May 14, 2001 - 6:30 PM - County Board of Commissioners Meeting Minutes (Special)

10 562 May 14 , 2001 Special Session - 6 30 pm The Johnston County Board of Commissioners met in special session in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina , beginning at 6 30 pm with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney 1 Public Hearing - Proposed Residential Property Maintenance Standards Ordinance The Chairman opened the public hearing and invited anyone who wished to address the Board on a proposed residential property maintenance standards ordinance Susan Raynor , 6294 NC Hwy 242 in Meadow Township , asked if the ordinance would put restrictions on the age of mobile homes It was explained the issue of mobile homes is addressed in the County Development Ordinance There is an age limit 1976 on units that can be moved into the County and other stipulations on their general appearance Chief Building Inspector , C P Thompson , noted this ordinance would address any residential unit , including mobile homes , that are not fit or safe to inhabit Dick Braswell , 3950 Hwy 70A , Princeton , stated that he appreciates the Board’s concern that everyone have a decent , affordable place to live , but noted there is a segment of society that does not care where they live or under what conditions , as long as they have a place to stay There being no further comments from the public , the Chairman closed the hearing Commissioner W Ray Woodall stated he would like to see a provision for property owners to have some protection if renters damage a property Attorney Mark Payne stated this is addressed in Section 9 of the proposed ordinance where it outlines the need to determine who is responsible for certain damage , and again in the enforcement section where the person cited is the one responsible for the violation Commissioner Fred Smith pointed out the landlord also has the right to decide to whom he rents property ; he can check references and credit and get a security deposit He noted the Board can not protect a landlord from making a bad decision Mr Payne agreed stating this ordinance will also make landlords more aware that they need some documentation on the condition of a unit prior to it being rented Commissioner Wade M Stewart asked Mr Thompson how this ordinance would affect his staff Mr Thompson stated as long as it is complaint driven , he would not need additional inspectors He noted the department already gets the complaints , and this ordinance would give him some authority to address these complaints , some of which concern life threatening situations In response to questions from Board members , Mr Thompson noted that units will have to meet the building code that was in effect when the unit was built , except for repairs that must be made at today’s code As for heating , older homes that do not have central heat , require that only one room be sufficiently heated to 68 degrees three feet above the floor The NC Building Code requires that central heat include every room in a house Commissioner Fred Smith suggested the Board postpone a final decision on this ordinance until th the June 11 meeting ; however , he asked that a provision be included that would grandfather those who live in their own home when this goes into effect , until they either sell or otherwise move out of the unit Board members unanimously agreed the grandfather clause should be added to the ordinance There being no further business , Commissioner Cookie Pope moved the Board adjourn specialPage563 session Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote 7 00 pm Regular Scheduled Meeting The Johnston County Board of Commissioners met in regular session in the Commissioners ’ Room , Johnston County Courthouse Annex , Smithfield , North Carolina beginning at 7 00 pm with the following members Present James H Langdon , Jr , Chairman , Cookie Pope , Vice - Chairman , Thomas M Moore , Wade M Stewart , Allen L Mims , Jr , Fred Smith and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , and J Mark Payne , County Attorney The Chairman called the meeting to order and the following business was transacted Public Comments 1 Update on Johnston County Cable Communications consultant , David Harris , of Custom Communications , informed the Board that he has met with the committee appointed by the Chairman to discuss the Johnston County Cable Franchise , and recommends the Chairman send a letter to the Cable Company asking for a response to some concerns about their customer service , their current cable system , and plans for future upgrades to their system He noted the committee will provide a full report on their findings within the next few weeks Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board authorized the Chairman to write a letter to Johnston County Cable as suggested by the committee Mr Harris also suggested the Board consider modifying the Cable Ordinance to bring it up to date with recent federal regulations and to include some rules for all cable operators doing business in the County 2 Public Hearing - 7 00 pm - Rezoning Cases and Special Use Permits Advertised - April 27 , 2001 and May 4 , 2001 - In the Smithfield Herald - Certified letters were mailed to adjoining property owners on 05 03 01 and notices posted at the locations on 05 02 2001 The Chairman opened the rezoning public hearing and invited interested persons to make comments on the following cases Case 536 Petition to rezone approximately 2275 acres located on W C Braswell Road SR 2313 in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District Owner and Applicant Richard D Braswell Dave Roesler , Interim Planning Director , pointed out the property on the GIS map and noted it is located off US70A near the intersection with US 70 close to Princeton The surrounding zoning is Agriculture Residential , Hwy 70 General Business overlay , Mobile Home Park , and Commercial Business The closest subdivision is approximately one - fourth of a mile from the site Dick Braswell , 3950 Hwy 70A , Princeton , owner of the property , stated the site is isolated down a dirt road which he built some years ago The property is located away from any major roads , and he owns much of the surrounding property He is in the construction business and would like to have a sand mining operation on the site to provide fill dirt for his business He noted the area between this site and the nearest subdivision used to be an old borrow pit that has been reseeded He noted he has sent certified letters as required to all persons within 1000 feet of the site , and no one has registered any opposition He asked the Board to approve the rezoning Page564 Mr Roesler stated the Planning Board recommended approval due to the soil type and remoteness of the site The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 536 Case 536 Petition to rezone approximately 2275 acres located on W C Braswell Road SR 2313 in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District Owner and Applicant Richard D Braswell Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 536 for owner and applicant , Richard D Braswell , of approximately 2275 acres located on W C Braswell Road SR 2313 in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District The Chairman Opened the Public Hearing on Special Use Permit Request Those wishing to speak on Case 536 were sworn in by the Clerk to the Board Case 536 Special use permit application for a sand mining operation on approximately 2275 acres located on W C Braswell Road SR 2313 in Boon Hill Township Owner and Applicant Richard D Braswell Mr Roesler noted this is a special use application for a sand mining operation He presented the following summary of evidence on the case A pre - application hearing was held with the applicant on February 19 , 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 March 20 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and based on the following findings of fact , recommended approval of rezoning to Industrial 2 - Special Use District by unanimous vote The approval was made subject to the following Findings of facts 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 This Special Use Permit would include the following requirements 1 Gross Land Area 2275 acres 2 Number of buildings 0Page565 3 Operation of Sand Mining 4 That prior to submitting an application for Site Plan approval , the approved Special Use Permit be recorded in the Register of Deeds of Johnston County 5 That a detailed Site Plan be approved by the Planning Department prior to the issuance of a Land Use Permit 6 That a Stormwater Management Plan , if applicable , shall be submitted with the application for a Site Plan Approval and approved by the County Stormwater Administrator prior to the issuance of a Land Use Permit 7 That plans for a driveway connection s or for improvements to State maintained road s be approved by NCDOT prior to the issuance of a Land Use Permit Special Conditions 1 Operating Hours 7 00 am - 9 00 pm 2 Days of Operation Monday - Saturday In response to a question from Commissioner Allen L Mims , Jr , Mr Roesler noted when the property is no longer a sand mining operation , the site will have to be reseeded Mr Braswell will dig no further than 12 feet down , and no hazardous materials will be involved in the operation The Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 536 Case 536 Special use permit application for a sand mining operation on approximately 2275 acres located on W C Braswell Road SR 2313 in Boon Hill Township Owner and Applicant Richard D Braswell Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owner and applicant , Richard D Braswell , for a sand mining operation on approximately 2275 acres located on W C Braswell Road SR 2313 in Boon Hill Township based on the following findings of fact and subject to the regular requirements and the following special conditions Findings of facts 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 Operating hours 7 00 am - 9 00 pm 2 Days of operation Monday - Saturday The Chairman Re - Opened the Rezoning Public Hearing Case 537 Petition to rezone approximately 381 acres located on Old River Road SR 2340 in Beulah Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Bobby Parnell ; Applicant Spectra Site Communications , Inc - Randy Mannino Mr Roesler indicated the property on the GIS map and noted it is located near Princeton Kenly Road and I - 95 within the Interchange Highway Overlay District Ben Skipper , representative for SpectraSite Communications of Atlanta , Georgia , requested the Board approve the rezoning and permit for a lattice cellular tower to serve an area along the I - 95 and US 301 corridors that is currently not covered The tower , which would be used by Nextel , will hold six carriers Mr Roesler stated the Planning Board held a lengthy discussion on this case because of the confusing information that seems to be always changing as to the number of towers that are needed andPagePage pageNumber5566 the question of co - location and possible duplication in areas He directed the Board’s attention to a display map that shows the tower sites in the County , but stated it does not indicate how many carriers or which companies are located on a site He noted the trade - off for more sophisticated technology seems to be more towers Commissioner Cookie Pope stated she would like to see who is on each tower and how much room is left for co - location Commissioner Allen L Mims , Jr suggested the County locate a specialist to conduct a study and develop a comprehensive plan on cell towers This would provide the Board with information about who is actually on each tower and how many companies are co - locating With outside companies actually building towers and speculating on finding occupants , we need this information Commissioner Fred Smith agreed and noted towers play a big part in our landscape Bobby Parnell , property owner , stated this site is on a dead end road where it will not be noticed by anyone He stated the applicants were very particular in requesting this type of site The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 537 Case 537 Petition to rezone approximately 381 acres located on Old River Road SR 2340 in Beulah Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Bobby Parnell ; Applicant Spectra Site Communications , Inc - Randy Mannino Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board approved rezoning case 537 for owner , Bobby Parnell , and applicant , Spectra Site Communications , Inc - Randy Mannino of approximately 381 acres located on Old River Road SR 2340 in Beulah Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - Opened the Public Hearing On Special Use Permit Request Case 537 Special use permit application for a telecommunications tower on approximately 381 acres located on Old River Road SR 2340 in Beulah Township Owner Bobby Parnell ; Applicant Spectra Site Communications Inc - Randy Mannino Those wishing to speak on Case 537 were sworn in by the Clerk to the Board Mr Roesler explained this request is for a telecommunications tower He presented the following summary of evidence on Special Use Permit Case # 537 A pre - application hearing was held with the applicant on January 22 , 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 March 20 , 2001 , the Johnston County Planning Board held a public meeting regarding this case andPagePage pageNumber6567 based on the following findings of fact , recommended approval of rezoning to Agricultural Residential - Special Use District by unanimous vote The approval was made subject to the following Findings of facts 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 This Special Use Permit would include the following requirements 1 Gross Land Area 381 acres 2 Number of buildings 0 Special Conditions 1 Telecommunications Tower 2 Tower Height 225 ft lattice 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 5 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 The Chairman Recessed the Special Use Permit Hearing Decision On Application for Special Use Permit - Case 537 Case 537 Special use permit application for a telecommunications tower on approximately 381 acres located on Old River Road SR 2340 in Beulah Township Owner Bobby Parnell ; Applicant Spectra Site Communications Inc - Randy Mannino Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owner , Bobby Parnell , and applicant , Spectra Site Communications , Inc - Randy Mannino , for a telecommunications tower on approximately 381 acres located on Old River Road SR 2340 in Beulah Township based on the following findings of facts and subject to regular requirements and the following special conditions Findings of facts 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 Telecommunications Tower 2 Tower Height 225 ft lattice 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 5 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 Comprehensive Study of Cellular Towers in Johnston County Approved Following discussion , Commissioner Allen L Mims , Jr , moved the Board hire a consultant to doPagePage pageNumber7568 a comprehensive study on the location and identification of users of cellular towers in Johnston County Commissioner Cookie Pope seconded the motion which carried by unanimous vote The Chairman Re - opened the Rezoning Public Hearing Case 539 Petition to rezone approximately 26 acres located on Elevation Road SR 1308 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Jerome Langdon and Sue Langdon Applicant Atlantic Site Development for Nextel - Todd Mooring Mr Roesler pointed out the property on the GIS map and noted it is located near I - 40 and NC50 The surrounding zoning is Agriculture Residential , General Business , Mobile Home Park , Office Institutional and I - 2 near the I - 40 interchange Jerry Eatman , 3625 Laurel Hills Road , Raleigh , stated he is a counselor for Nextel This request , unlike the previous one , is a direct request from Nextel This site is needed to extend coverage to an growing area between existing towers Mr Roesler stated the Planning Board recommended approval of the rezoning The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 539 Case 539 Petition to rezone approximately 26 acres located on Elevation Road SR 1308 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District Owners Jerome Langdon and Sue Langdon , Applicant Atlantic Site Development for Nextel - Todd Mooring Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 539 for owners , Jerome Langdon and Sue Langdon , and applicant , Atlantic Site Development for Nextel - Todd Mooring of approximately 26 acres located on Elevation Road SR 1308 in Elevation Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - Opened the Public Hearing on Special Use Permit Request Case 539 Special use permit application for a telecommunications tower on approximately 26 acres located on Elevation Road SR 1308 in Elevation Township Owners Jerome & Sue Langdon , Applicant Atlantic Site Development for Nextel - Todd Mooring Those wishing to speak on Case 539 were sworn in by the Clerk to the Board Mr Roesler explained this request is for a telecommunications tower for Nextel He presented the following summary of evidence on this case A pre - application hearing was held with the applicant on February 21 , 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 PagePage pageNumber8569 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 March 20 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and based on the following findings of fact , recommended approval of rezoning to Agricultural Residential - Special Use District by unanimous vote The approval was made subject to the following Findings of facts 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 This Special Use Permit would include the following requirements 1 Gross Land Area 26 Acres 2 Number of buildings 0 Special Conditions 1 Telecommunications Tower 2 Tower Height 195 ft monopole unpainted and unlighted 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 5 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 The Chairman Recessed the Public Hearing on Special Use Permit Decision On Application for Special Use Permit - Case 539 Case 539 Special use permit application for a telecommunications tower on approximately 26 acres located on Elevation Road SR 1308 in Elevation Township Owners Jerome Langdon and Sue Langdon , Applicant Atlantic Site Development for Nextel - Todd Mooring Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owners , Jerome Langdon and Sue Langdon , and applicant , Atlantic Site Development for Nextel - Todd Mooring for a telecommunications tower on approximately 26 acres located on Elevation Road SR 1308 in Elevation Township based on the following findings of facts and subject to the regular requirements and the following special conditions Findings of facts 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 Telecommunications Tower 2 Tower Height 195 ft monopole unpainted and unlighted 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 PagePage pageNumber9570 5 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 The Chairman Re - opened the Rezoning Public Hearing Case 540 Petition to rezone approximately 26 acres located on Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Gertrude Holland , Applicant Atlantic Site Development for Nextel - Todd Mooring Mr Roesler pointed out the property on the GIS map and noted it is located near Interstate 40 A number of subdivisions are in the area , as well as the Johnston County Speedway The surrounding zoning is Agriculture Residential , Mobile Home Park District , Residential 10 and General Business Jerry Eatman , 3625 Laurel Hills Road , Raleigh , counselor for Nextel , noted this site is needed to provide Nextel coverage because of the growth in the area In response to a comment from Commissioner Allen L Mims , Jr , Mr Eatman stated that Nextel encourages co - location when possible Mr Roesler stated the Planning Board recommended approval of the rezoning The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 540 Case 540 Petition to rezone approximately 26 acres located on Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Gertrude Holland , Applicant Atlantic Site Development for Nextel - Todd Mooring Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board approved rezoning case 540 for owner , Gertrude Holland , and applicant , Atlantic Site Development for Nextel - Todd Mooring , of approximately 26 acres located on Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - opened the Public Hearing on Special Use Permit Request Case 540 Special use permit application for a telecommunications tower on approximately 26 acres located on Cornwallis Road SR 1525 in Cleveland Township Owner Gertrude Holland , Applicant Atlantic Site Development for Nextel - Todd Mooring Those wishing to speak on rezoning case 540 were sworn in by the Clerk to the Board Mr Roesler stated this is a request for a 195 monopole He presented the following summary of evidence on this case A pre - application hearing was held with the applicant on February 21 , 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 Page0571 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 March 20 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and based on the following findings of fact , recommended approval of rezoning to Agricultural Residential - Special Use District by unanimous vote The approval was made subject to the following Findings of facts 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 This Special Use Permit would include the following requirements 1 Gross Land Area 26 Acres 2 Number of buildings 0 Special Conditions 1 Telecommunications Tower 2 195 ft monopole unpainted and unlighted 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 5 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 The Chairman Recessed the Special Use Permit Hearing Decision on Application for Special Use Permit - Case 540 Case 540 Special use permit application for a telecommunications tower on approximately 26 acres located on Cornwallis Road SR 1525 in Cleveland Township Owner Gertrude Holland , Applicant Atlantic Site Development for Nextel - Todd Mooring Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Thomas M Moore and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owner , Gertrude Holland , and applicant , Atlantic Site Development for Nextel - Todd Mooring , for a telecommunications tower on approximately 26 acres located on Cornwallis Road SR 1525 in Cleveland Township based on the following findings of facts and subject to regular requirements and the following special conditions Findings of facts 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 Telecommunications Tower 2 195 ft monopole unpainted and unlighted 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 5 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 groundPage1572 The Chairman Re - opened the Rezoning Public Hearing Case 541 Petition to rezone approximately 138 acres located on Government Road SR 1556 in Clayton Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants Harold Williams and Annie Williams Mr Roesler indicated this parcel on the GIS map and noted it is located off Government Road near Barber Mill Road A number of subdivisions are in the area The surrounding zoning is Agriculture Residential , Mobile Home Park , Community Business and existing R - 20 Owner and applicant , Harold Williams , 999 Government Road , stated he purchased the property in 1980 when zoning was not in effect He stated he would like to operate a small business at the site so that he can stay close to his wife who is confined to a wheelchair Mr Roesler stated the Planning Board recommended approval The Chairman Recessed the Rezoning Public Hearing Decision on Rezoning Case 541 Case 541 Petition to rezone approximately 138 acres located on Government Road SR 1556 in Clayton Township from Agricultural Residential to Community Business - Special Use District Owners and Applicants Harold Williams and Annie Williams Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 541 for owners and applicants , Harold Williams and Annie Williams , of approximately 138 acres located on Government Road SR 1556 in Clayton Township from Agricultural Residential to Community Business - Special Use District The Chairman Re - opened the Public Hearing on Special Use Permit Request Case 541 Special use permit application for an auto display lot , office , and existing building to be rented for family gatherings on approximately 138 acres located on Government Road SR 1556 in Clayton Township Owners and Applicants Harold Williams and Annie Williams Those wishing to speak on Case 541 were sworn in by the Clerk to the Board Dave Roesler stated this is a request for an auto display lot and office The Planning Board recommended approval with special conditions concerning the days and size of operation He presented the following summary of evidence on this case A pre - application hearing was held with the applicant on February 14 , 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 Page2573 On March 20 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and based on the following findings of fact , recommended approval of rezoning to Community Business - Special Use District by unanimous vote The approval was made subject to the following Findings of facts 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 This Special Use Permit would include the following requirements 1 Gross Land Area 138 Acres Special Conditions 1 Operate a sales and display lot for automobiles 2 Hours of operation 11 00 am to 6 00 pm 3 Days of operation Thursday - Saturday 4 No major repairs 5 No signs or lights 6 Not more than eight 8 vehicles at location at one time and not more than three 3 vehicles on the front of property The Chairman Recessed the Special Use Permit Hearing Decision on Special Use Permit Case 541 Case 541 Special use permit application for an auto display lot , office , and existing building to be rented for family gatherings on approximately 138 acres located on Government Road SR 1556 in Clayton Township Owners and Applicants Harold Williams & Annie Williams 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 and applicants , Harold Williams and Annie Williams for an auto display lot , office , and existing building to be rented for family gatherings on approximately 138 acres located on Government Road SR 1556 in Clayton Township based on the following findings of facts and subject to the regular requirements and the following special conditions Findings of facts 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 Operate a sales and display lot for automobiles 2 Hours of operation 11 00 am to 6 00 pm 3 Days of operation Thursday - Saturday 4 No major repairs 5 No signs or lights 6 Not more than eight 8 vehicles at location at one time and not more than three 3 vehicles on the front of property The Chairman Re - opened the Rezoning Public Hearing Case 543 Petition to rezone approximately 28 acres located on NC 42 West in Clayton Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Diane Starling , Applicant Nextel Communications , Inc - Robert C Estrand Page3574 Mr Roesler pointed out the property on the GIS map and noted it is located off NC 42 near the intersection of Cornwallis Road The surrounding zoning is Residential 10 , Mobile Home Park , General Business , Community Business and a Planned Unit Development north of the property site Robert Estrand with Nextel presented the information concerning the site and noted this structure would be located approximately 2000 feet from the road in a low area that is well buffered from NC 42 He noted this site is to offload signals from other overcrowded towers Mr Roesler stated the Planning Board recommended approval of this rezoning The Chairman Closed the Rezoning Public Hearing Decision on Rezoning Case 543 Case 543 Petition to rezone approximately 28 acres located on NC 42 West in Clayton Township from Agricultural Residential to Agricultural Residential - Special Use District Owner Diane Starling , Applicant Nextel Communications , Inc - Robert C Estrand Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved rezoning case 543 for owner , Diane Starling , and applicant , Nextel Communications , Inc - Robert C Estrand , of approximately 28 acres located on NC 42 West in Clayton Township from Agricultural Residential to Agricultural Residential - Special Use District The Chairman Re - opened the Public Hearing on Special Use Permit Request Case 543 Special use permit application for a telecommunications tower on approximately 28 acres located on NC 42 West in Clayton Township Owner Diane Starling , Applicant Nextel Communications , Inc , Robert C Estrand Those wishing to speak on Case 543 were sworn in by the Clerk to the Board Mr Roesler stated this request is for a monopole telecommunications tower He presented the following summary of evidence on this case A pre - application hearing was held with the applicant on February 27 , 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 March 20 , 2001 , the Johnston County Planning Board held a public meeting regarding this case and based on the following findings of fact , recommended approval of rezoning to Agricultural Residential - Special Use District by unanimous vote The approval was made subject to the following Findings of facts 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 Page4575 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 This Special Use Permit would include the following requirements 1 Gross Land Area 28 Acres 2 Number of buildings 0 Special Conditions 1 Telecommunications Tower 2 199 ft monopole unpainted and unlighted 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 5 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 The Chairman Closed the Special Use Permit Hearing Decision on Special Use Permit Case 543 Case 543 Special use permit application for a telecommunications tower on approximately 28 acres located on NC 42 West in Clayton Township Owner Diane Starling , Applicant Nextel Communications , Inc , Robert C Estrand Upon a motion by Commissioner Thomas M Moore , seconded by Commissioner Cookie Pope and carried by unanimous vote , the Board authorized the Planning Department to issue a special use permit to owner , Diane Starling , and applicant Nextel Communications , Inc - Robert C Estrand , for a telecommunications tower on approximately 28 acres located on NC 42 West in Clayton Township based on the following findings of facts and subject to the requirements for this type of permit , and the following special conditions Findings of facts 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 Telecommunications Tower 2 199 ft monopole unpainted and unlighted 3 That the communications tower be made accessible for co - location of communications equipment by others 4 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 5 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 3 Public Hearing - Zoning Map Amendment Advertised April 24 , May 1 , 2001 in The Smithfield Herald The Chairman opened the public hearing and stated the purpose of the hearing is to solicit public comment on the following proposed change to the Official Zoning Atlas to correct zoning designation of lots owned by Cleveland and Hazel McLamb at the intersection of NC 242 and Drag Strip Road near Benson Parcel # 01F12044A , 325 acres from Agriculture Residential AR to Industrial 1 and parcel #Page5576 01F12072H , 367 acres from AR to General Business - both properties located at the intersection of NC 242 and Dragstrip Road , owned by Cleveland McLamb and Hazel McLamb , 919 Dragstrip Road , Benson , NC Mr Roesler explained the two properties are located across the road from each other The 325 acre lot on the northeast corner of the intersection has been an existing propane tank storage and distribution operation for many years , and was grandfathered in when the County was zoned This should be changed to I - 1 to indicate its property zoning designation The 367 acre parcel on the southern side of the intersection is used for general storage and office space and should be changed to general business The reason this has been brought to staff’s attention is a desire on the part of the owner to expand his office space on the southern tract Commissioner Allen L Mims , Jr stated his only concern would be the wide range of uses that could be put on the Industry I zoned parcel in the future if it is not designated for a special use Discussion ensued about the proper designation for the northern parcel There being no further comments , the Chairman closed the public hearing Decisions on Zoning Map Amendments Motion to Table Following discussion , Commissioner Wade M Stewart moved the Board table the request to change the zoning designation on the northern tract , 325 acres , proposed to be changed from AR to Industrial 1 until the June 11 , 2001 meeting Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Motion to Approve Correction Upon a motion by Commissioner Wade M Stewart , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved a change to General Business on the official zoning atlas to correct zoning designation of a 367 acre lot located at the southern portion of the intersection of NC 242 and Drag Strip Road near Benson for Cleveland and Hazel McLamb 4 Presentation - MIS Department Leslie Stanfield , MIS Director , outlined the function and work of her department The primary focus is to serve the County agencies in all technology needs , but she also works with other entities such as municipalities , fire departments , public safety committees and the county libraries In addition , on occasion she works with the public schools and Johnston Community College on technology related issues Ms Stanfield noted one of the biggest challenges is to respond in a timely manner to all the technology needs in the County departments because of limited staff Her department is in charge of a network management system that rivals a small industry in size and complexity Concerning her efforts on behalf of the municipalities , the County has provided each town with computers and dial up capability into the County’s system , which not only gives them access to information , it also allows the County to obtain needed town data , such as zoning information Her staff provides training and limited support so the municipalities can keep up electronically and make improvements to their systems Recently the County’s web site has been updated to provide citizens more and better managed information about County Government via the Internet With the new site , the public will be able to interact with departments , apply for permits , etc , and even make payments in the future without coming to the Courthouse Her department provides technical support for all the personal computers in the County and works closely with GIS Director , Terry Ellis , to continue to build and enhance the electronic data for the County Ms Stanfield was asked to elaborate on a recent letter she sent to the Fire Chiefs and copied to Board members concerning software for the fire departments She explained that some years ago the County authorized the purchase of software for the fire departments The fire chiefs chose a softwarePage6577 package that they believed would best suit their needs , even though MIS questioned their decision The departments have been using the program for several years with good success in many cases Some of the smaller departments who do not have a large number of calls have been less satisfied Now the State has said they have a superior software , and the Departments want to abandon the old program even though it is still working She stated the new software , in her opinion , provides no gain to the departments , and her letter simply explained that if the departments wish to go off on their own with a new software , the County can no longer provide technical support She noted from what she understands at this time , only four or five departments plan to change their program Board members complimented Ms Stanfield on the good job she and her staff does Commissioner Fred Smith commented on the need for good management over purchases since the latest and greatest technology is not always what is needed to get the job done Ms Stanfield agreed Board Reports and Comments 5 Request for Update on Planning Issues Commissioner Fred Smith asked Mr Roesler for updates on the following issues C Johnston County Thoroughfare Plan - Department of Transportation is printing the final draft Once the County gets copies , a meeting will be scheduled with the Transportation Committee to review the document The Plan will then come to the Commissioners for a public hearing C Municipal Transitional Districts - Planning Board will review a map outlining both one mile and two mile areas at their next meeting C Development Ordinance a Street Signs and Entrance Signs - developers are now putting up temporary signs during construction b Setbacks on Arterial and Collector Roads - Planning Board will review at the next meeting and make recommendations c Unpaved Roads - Planning Board will be reviewing this at next meeting and will make recommendations d Planned Unit Developments - Additional information on PUD’s will be coming to the Board in July or August There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote ____________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , ClerkPage