vehicles She and her husband have widened it as much as possible , and they keep the road graveled and maintained at all times She voiced frustration with what she referred to as harassment from some of the neighbors She noted there seems to be particular opposition to them holding events for the Hispanic community , and maintained if they are required to close early on Sundays , they will no longer be able to hold such events Ms Terry concluded by stating she and her husband are trying to run a nice , clean business , and asked the Board to allow them to continue Johnny Howard , 3110C County Line Road , stated his home is located approximately 140 directly behind the arena building He noted the music is so loud that the walls in his house rattle There is a lot of drinking , and at some events , male patrons have come behind the building , in site of his home , to urinate At one event , over 50 law enforcement people came in order to handle a situation that got out of control He admitted to calling the law on a number of occasions , and stated he would continue to do so when he felt he had good reason He asked the Board , if they approve the rezoning , to impose the conditions that were recommended by the Planning Board Maria Howard , 3110 E County Line Road , stated she lives within 500 of the arena She noted the early events were nice , the music was not so loud , and everyone enjoyed it Now , however , the operations have changed and the music is too loud and there is too much alcohol consumption She finds beer bottles in her yard , and has had some property damage due to people driving recklessly She also voiced concern about the road accessibility and the environmental impact of runoff She noted that further back on the road , only one vehicle can traverse at a time , which could create a safety issue if emergency vehicles were needed , and since the arena has been built , there is no vegetation to prevent runoff from running down the roadbed Ms Howard stated she wishes to co - exist with the Terrys , and asked the Board , if they approve the rezoning , to impose the conditions recommended by the Planning Board Thomas Perkins , 3781 County Line Road , stated he has lived at this address for 20 years He noted he does not know either the Terrys or the Howards , but has been affected by the events at the arena He stated he has been awakened by the loud noise , and has , on occasion , called in complaints John West , who owns the property at 3110H County Line Road , stated he left the community because of the Terrys He referenced an incident when his wife and Mr Terry had a confrontation , to which the Sheriff’s Department was dispatched He stated , in his opinion , the Sheriff’s Department was not responsive to his needs In response to a question from Commissioner Thomas M Moore , Mr Finn explained the Terrys have a liquor license since they have food service in the arena As for comments from those present that the arena could be used for different events such as a flea market , it was noted if approved , the only uses would be those included in the petition Mr Finn stated the Planning Board recommended approval by unanimous vote The Chairman recessed the Rezoning Public Hearing - Case 03 - 15PagePage pageNumber7419 August 11 , 2003 Continued Decision on Rezoning Case 03 - 15 Case 03 - 15 Petition to rezone approximately 1105 acres located on County Line Road SR 1623 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Petitioner Owner Roland Thomas Terry Commissioner Allen L Mims , Jr stated , in his opinion , the problems can be addressed , therefore he moved the Board approve rezoning case 03 - 15 for petitioner owner Roland Thomas Terry of approximately 1105 acres located on County Line Road SR 1623 in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Wade M Stewart , Allen L Mims , Jr , W Ray Woodall and Jeffrey P Carver Nays Thomas M Moore The Chairman opened the Special Use Permit Hearing - Case 03 - 15 Case 03 - 15 Special Use Permit Application for a mobile home residence for security , rodeo live music indoors , grill - restaurant , tractor pulls , on approximately 1105 acres located on County Line Road SR 1623 in Pleasant Grove Township Applicant Roland Thomas Terry Those wishing to speak on special use permit case 03 - 15 were sworn in by the Clerk to Board Mr Finn entered the following summary of evidence on Case 03 - 15 into the record A pre - application consultation was held with the applicant for Case 03 - 15 on March 20 , 2003 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 if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater , and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On May 20 , 2003 , the Johnston County Planning Board held a public hearing regarding this case They recommended approval of rezoning by a vote of 7 - 0 to General Business - Special Use District , and recommended a special use permit for a mobile home residence for security , rodeo , live music indoors , grill - restaurant , tractor pulls based on the following findings of fact and special conditions Findings of Fact 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; andPagePage pageNumber8420 August 11 , 2003 Continued 6 That the proposed use will provide amusement value that would add to the quality of life in Johnston County Special Conditions 1 Installation of an 8 foot high , solid fence between the Terry property and Howard property 2 Installation of a Class B buffer around the central building and non - fenced zoning parcel lines 3 Property owner be required to notify the Planning and Zoning Department two weeks prior to any rodeo , concert , or tractor pull events 4 Submit legal contract pertaining to the procurement of authorized security during activities Number of needed security officers based on the Johnston County Sheriff’s Office determination and be incorporated into the final adoption by the Board of County Commissioners 5 Existing off premise signage must be removed as ordinance does not allow it 6 Existing signage on property must be brought into compliance , and setbacks met 7 Current liability insurance coverage be on file with the Planning and Zoning Department in the minimum amount of 1,000,00000 8 Assure free and clear access to adjacent property owners No parking on the easement 9 Hours of Operation Monday - Saturday , no activity after 11 00 pm , Sunday No activity after 6 00 pm The sale of alcohol shall cease at least 30 minutes prior to closing 10 No more than nine events a year consisting of a significant live music component 11 Existing mobile home should only be used for residence of an on site security personnel in lieu of wages Mobile home should be brought to all codes of Johnston County 12 Fences shall be maintained in a reasonable manner for all commercial livestock 13 Property is restricted to the uses of this permit only 14 No external speakers shall be mounted on the outside of the building 15 Dedicate a parking area with adequate buffering to be shown on a site plan and approved by staff Sharon Terry stated she thought at first that this would be a general rezoning , and did not understand that conditions would be added She pointed out she and her husband have people calling about clinics , horse shows , etc and asked if these would be allowed since they are not specifically referenced in the petition Mr Finn explained that things like barrel racing , horse shows , etc would fall under rodeo A flea market would not He stressed that if there was a question , his office would make the decision Ms Terry asked about overnight events She noted on occasion , competition events take place over a weekend People bring in RV’s , and generators to stay throughout the event They have checked with their insurance and found that they are covered for such situations Mr Finn stated , in his opinion , this is a grey area , which he would need more information about before determining whether it relates to the rodeo events or would be considered a campground This rezoning has not been considered for a campground Commissioner Wade M Stewart suggested this would be something that would have to be considered at a later time Commissioner Jeffrey P Carver pointed out the core business in this case is a rodeo , and there are other places for people involved to stay if they need to remain in the area overnight Commissioner Stewart reminded Ms Terry of the need for everyone to respect the rights of their neighbors If the request is approved , he asked her to take the concerns that have been expressed into account and try to alleviate them if at all possible Ms Terry agreed and noted at a recent event , there were no complaints She stated she and her husband were trying to make things better In response to a question from Commissioner Thomas M Moore concerning security , she noted the promoters pay off - duty officers to cover the events Commissioner Stewart pointed out the recommended conditions state that the number of security officers shall be determined by the Sheriff’s Department Mr Finn asked Ms Terry if she was comfortable with the proposed conditions Ms Terry responded the stipulation concerning notifying the Planning Department two weeks in advance of any event would be difficult since some events are scheduled in a shorter time period than that She noted , however , that they would stay in contact with the Sheriff’s Department and the Planning Department There being no further comments , the Chairman recessed the hearing for Special Use Case 03 - 15 PagePage pageNumber9421 August 11 , 2003 Continued Decision on Special Use Permit Case 03 - 15 Case 03 - 15 Special Use Permit Application for a mobile home residence for security , rodeo live music indoors , grill - restaurant , tractor pulls , on approximately 1105 acres located on County Line Road SR 1623 in Pleasant Grove Township Applicant Roland Thomas Terry Commissioner Allen L Mims , Jr noted he has listened to this case both at the Planning Board stage and again at this hearing Although the Terrys might not like all the conditions imposed , the neighbors also have issues that they don’t like as well , therefore , based upon the following Findings of Fact and with the special conditions attached , he moved the Board authorize the Planning Department to issue a special use permit for applicant Roland Thomas Terry for a mobile home residence for security , rodeo , live music indoors , grill - restaurant and tractor pulls on County Line Road SR 1623 in Pleasant Grove Township Commissioner Jeffrey P Carver seconded the motion Discussion Commissioner Wade M Stewart agreed and noted there is some history to this case - some good and some not quite so good While some of the special conditions seem tight , given the circumstances it is best for everyone to start like this , and if in time the concerns of the neighbors are alleviated , then maybe the Terrys can request amendments to the permit Commissioner Thomas M Moore stated he opposes this request because from what he can see this use is not compatible with the neighbors He questions how this would enhance the community Vote The motion carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Allen L Mims , Jr , Wade M Stewart , W Ray Woodall and Jeffrey P Carver Nays Thomas M Moore Findings of Fact 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 The use as proposed complies with all required use and intensity regulations of the Johnston County Development Code ; and 6 That the proposed use will provide amusement value that would add to the quality of life in Johnston County Special Conditions 1 Installation of an 8 foot high , solid fence between the Terry property and Howard property 2 Installation of a Class B buffer around the central building and non - fenced zoning parcel lines 3 Property owner be required to notify the Planning and Zoning Department two weeks prior to any rodeo , concert , or tractor pull events 4 Submit legal contract pertaining to the procurement of authorized security during activities Number of needed security officers based on the Johnston County Sheriff’s Office determination and be incorporated into the final adoption by the Board of County Commissioners 5 Existing off premise signage must be removed as ordinance does not allow it 6 Existing signage on property must be brought into compliance , and setbacks met 7 Current liability insurance coverage be on file with the Planning and Zoning Department in the minimum amount of 1,000,00000 Page0422 August 11 , 2003 Continued 8 Assure free and clear access to adjacent property owners No parking on the easement 9 Hours of Operation Monday - Saturday , no activity after 11 00 pm , Sunday No activity after 6 00 pm The sale of alcohol shall cease at least 30 minutes prior to closing 10 No more than nine events a year consisting of a significant live music component 11 Existing mobile home should only be used for residence of an on site security personnel in lieu of wages Mobile home should be brought to all codes of Johnston County 12 Fences shall be maintained in a reasonable manner for all commercial livestock 13 Property is restricted to the uses of this permit only 14 No external speakers shall be mounted on the outside of the building 15 Dedicate a parking area with adequate buffering to be shown on a site plan and approved by staff The Chairman reopened the Rezoning Public Hearing - Case 03 - 20 Case 03 - 20 Petition to rezone approximately 286 acres located on Harris - Wilson Road SR 1725 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Petitioner AT & T Wireless , C O Lewis Johnson , WFI Owners Tony and Billie Wilson Mr Finn pointed out the property on the GIS map and noted this case is the first of five requests before the Board tonight from AT & T for wireless telecommunications towers This site is located near NC Hwy 231 and Applewhite Road in the Wendell Community The surrounding zoning is AR with several nearby subdivisions Jeff Bandini , attorney with Parker , Poe , Adams & Bernstein , who was representing AT & T on all five sites , gave the following general information and asked that it be considered as pertinent for each of the cases General Information to be applicable to Cases 03 - 20 , 03 - 21 , 03 - 22 , 03 - 23 , 03 - 24 Mr Bandini explained these towers are part of a plan by AT & T to expand cellular coverage in Johnston County He noted that NC law entitles AT & T to special use permits if they can demonstrate competent , substantial and material evidence that the requests meet the requirements in the County’s zoning ordinance He maintained that each of the sites meet both the general standards outlined in Section 14 - 252 and the specific standards in Section 14 - 257 O for telecommunications towers He introduced the following three people to demonstrate how these sites comply with the standards required Lewis Johnson , site acquisition specialist with Wireless Facilities , a company working for AT & T in the expansion project ; Arvind Maral , radio frequency analyst , and Thomas Hester , appraiser with Hester and Company in Raleigh Lewis Johnson stated the five towers will maintain or promote the public health , safety and general welfare as wireless communications is a vital part of emergency communications In no case are there any residences within or near the fall zone of each of the towers , and the fall zone of each does not cross any property line He noted each of the sites conform with the plans for the physical development of the County as they have been chosen to be as visually unobtrusive as possible so that they will not have an adverse visual effect on the surrounding areas The towers will be designed to allow five co - located antenna arrays in addition to the AT & T equipment They will not be lighted and will require only one maintenance visit per month Arvind Maral explained that all five sites will comply with all FCC and ANSI standards He pointed out on a map how each of these towers are needed to work with other sites where AT & T has been able to co - locate in order to provide substantial coverage of the AT & T targeted coverage area In each incidence , AT & T has looked for other structures in the vicinity on which to co - locate these facilities , but has found none they consider suitable Tom Hester , stated that as a State certified appraiser , based on his extensive study of existing tower locations in similar areas , in his opinion the five proposed tower sites would have no adverse impact on sale prices for the immediately adjacent properties , and no negative impact on the adjacent or nearby properties Mr Bandini explained with each case , an aerial photograph of the site would be provided and a notebook with all supporting materials Page1423 August 11 , 2003 Continued Specific Information about Case 03 - 20 - Harris - Wilson Road Site The notebook with information on this case was passed out to Board members and staff Mr Lewis pointed out the site on the aerial photograph and noted the proposed site is located on a 48 acre tract that is split by Harris - Wilson Road and is zoned Agricultural Residential The northern portion of the property is mostly open and developed for agricultural use and the southern portion , where the tower would be sited , is heavily wooded and undeveloped The tower would be approximately 650 feet off the road in a clearing bordered on all sides by trees The properties surrounding the site are primarily undeveloped or farm land Mr Finn stated the Planning Board recommended approval with conditions as recommended by Trigon Engineering Consultants The Chairman recessed the Rezoning Public Hearing - Case 03 - 20 Decision on Rezoning Case 03 - 20 Case 03 - 20 Petition to rezone approximately 286 acres located on Harris - Wilson Road SR 1725 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Petitioner AT & T Wireless , C O Lewis Johnson , WFI Owners Tony and Billie Wilson Upon a motion by Commissioner Cookie Pope , seconded by W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 03 - 20 for owners , Tony and Billie Wilson and petitioner AT & T Wireless , c o Lewis Johnson , WFI , of approximately 286 acres located on Harris - Wilson Road SR 1725 in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman re - opened the Special Use Permit Hearing - Case 03 - 20 Case 03 - 20 Special Use Permit Application to allow for the construction of a wireless telecommunications facility tower on approximately 286 acres located on Harris - Wilson Road SR 1725 in Wilders Township Applicant AT & T Wireless , C O Lewis Johnson , WFI Those wishing to speak on special use permit case 03 - 20 were sworn in by the Clerk to Board Attorney Jeff Bandini asked that the general information given above on the five cases be included as sworn testimony on this case Mr Finn entered the following summary of evidence on Case 03 - 20 into the record A pre - application consultation was held with the applicant for Case 03 - 20 on April 10 , 2003 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 if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater , and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 17 , 2003 , the Johnston County Planning Board held a public hearing regarding this case They recommended approval of rezoning by a vote of 8 - 0 to Agricultural Residential - Special Use District and recommended approval for a special use permit for the construction of a wireless telecommunications facility based on the following findings of fact and special conditions Page2424 August 11 , 2003 Continued Findings of Fact 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 That the use as proposed will not adversely affect adjacent properties ; and 6 That the use as proposed will benefit wireless communications in this area of Johnston County for residents and the traveling public Special Conditions 1 The Phase 1 Environmental Assessment & NEPA Checklist is provided prior to issuing a building permit 2 The foundation design and Geo tech report is provided prior to issuing a building permit 3 The FAA Registration Letter is provided prior to issuing a building permit 4 The Performance Security Bond is provided prior to issuing a building permit 5 The Certificate of Insurance is provided prior to issuing a building permit The Chairman recessed the Special Use Permit Hearing - Case 03 - 20 Decision On Application For Special Use Permit - Case 03 - 20 Case 03 - 20 Special Use Permit Application to allow for the construction of a wireless telecommunications facility tower on approximately 286 acres located on Harris - Wilson Road SR 1725 in Wilders Township Applicant AT & T Wireless , C O Lewis Johnson , WFI Based on the following Findings of Fact and with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to applicant AT & T Wireless , c o Lewis Johnson , WFI for the construction of a wireless telecommunications facility tower on Harris - Wilson Road SR 1725 in Wilders Township Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Findings of Fact 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 That the use as proposed will not adversely affect adjacent properties ; and 6 That the use as proposed will benefit wireless communications in this area of Johnston County for residents and the traveling public Special Conditions 1 The Phase 1 Environmental Assessment & NEPA Checklist is provided prior to issuing a building permit 2 The foundation design and Geo tech report is provided prior to issuing a building permit 3 The FAA Registration Letter is provided prior to issuing a building permit 4 The Performance Security Bond is provided prior to issuing a building permit 5 The Certificate of Insurance is provided prior to issuing a building permit Page3425 August 11 , 2003 Continued The Chairman re - opened the Rezoning Public Hearing - Case 03 - 21 Case 03 - 21 Petition to rezone approximately 286 acres located on Josephine Road SR 1526 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Petitioner AT & T Wireless , C O Lewis Johnson , WFI Owner Catherine L Johnson Mr Finn pointed out this property on the GIS map Again Mr Bandini asked that all previous information be considered as sworn testimony in this case A notebook with information on this case was passed out to the Board members and staff Mr Lewis Johnson pointed out the proposed tower site on the aerial photograph He noted the site is located on a 74 acre tract that is zoned AR The tract is undeveloped and heavily wooded on three sides The tower would be placed approximately 360 off Josephine Road and would be separated from any surrounding development by a buffer of trees He noted that AT & T does not feel this site could be a co - location with another structure in the vicinity Mr Maral explained that four structures in the vicinity were considered as possible co - location sites None of the structures proved to be suitable as they would not adequately support the coverage in the target area Lewis Wood of 1437 Cornwallis Road , Garner , stated he was approached by AT & T some time ago about having a tower on his property He turned down the offer based on the belief that it would reduce the value of his land Now the site they have chosen is directly across the road from other property he owns He stated he is not opposed to the tower but wondered if it could be placed near the creek , away from the road so it will not impact his property Commissioner Cookie Pope asked if moving the tower site back to the trees would be possible Commissioner Allen L Mims , Jr responded the elevation drops considerably as you move toward the woods , and if the tower was put there , it would have to be taller and would therefore have to be lighted Chairman Langdon agreed and noted that the monopole towers that are proposed are not recommended if the height is much above 200 Lewis Johnson , representing AT & T pointed out that even if the site was moved closer to the trees , it would still be the same visual height Don Rogers , 150 Fox Glove Drive , Garner , asked to see exactly where the proposed tower would be located on the property He noted it was difficult to determine this on the map he received in the mail After viewing the aerial map , he stated his house is located approximately 500 from the proposed site , and maintained that even though there are trees as a buffer , once the leaves fall from the trees , the tower will be very visible He stated that had he known this was going to happen , he would not have built at his current location Commissioner Mims stated he understands Mr Rogers position , but the County is required to have the towers some place Staff has worked hard on the ordinance to make sure every precaution is taken in locating tower sites The County has a consulting firm , Trigon Engineering , that thoroughly reviews all cell tower requests prior to them coming to the Planning Board Mr Finn stated the Planning Board recommended approval of the rezoning case The Chairman recessed the Rezoning Public Hearing - Case 03 - 21 Decision on Rezoning Case 03 - 21 Case 03 - 21 Petition to rezone approximately 286 acres located on Josephine Road SR 1526 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Petitioner AT & T Wireless , C O Lewis Johnson , WFI Owner Catherine L Johnson Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 03 - 21 for owner , Catherine L JohnsonPage4426 August 11 , 2003 Continued and petitioner , AT & T Wireless , c o Lewis Johnson , WFI of approximately 286 acres located on Josephine Road SR 1526 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman re - opened the Special Use Permit Hearing - Case 03 - 21 Case 03 - 21 Special Use Permit Application to allow for the construction of a wireless telecommunications facility tower on approximately 286 acres located on Josephine Road SR 1526 in Cleveland Township Applicant AT & T Wireless , C O Lewis Johnson , WFI Those wishing to speak on special use permit case 03 - 21 were sworn in by the Clerk to Board Attorney Jeff Bandini asked that the general information given earlier in the meeting on the five cases be included as sworn testimony on this case Mr Finn entered the following summary of evidence on Case 03 - 21 into the record A pre - application consultation was held with the applicant for Case 03 - 21 on April 10 , 2003 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 if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater , and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 17 , 2003 , the Johnston County Planning Board held a public meeting regarding this case They recommended approval of rezoning by a vote of 7 - 1 to Agricultural Residential - Special Use District and a special use permit for the construction of a wireless telecommunications facility based on the following Findings of Fact and special conditions Findings of Fact 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 as embodied in the Johnston County Land Development Code , the Design Manual , or other development policies as adopted by the Board of Commissioners ; 5 That the use as proposed will not adversely affect adjacent properties ; and 6 That the use as proposed will benefit wireless communications in this area of Johnston County for residents and the traveling public Special Conditions 1 The Phase 1 Environmental Assessment & NEPA Checklist is pr