October 8, 2001 - 7:00 pm - County Board of Commissioners Meeting Minutes (Special Meeting)

10 696 October 8 , 2001 Special Meeting The Johnston County Board of Commissioners met in special session on Monday , October 8 , 2001 at 6 30 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , for the purpose of holding a public hearing on a proposed amendment to the Johnston County Development Ordinance Those present were Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Fred Smith and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , J Mark Payne , County Attorney , and John R Massey , Finance Officer Public Hearing - Proposed Amendment to Development Ordinance - Article 6 , Sec 712 Advertised - The Smithfield Herald - 9 14 01 and 9 21 01 The Chairman opened the public hearing and invited anyone who wished to address the Board on the proposed amendment to Article 6712 concerning special use permits for cellular towers Assistant Planning Director , Dave Roesler , briefly reviewed the proposed amendment and noted the objective was to find a fair and consistent way of handling special use permit requests for cellular tower sites He introduced Rusty Monroe of Monroe Telecom Consultants , and Roy G Sowers , Jr with Trigon Engineers , consultants for the County Mr Monroe explained the proposed amendment would establish standards and allow the consultant to thoroughly evaluate applications prior to them being brought to the Board Each applicant would be required to pay a fee that would be set aside in an escrow account to pay the consultant for each case Gray Styers of Raleigh , attorney representing several telecommunication companies , commended the Board on their efforts to better identify cellular sites , and noted the goals of fairness and consistency are admirable He questioned , however , the lack of specificity in the ordinance concerning landscaping and other requirements He stated , in his opinion , there are several areas where the language is so vague , it is difficult to know what is expected by the applicant , and noted no specific application fees or performance bond amounts are stated He suggested there should have been some input from the industry in developing this , and asked the Board to table a decision until a workshop is scheduled to allow feedback from those who will be most affected by the ordinance Mr Roesler responded that detailed information such as landscaping , sign requirements , etc are specific in the County’s design manual and would be required on the site plan The ordinance only establishes the authority to set fees ; the exact fees will be set up in a fee schedule that allows for changes as needed He noted a committee of people worked together and considered a number of existing ordinances in developing this proposal Jim Jenkins , member of the Planning Board who served on the committee considering the ordinance , pointed out the difficulty in being too specific with ordinance requirements such as landscaping since cellular tower sites can be so different On behalf of the Planning Board , he thanked the Commissioners for trying to bring clarity and stated , in his opinion , the proposed ordinance has been well thought out and is very much needed Commissioner Allen L Mims , Jr , agreed He recognized Dr Jim Causby , Superintendent of Schools , who also served on the committee , and noted school water tanks and flag poles are being considered as possible locations for cellular equipment There being no further comments , the Chairman closed the public hearing Commissioner Allen L Mims , Jr moved the Board approve the proposed amendment to the County Development Ordinance , Article 6 , Section 712 concerning special use permits for Telecommunication Towers , with the understanding that changes can be made as needed The motion died for lack of a second Discussion Page697 Commissioner Fred Smith asked for some clarification on what the ordinance will do to set standards for cellular towers Mr Monroe reviewed a number of major points that are addressed by the ordinance and pointed out specific standards are not always possible He noted the site visit and pre - application meeting would determine much of what would be required in a specific case Each situation would then be custom tailored to satisfy the County’s requirements , and at the same time meet the needs of the applicant He suggested the consultant’s role would be to make sure the Board has the information they need to make wise decisions on these cases Commissioner Wade M Stewart asked Mr Monroe to comment on the fees mentioned by Mr Styers Mr Monroe noted that application fees are revenue going to the County for covering the administrative costs associated with the application These fees are already in place at this time The other reference was to an escrow deposit , made by the applicant , that would be set aside to cover the cost of the consultant’s review of the application Depending on the completeness of the application , this account might not be used in its entirety and the balance would be refunded to the applicant The standard escrow is 8,500 In response to a question as to his hourly rate , he noted he receives 200 per hour , and all invoices are public record Commissioner Fred Smith suggested it might be more fair for the County to either have more than one consulting firm providing this service or establish a set fee Following further discussion , Commissioner Wade M Stewart moved the Board postpone a decision on the proposed amendment to the Development Ordinance - Article 6 , Section 712 concerning special use permit requests for Telecommunications Towers until a time can be set to meet with stakeholders at a special meeting Commissioner Fred Smith seconded the motion , which carried by unanimous vote Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board adjourned the special session 7 00 pm - Regular Meeting The Johnston County Board of Commissioners met in regular session , Monday , October 8 , 2001 at 7 00 pm in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Wade M Stewart , Allen L Mims , Jr , Thomas M Moore , Fred Smith and W Ray Woodall Absent None Also Present Rick Hester , County Manager , Joyce H Ennis , Clerk to the Board , J Mark Payne , County Attorney and John R Massey , Finance Director The Chairman called the meeting to order and the following business was transacted Public Comments 1 Status on Lee Road Closing Kenny Stephenson , who lives in the new subdivision on Lee Road near the closed intersection at Barber Mill Road , asked the Board for an update on getting the road reopened Board members informed Mr Stephenson they are working with the Department of Transportation on this matter , and recently sent a formal request that measures be taken to reopen the intersection Mr Stephenson thanked the Board on behalf of all the residents in the subdivision for their assistance in trying to get the road reopened Page698 2 Decision on Rezoning Case 560 Tabled Last Month Case 560 Petition to rezone approximately 675 acre located on Faith Church Road SR 1151 in Ingrams Township from Agricultural Residential to General Business - Special Use District Owner Pablo Sergio Alonso Commissioner Wade M Stewart noted he has visited the site , talked with the neighbors , and found no opposition to this request It appears Mr Alonzo is well thought of in the community , and his property has enhanced the area Therefore , Commissioner Stewart moved the Board approve rezoning case 560 for Pablo Sergio Alonso of approximately 675 acres located on Faith Church Road SR 1151 in Ingrams Township from Agricultural Residential to General Business - Special Use District Commissioner Fred Smith seconded the motion , which carried by the following vote Ayes James H Langdon , Jr , Cookie Pope , Thomas M Moore , W Ray Woodall , Wade M Stewart and Fred Smith Nays Allen L Mims , Jr Commissioner Mims asked that the record reflect that his vote was in support of the Staff and Planning Board’s unanimous recommendation for denial 3 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised and Posted as follows Cases Date Advertised Smithfield Herald Certified Letters Sent & Property Posted 560 08 28 01 & 09 04 01 08 30 01 08 28 01 565 09 21 01 & 09 28 01 09 26 01 09 21 01 566 09 25 01 & 10 02 01 09 26 01 09 21 01 552,557 09 28 01 & 10 02 01 09 26 01 09 26 01 The Chairman Opened the Public Hearing On Special Use Permit Case 560 Case 560 Special use permit application for an automotive display and automotive repair garage on approximately 675 acre located on Faith Church Road SR 1151 in Ingrams Township Owner Pablo Sergio Alonso Those wishing to speak on Case 560 were sworn in by the Clerk to Board Mr Roesler stated the Planning Board recommended denial Commissioner Wade M Stewart reviewed with the Board some proposed findings of fact that would support an approval of this special use permit and offered suggestions for special conditions that could be attached He asked Mr Alonzo if he would be satisfied with the proposed hours of operation and understood that vehicles waiting to be repaired or picked up would have to be stored inside the solid fence Mr Alonzo agreed to the conditions Following discussion , Commission Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to Pablo Sergio Alonso for an automotive display and automotive repair garage on approximately 675 acre located on Faith Church Road SR 1151 in Ingrams Township based on the following findings of facts and conditions Commissioner Cookie Pope seconded the motion , which carried by unanimous vote Findings of fact 1 That the proposed use is located and proposed to be operated so as to maintain or enhance the value of contiguous property 2 That the special use permit and site plan approval process will ensure that the proposed development will comply with all required use regulations of the Development Ordinance and standards of the County’s Design Manual 3 That the existing and proposed expansion of the use would serve the daily needs of the immediate area Special Conditions 1 Limit number of cars to be displayed 10 2 Hours & Days of operation - Monday - Friday - 8 00 am to 6 00 pm and Saturday - 8 00 am to 1 00 pm 3 Vehicles waiting to be repaired or waiting to be picked up must be stored inside the solid fence 4 The business use must be contained on the 67 tenths of an acre petitioned for rezoning specifically from the tree line separating the business from the residence to the intersection Page699 5 Must have a valid contract with a company to pick up and dispose of fluids , oil 6 Applicant must secure a land use permit through the site plan approval process The Chairman opened the rezoning public hearing Case 565 Petition to rezone approximately 64245 acres located on County Home Road SR 1503 , and Landfill Road SR 1610 , in Smithfield Township from Agricultural Residential to Industrial 2 , Special Use District Landfill Operations Owners Daniel Heavner , Cecil B Heavner , Frank Holding , Johnston County , Applicant Johnston County Mr Roesler , Assistant Planning Director , indicated the property on the GIS Map and noted it is located on County Home Road and Landfill Road between NC 210 and SR 1010 The property is bordered by Swift Creek Surrounding zoning is Agricultural Residential , Small Commercial and Mobile Home Park District County Manager , Rick Hester , explained the County felt it was critical to purchase this property to assure there will always be sufficient buffer area surrounding the landfill operations In considering long - range planning , the County had a conceptual plan drawn showing the property as it could be used in the future with large areas of natural open space as well as areas for recreational facilities Mr Hester noted the Planning Board recommended an 800 foot buffer on the property fronting NC 210 , to exclude any burying of solid waste or container compaction sites He stated , in consideration of the residents in this area , this additional requirement would not be a problem with the County Judy Kolcum , 1603 Galilee Road , stated she and others on her road did not know about this hearing until earlier today and suggested there should have been more publicity She voiced concern that developing the property as shown on the conceptual plan would create increased traffic at the intersection of NC Hwy 210 and Galilee Road , and suggested all buffer areas should be left natural with nothing to attract the public Jean McLendon , who lives on NC 210 across from the property , stated she feels the buffer in front of Hwy 210 should be increased from 800 to 1000 , and suggested a larger buffer be added on County Home Road Mr Roesler stated the Planning Board recommended approval of the rezoning by unanimous vote The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 565 Case 565 Petition to rezone approximately 64245 acres located on County Home Road SR 1503 , and Landfill Road SR 1610 , in Smithfield Township from Agricultural Residential to Industrial 2 , Special Use District Landfill Operations Owners Daniel Heavner , Cecil B Heavner , Frank Holding , Johnston County , Applicant Johnston County Upon a motion by Commissioner Fred Smith , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 565 for owners Daniel Heavner , Cecil B Heavner , Frank Holding , Johnston County and Applicant Johnston County , of approximately 64245 acres located on County Home Road SR 1503 and Landfill Road SR 1610 in Smithfield Township from Agricultural Residential to Industrial 2 , Special Use District Landfill Operations The Chairman Opened the Public Hearing on Special Use Permit Requests Those wishing to speak on Case 565 were sworn in by the Clerk to the Board Case 565 Special use permit application for a landfill operation on approximately 64245 acres located on County Home Road SR 1503 and Landfill Road SR 1610 in Smithfield Township Owners Daniel Heavner , Cecil Heavner , Frank Holding , Johnston County , Applicant Johnston County PagePage pageNumber5700 Dave Roesler , Assistant Planning Director presented the following summary of evidence on Rezoning Case # 565 and reviewed the special conditions which were recommended A pre - application hearing was held with the applicant on July 24 , 2001 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , all required notices were mailed to property owners within 500 feet , the property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On August 21 , 2001 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by unanimous vote , approval of rezoning to Industrial II Special Use District , and recommended a special use permit based on the following findings of fact and conditions with 2 additional conditions Findings of fact 1 The use of the development will be located , designed and proposed to be operated so as to maintain or promote the public health , safety , and general welfare 2 The use of the development complies with all required use and intensity regulations of Article 4 , and 8 , and the applicable specific standards contained in Sections 67 and 68 of the Johnston County Development Ordinance and with all applicable regulations ; 3 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 ; and 4 The use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Johnston County Development Ordinance , the Johnston County Strategic Plan , or other development policies as adopted by the Board of Commissioners Special Conditions 1 Setbacks Buffer Areas No land disturbance will take place within eight hundred 800 feet of the zoning line or property line of the site Within the 800 foot setback area , acceptable practices will be utilized to retain existing vegetation Within this buffer area , no disturbance or removal of vegetation will be permitted except for access roads leading from the excavation area to public roads 2 Where vegetation within the 800 foot setback buffer area does not exist , suitable vegetation will be planted to provide a dense evergreen buffer The buffer will be in place prior to the initiation of any excavation activities 3 There will be no cells and no container sites within 800 ft of NC 210 Mr Hester asked the Board to include a stipulation that County facilities could be put on the property , and further that a 10 cent surcharge be added to the landfill tipping fees beginning July 1 , 2002 for the purpose of generating funds for reclamation The Board discussed Mr Hester’s request about the surcharge It was noted that rather than put a 10 cent surcharge on the existing fee , the motion should state that 10 cents of the tipping fee , whatever that might be , would be used for recreation , not reclamation There being no further comments , the Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 565 Case 565 Special use permit application for a landfill operation on approximately 64245 acres located on County Home Road SR 1503 and Landfill Road SR 1610 in Smithfield Township Owners Daniel Heavner , Cecil Heavner , Frank Holding , Johnston County , Applicant Johnston County PagePage pageNumber6701 Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owners Daniel Heavner , Cecil Heavner , Frank Holding , Johnston County , and Applicant Johnston County , for a landfill operation on approximately 64245 acres located on County Home Road SR 1503 and Landfill Road SR 1610 in Smithfield Township based on the following findings of fact and conditions Commissioner Fred Smith seconded the motion Findings of fact 1 The use of the development will be located , designed and proposed to be operated so as to maintain or promote the public health , safety , and general welfare 2 The use of the development complies with all required use and intensity regulations of Article 4 , and 8 , and the applicable specific standards contained in Sections 67 and 68 of the Johnston County Development Ordinance and with all applicable regulations ; 3 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 ; and 4 The use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Johnston County Development Ordinance , the Johnston County Strategic Plan , or other development policies as adopted by the Board of Commissioners Special Conditions 1 Setbacks Buffer Areas No land disturbance will take place within eight hundred 800 feet of the zoning line or property line of the site Within the 800 foot setback area , acceptable practices will be utilized to retain existing vegetation Within this buffer area , no disturbance or removal of vegetation will be permitted except for access roads leading from the excavation area to public roads 2 Where vegetation within the 800 foot setback buffer area does not exist , suitable vegetation will be planted to provide a dense evergreen buffer of 100 from the property line The buffer will be in place prior to the initiation of any excavation activities this amendment was added by motion below 3 There will be no cells and no container sites within 800 ft of NC 210 4 10 cents from the tipping fee to be set aside annually in an escrow account beginning July , 2002 to generate funds for future recreational facilities on the property 5 All County facilities allowed on the property Discussion The Board discussed the amount of the 800 buffer that should be in dense evergreen Engineer Tim Broome noted that 100 of dense trees would provide a full screen from the road Behind the trees , he stated he would like to be able to plant other vegetation Following discussion , Commissioner Fred Smith moved the Board amend the motion on special condition # 2 to include that suitable vegetation be planted to provide a dense evergreen buffer of 100 feet from the property line Commissioner Allen L Mims , Jr seconded the motion to amend , which carried by unanimous vote The Chairman called for a vote on the amended motion The amended motion passed by unanimous vote The Chairman Re - Opened the Rezoning Public Hearing Case 547 Petition to rezone approximately 45 acres located on NC 50 in Meadow Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Carlton Barefoot and Edith Barefoot Applicant SBA Properties , Inc , Randy Mundt Mr Roesler indicated the property on the GIS Map and noted it is located on NC 50 Highway approximately 650 from I - 40 Surrounding zoning is Agricultural Residential , with some Commercial and General Business north of the property He also showed a map of the existing towers in the area Gray Styers of Raleigh , attorney representing the applicant , SBA Properties , Inc and Triton PCS , an affiliate of AT & T Wireless , stated that Triton is new in the area with 13 sites in Johnston County and one just over the line into Harnett County All but this one site will be co - locations on existing towers and structures He recognized Triton representatives who were present Jim Cinnamon , project manager in North Carolina , James Ingram and Michael Ladesma , radio frequency engineers , and Jack Coleman , real estate appraiser PagePage pageNumber7702 Mr Styers presented a notebook of information showing the radio frequency analysis , site plans , structural information , real estate impact report , and photographs for the site He noted this area represents a gap in coverage where no existing structure is available for co - location , and this tower will be designed for five or six systems , which will allow co - location opportunities for other providers Mr Roesler stated the Planning Board recommended approval by a vote of seven to one The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 547 Case 547 Petition to rezone approximately 45 acres located on NC 50 in Meadow Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Carlton Barefoot and Edith Barefoot Applicant SBA Properties , Inc , Randy Mundt Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 547 for Owners Carlton Barefoot and Edith Barefoot and Applicant SBA Properties , Inc , Randy Mundt of approximately 45 acres located on NC 50 in Meadow Township from Agricultural Residential to Agricultural Residential - Special Use Permit The Chairman Re - opened the Public Hearing on Special Use Permit Requests Case 547 Special use permit application for a telecommunications tower on approximately 45 acres located on NC 50 in Meadow Township Owners Carlton Barefoot and Edith Barefoot Applicant SBA Properties , Inc , Randy Mundt Those wishing to speak on Case 547 were sworn in by the Clerk to the Board Mr Roesler presented the following summary of evidence on Case 547 A pre - application hearing was held with the applicant on March 8 , 2001 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twelve 12 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , 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 April 17 , 2001 , the Johnston County Planning Department held a public meeting regarding this case and by unanimous vote , recommended tabling rezoning case 547 On May 15 , 2001 , the Johnston County Planning Board held a public meeting regarding this case , and recommended approval of the rezoning and issuance of a special use permit by a vote of 7 - 1 , based on the following findings of fact , general requirements and special conditions Findings of fact 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines PagePage pageNumber8703 Standard Requirements in the zoning ordinance for this type of rezoning 1 That the communications tower be made accessible for co - location of communications equipment by others 2 That the communications tower be so located as to provide for a “ fall - zone ” that would assure that no structure s on adjacent property be damaged if the tower should collapse or fall 3 That within six 6 months of the abandonment of the tower , or all equipment located on the tower , the tower and all support or accessory ground facilities shall be removed Special Conditions 1 250 Monopole 2 That the communications tower be constructed within twelve 12 months Mr Styers asked that his comments from the previous rezoning hearing concerning this case be considered also in this hearing He noted the Planning Board recommended a monopole , but stated that SBA would prefer a lattice tower as it would provide greater flexibility for co - location He added that he provided the County Attorney with a list of additional conditions that the company would be willing to have attached to the special use permit In response to a question from the Board , County Attorney , Mark Payne , stated he reviewed the list of additional conditions and would have no problem with them being added to the permit In response to a question from Commissioner Allen L Mims , Jr , Mr Styers stated SBA does have a signed lease from Triton PCS There being no further comments , the Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 547 Case 547 Special use permit application for a telecommunications tower on approximately 45 acres located on NC 50 in Meadow Township Owners Carlton Barefoot and Edith Barefoot Applicant SBA Properties , Inc , Randy Mundt Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote the Board authorized the Planning Department to issue a special use permit to owners , Carlton Barefoot and Edith Barefoot , and applicant , SBA Properties , Inc , Randy Mundt , for a telecommunications tower on approximately 45 acres located on NC 50 in Meadow Township based on the following findings of facts and conditions Findings of fact 1 Would be located , designed and proposed to operate so as to maintain or promote the public health , safety , and general welfare 2 Would comply with all required regulations and standards of the Development Ordinance , and all applicable provisions of Article 445 , Article 6 , Article 8 , and with all other applicable regulations 3 Would be located , designed , and operated so as to maintain or enhance the value of contiguous property ; and 4 Would conform to the general plans for the physical development of the County as embodied in the Comprehensive - Strategic Plan and the County’s Design Guidelines Special Conditions 1 Tower Height up to 250 Monopole 2 That the communications tower be constructed within twelve 12 months 3 The use of the rezoned parcel shall be limited to a telecommunication facility designed and constructed pursuant to the site plans attached to the Application and the construction drawings filed with the staff prior to receiving a Building Permit , and any such collocations so long as they do not add to the height of the tower or involve any structures outside of the fenced compound shown on the site plan ; 4 Other than the allowed collocation and any corresponding equipment placed within the fenced compound , as allowed by condition 1 above , no modification of the tower shall be allowed except by amendment to the Special Use Permit , pursuant to Johnston County’s zoning ordinances ; 5 The Applicant must record a Memorandum of Lease and a copy of the Special Use Permit with the Johnston County Register of Deeds office , placing all persons on notice of the restrictions placed on the subject tract of property 6 The tower must not be a hazard to air navigation , as determined by Federal Aviation Administration “ FAA ” and SBA must obtain all necessary licenses and permits required by the FAA PagePage pageNumber9704 7 Any lighting of the tower will not exceed the minimum requirements of the Federal Aviation Administration , and if the FAA does not require the tower to be lit , the tower shall not be lit ; 8 The structure shall not be painted and no commercial signs shall be placed thereon ; 9 No one shall be employed to work on - site on the rezoned leased property except as required for construction and for periodic inspection and maintenance thereafter ; 10 No storage yard shall be maintained on or around the rezoned property ; 11 Electromagnetic emissions from the equipment on the tower shall not interfere with consumer electronic equipment and shall at all times be less than the health and safety standards established by the American National Standards Institute ANSI ; 12 SBA shall not remove any existing vegetation around the tower except that which is necessary to remove for access to and construction of the facility ; 13 SBA must have the tower engineered and constructed to accommodate at least three telecommunications users , and make said tower available to other users at market value ; 14 As a condition of , and prior to the application for , any Building Permit to construct the Tower , SBA shall submit to the designated Johnston County official documentary evidence of a lease or other binding legal agreement contract with a telecommunications provider to place its antennas on the tower as soon as the tower is constructed or soon thereafter as practicable A building permit shall not be issued for the construction of the tower unless and until such evidence is presented 15 The Applicant must obtain the necessary approvals from all appropriate federal agencies and comply with all applicable building code requirements for the construction and operation of the proposed facility ; 16 A final zoning site inspection to verify site plan compliance must be performed before a Certificate of Compliance or Occupancy is issued by Johnston County ; 17 At the expiration of twelve 12 months after the date of issuance of the written Special Use Permit to construct the approved facility , if the Applicant has not secured all required building permits for the approved facility , the Special Use Permit will expire and thereafter be deemed null and void 18 SBA shall dismantle and remove the tower and any and all structures related to its use at such time as the tower is abandoned , becomes obsolete , or for whatever reason is no longer used for a period greater than ninety 90 days and shall notify Johnston County immediately of the discontinuance of its use 19 The County shall be allowed to place its own antennas or equipment at or on the tower , to be used solely for the County’s own communications purposes , without compensation to SBA , so long as such additional antennas or equipment do not exceed the then existing structural capacity of the tower , do not interfere with transmissions to or from antennas then existing on the tower , and do not otherwise limit SBA’s ability to provide co - location opportunities for other commercial wireless service providers SBA shall cooperate with the County and make all reasonable efforts to accommodate this free co - location of the County’s antennas or equipment 20 If any of the conditions imposed by this Special Use Permit shall be declared invalid as being beyond the authority of this Commission by any Court of competent jurisdiction , then this rezoning and Special Use Permit shall become void and of no effect The Chairman Re - opened the Rezoning Public Hearing Case 552 Petition to rezone approximately 303 acres located on NC 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Peggy Flowers , Applicant Atlantic Site Development for Nextel Mr Roesler pointed out the property on the GIS map and noted the surrounding zoning is AR 40 and Planned Unit Development PUD Attorney Jerry Eatman and Todd Mooring of Atlantic Site Development , the company representing Nextel , addressed the Board concerning this case Mr Eatman noted this property is owned by Peggy Flowers , and other members of the Flowers family own most of the surrounding property A construction debris landfill is located behind this property with a 60 road easement that could be used to access the site The property is located more than 900 from residential homes He noted the property is wooded and set back from all property lines and Hwy 42 Concerning need , Mr Eatman stated that Nextel wishes to erect a 195 monopole telecommunications tower on this site for two reasons to expand the service area coverage , and to offload from the Caterpillar site , which is overloaded and experiencing dropped calls The tower would also be open to co - location forPage0705 other providers He noted that even though there is opposition to this rezoning , Nextel believes the site is well situated and will have no impact on the surrounding properties He noted a real estate appraiser was present to confirm this , and would speak at the second hearing if necessary Gray Styers , representing SBA and other telecommunication systems , affirmed that Nextel has a good reputation in the industry for allowing co - location Jimmy Flowers , adjacent property owner on NC 42 East , spoke on behalf of himself , his mother and brothers He opposed the rezoning and stated the tower not only would be visible from his home , it would , in his opinion , devalue his property which is located less than 300 feet away He suggested a more remote site would be better Becky Flowers , who is developing a large tract of land in the area as a PUD , also opposed the rezoning Ms Flowers stated she has invested a great deal of time and money in making sure her development is first class , including going to the expense of burying utility lines in the ground She noted that Jimmy Flowers is planning a upscale development on the adjacent property , and this site would be right beside the entrance She suggested with the number of homes that are proposed in the community , the tower company needs to look at the long - range plans and find a more suitable site She stated she would be glad to work with them to find an alternate site , and would also compensate Peggy Flowers for her loss in revenue Mr Mooring noted he first talked with Mr Billy Flowers about using his site until it was determined that property was a debris burial landfill He maintained the proposed site is suitable and located approximately 958 feet from the Jimmy Flowers property and 4200 feet from the PUD He stated the tower would be placed in the edge of the woods Commissioner Fred Smith stated he would have a problem with approving a Nextel tower in the middle of this development He pointed out Ms Flowers is creating what will probably be one of the most outstanding developments in the County She is providing a full community , donating land for schools and giving the citizens of the County a wonderful place to live He suggested the company meet with the consultant to discuss options Mr Eatman pointed out this case is being heard under the existing ordinance ; however , he noted his company would agree to meet with the consultant In response to a question by Commissioner Allen L Mims , Jr concerning an existing dwelling within the fall zone , Mr Eatman stated this would be removed There being no further comments , the Chairman Recessed the Rezoning Public Hearing Rezoning Case 552 Tabled Case 552 Petition to rezone approximately 303 acres located on NC 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Peggy Flowers , Applicant Atlantic Site Development for Nextel Upon a motion by Commissioner Fred Smith , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board tabled a decision on rezoning case 552 for Owner Peggy Flowers , and Applicant Atlantic Site Development for Nextel of approximately 303 acres located on NC 42 East in Wilders Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman reopened the Public Hearing on Special Use Permit Requests Case 566 Seeking a modification of special use on approximately 45 acres located on Wood’s Crossroads Road SR 1005 in Meadow Township Telecommunications Tower , 09G13035 Owners George Massengill and Sylvia Massengill Applicant SBA Properties , Inc , Michael Hicks Those persons who wished to be heard on this case were sworn in by the Clerk Mr Roesler explained this request is for a modification of a condition that was placed on the special use permit for SBA to erect a telecommunications tower on this site which is located near I - 40 in Meadow Township The condition required a signed contract from Nextel , and now SBA is asking that they be allowed to build the tower for Triton PCS at this time with the belief that Nextel will also use the tower at a later date Page1706 Gray Styers of Raleigh , attorney representing SBA Properties , Inc stated that Nextel does plan to locate at this site , however , their capital budget for the project has not be approved at this time Meanwhile , Triton PCS needs a signal in this area to complete their coverage from Benson to Wilmington , and feel this would be a good location for them SBA is asking that the Board modify the permit to allow Triton PCS to utilize the site , which has already been approved for a tower If this is not approved , Triton will have to go out and find another location He apologized for any misunderstanding when the site was originally approved concerning the level of commitment of Nextel , but pointed out that Nextel still needs this and , in his opinion , will locate on the tower in the future The situation is that someone else now needs the site before Nextel Commissioner Allen L Mims , Jr noted that public necessity was proven for Nextel , and he would want to see SBA show the same need for Triton PCS Commissioner Fred Smith agreed and noted the applicant originally represented only one thing , a Nextel site The Board took action based on those facts , which apparently have now changed He stated he has a problem with what appears to be misrepresentation Jim Cinnamon , project manager for Triton PCS , stated his company was aware of this site being rezoned for a tower , and had they realized it was being considered strictly for Nextel , they would have joined in at the time He noted his company has utilized every existing site they could , and really need this location In response to a comment from Commissioner Wade M Stewart about Nextel’s reason for delay , Mr Cinnamon stated his understanding is that it is a budget issue ; however , the site is in their plan and they will , in his opinion , definitely locate here He stressed that even if SBA were to back out of the project , Triton would still build the tower themselves Commissioner Fred Smith noted the Planning Board originally recommended denial based on duplication of service in the area The Commissioners went against the recommendation because they were convinced of the need for Nextel He noted he now has doubts about the need for the tower and would like a third party , such as the consultant to recommend this before a change is approved He suggested the company bring back proof of need that will satisfy the Board at next month’s meeting , or start the process over again Chairman James H Langdon , Jr agreed and stated there has been a lot of confusion , and some clarification is needed to set the Board’s mind at rest Commissioner W Ray Woodall stated he would like to be assured that Triton can not fit on another tower Commissioner Stewart suggested that perhaps Triton PCS could work something out with Nextel Mr Cinnamon stated his company will talk with Nextel , and space would be reserved He stressed that Triton PCS just want this site James Marvin Johnson , Jr , adjacent property owner , stated he opposed the rezoning from the beginning He questioned how permanent this would be , and what would happen when these companies change ownership He pointed out some of the potential uses of cell towers , and suggested a satellite over North Carolina would solve the entire need for towers There being no further comments , the Chairman closed the public hearings Case 566 Continued until November 12 , 2001 meeting Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and th carried by unanimous vote , the Board agreed to continue until the November 12 meeting , Case 566 seeking a modification of a special use on approximately 45 acres located on Wood’s Crossroads Road SR 1005 in Meadow Township for Owners George Massengill and Sylvia Massengill and Applicant SBA Properties , Inc , Michael Hicks 4 Call for Public Hearing - Amendment to Development Ordinance - Residential Driveway Connections to Local Roads Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board called for a public hearing on November 12 , 2001 at 6 30 pm on the proposed amendment to the Development Ordinance - Article 5 , Subdivision of Land , Section 5105 - Access and Circulation Page2707 Board Reports & Comments 5 Disposition of Cleveland School Commissioner Thomas M Moore suggested the Board needs to make a decision on what to do with the old Cleveland School facility , which has been closed for two years now and is deteriorating He noted that Linwood Jones has offered 50,000 for the property and proposed a use for the facility , which would put it back on the tax books He noted the Board could publish the offer and see if there is an upset bid Chairman Langdon noted he would feel more comfortable if the property was disposed of by public auction so that everyone has an equal opportunity He suggested he and Commissioner Cookie Pope meet with the citizens in the community sometime in November to get public input before a decision is made 6 Resolution - Request NCDOT Widen Bridges On NC Hwy 39 Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board adopted the following resolution requesting the NC Department of Transportation widen or replace two bridges on NC Hwy 39 north of Selma Resolution Requesting the North Carolina Department of Transportation to Widen Bridges Located in Johnston County WHEREAS On September 28 , 2001 , at the Buffalo Creek Bridge on NC Highway 39 north of Selma in Johnston County , a near fatal accident occurred , seriously injuring a 19 - year old girl , and WHEREAS This bridge and the Little Creek Bridge located further north on NC 39 Highway are extremely narrow , making it difficult for two vehicles to safely cross at the same time ; and WHEREAS This accident was one of numerous accidents that have occurred at or on these two bridges ; and WHEREAS Due to the safety concerns for the motoring public , the Johnston County Board of Commissioners in January 1995 first asked the NC Department of Transportation to widen or replace these bridges ; and WHEREAS No corrective measures have been taken by the NC Department of Transportation to make these bridges safer for motorists NOW THEREFORE , the Johnston County Board of Commissioners does hereby formally request , for the second time , that the NC Department of Transportation take the necessary steps to widen or replace the two bridges on NC Highway 39 North in Johnston County over Buffalo Creek and Little River as soon as possible in order to correct this major safety issue th Adopted this the 8 day of October , 2001 7 Chairman Langdon Appoints Committee - Long - range Plans for EMS in the County Chairman Langdon appointed Commissioner Wade M Stewart , Commissioner Cookie Pope and Commissioner Fred Smith to work on long - range issues concerning emergency services in the County There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage