August 7, 2023 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 722 Meeting of the Johnston County Board of Commissioners August 7 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 7 , 2023 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell and April Stephens Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Dana G Cuddington , and Executive Assistant Deputy Clerk Susie Reeves Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted Chairman Lawter reminded everyone of the Board’s six priorities including Public Safety , Infrastructure , County Employees , Financial Stewardship , Educational Funding , and Land Use and the Board’s continuing efforts to keep these priorities in mind when working through the agenda 1 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for appointments to the Johnston County Board of Health representing General Public and nominations to the Hospital Authority Chairman Lawter stated the votes have been tallied and he announced the following Johnston County Board of Health – David Pearce was appointed representing General Public to fill an unexpired term ending February 28 , 2025 Hospital Authority Nominations – William W Massengill , Patricia Chisholm - Jones , and Jeff Parlier were nominated The nominations will be sent to the Hospital Authority for review and recommendation Chairman RS “ Butch ” Lawter , Jr will make the final appointments at the September 5 , 2023 10 00 am meeting 2 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda adding a request from the Johnston Soil & Water Conservation District Office for a letter of support for a grant opportunity to be heard after the rezoning cases Cases 22 - 17 and 22 - 18 are postponed until the September 5 , 2023 6 00 pm meeting , per the request of the applicant Page723 August 7 , 2023 – 6 00 pm Continued 3 Visit from the 2023 Miss North Carolina Teen 2023 Miss North Carolina Teen Hanley Claire House addressed the Board and recalled that she visited with the Board in April when she held the title of Miss Cleveland Teen Miss House stated she is very excited to now be standing before the Board as the 2023 Miss North Carolina Teen Miss House stated the Miss American Organization has five pillars , which are service , style , success , scholarship , and sisterhood Miss House spoke on the scholarships she has received through the Miss America Organization and how they will help her to advance her education She reminded the Board of her community service initiative called “ Passion to Profit ” which is a small business she created that allows her to give back to the community Miss House stated she will be competing at the Miss America competition in January and she plans to do everything possible to bring home a national title to Johnston County The Board congratulated Miss House on her accomplishments and wished her good luck in the upcoming January competition 4 Public Comment None 5 Public Hearing Rezoning Conditional Use Requests Advertised – The Johnstonian News and The News in Review – July 26 and August 2 , 2023 Certified letters were mailed to adjoining property owners on July 24 , 2023 A notice was posted at the location on June 2 , 2023 for Case 23 - 16 The Chairman opened the Special Use Hearing for Case 23 - 16 Case 23 - 16 Petition for a special use permit for the installation of a wireless telecommunications tower on 454 acres located in the 600 block of Two Claude Road in the Pleasant Grove Township Tax ID 13C02043 Owner ND Sauls Jr Applicant Cellco Partnership d b a Verizon Wireless Those wishing to speak on Special Use Case 23 - 16 were sworn in by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for the installation of a wireless telecommunications tower Mr Newton reviewed the special use conditions with the Board and entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held on March 15 , 2022 with the applicant for Case 23 - 16 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On July 18 , 2023 the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 23 - 16 and made the following recommendation Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed facility is located to address an area needing service improvement and thereby promote public health , safety , and general welfare The site is located on a large agricultural parcel and is tucked into an existing tree mass to assist with screening of the facility from adjacent parcels The access drive will be constructed in an open , disturbed field area to minimize tree clearing Page724 August 7 , 2023 – 6 00 pm Continued 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The site is a passive unstaffed low impact use which does not create any significant noise , odor , glare , traffic , or other burden on county services or adjacent properties The site will comply with the use specific standards in Section 14 - 257 o as well as the general requirements of the Land Development Code and will also comply with all applicable local , state , and federal requirements including FAA and FCC regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This project is a public necessity NC General Statutes Section 160D - 930 a which states the goal “ to ensure the ready availability of reliable wireless service to the public , government agencies , and first responders with the intention of furthering the public safety and general welfare ” The improved public safety and data and communications service supporting personal , business , remote learning and other activities in the vicinity will directly benefit contiguous properties and consequently maintain enhance property value 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This area has a Future Land Use map Designation of “ Primary Growth Area ” Comprehensive Plan Goal 1 , Action 1 encourages adequate infrastructure to support development in the Primary Growth Area The site will provide a revenue stream while allowing the remainder of the land to remain preserved as agricultural open space and timberland consistent with Goal 6 Goal 15 emphasizes public safety services which this site will support Site location and design are consistent with the requirements of the Land Development Code for wireless facilities Specific Land Uses APPLICANT Cell Tower and fenced compound Special Use Conditions 1 Permitted Uses Cell Tower and fenced compound 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 7 The proposed structure shall not be lighted unless FAA requires 8 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 9 The facility shall be constructed so that access is only attainable by qualified personnel Mr Newton stated the surrounding zonings are Agricultural Residential and used for agricultural and residential purposes He stated the traffic count for this portion of Two Claude Road is 1,100 vehicles per day as of 2016 and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton stated very little traffic generation is anticipated with the proposed use This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan He stated this project was submitted for consideration in May of 2022 and since that time it has been thoroughly vetted by the County’s cell tower consultant Attorney Tom Johnson with the Williams Mullen Law Firm , 301 Fayetteville Street , Raleigh , representing the Applicant , addressed the Board and recognized those in the audience that worked on this project for any questions by the Board Mr Johnson requested that the application and all documents in the agenda packet be made a part of the record for this case Mr Johnson stated this is an area of the County that needs better service and a tower can be located on the subject site Mr Johnson noted there were questions at the Planning Board meeting , but he believes all of those were answered He stated the proposed use will have no traffic and the appraisal stated there would be no adverse impact on adjoining property values Mr Johnson reviewed the coverage area with the Board , the proposed location of the tower , and how the new tower would fill a gap in coverage in the area Mr Johnson stated coverage has become more important than ever because many people no longer have a telephone landline and instead are using their cell phones only At the request of Chairman RS “ Butch ” Lawter , Jr , Mr Johnson reviewed the following Findings of Facts with the Board and elaborated on their content 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed facility is located to address an area needing service improvement and thereby promote public health , safety , and general welfare The site is located on a large agricultural parcel and is tucked into an existing tree mass to assist with screening of the facility from adjacent parcels The access drive will be constructed in an open , disturbed field area to minimize tree clearing Page725 August 7 , 2023 – 6 00 pm Continued 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The site is a passive unstaffed low impact use which does not create any significant noise , odor , glare , traffic , or other burden on county services or adjacent properties The site will comply with the use specific standards in Section 14 - 257 o as well as the general requirements of the Land Development Code and will also comply with all applicable local , state , and federal requirements including FAA and FCC regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This project is a public necessity NC General Statutes Section 160D - 930 a which states the goal “ to ensure the ready availability of reliable wireless service to the public , government agencies , and first responders with the intention of furthering the public safety and general welfare ” The improved public safety and data and communications service supporting personal , business , remote learning and other activities in the vicinity will directly benefit contiguous properties and consequently maintain enhance property value 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This area has a Future Land Use map Designation of “ Primary Growth Area ” Comprehensive Plan Goal 1 , Action 1 encourages adequate infrastructure to support development in the Primary Growth Area The site will provide a revenue stream while allowing the remainder of the land to remain preserved as agricultural open space and timberland consistent with Goal 6 Goal 15 emphasizes public safety services which this site will support Site location and design are consistent with the requirements of the Land Development Code for wireless facilities Mr Johnson stated they concur with the special use conditions as proposed Commissioner Ted G Godwin noted the drawings indicate a wooden fence , but the special use permit conditions call for a chain - link fence Zack Medoff , Engineer , stated he is a licensed professional engineer with 15 years of experience in the telecommunications industry Mr Medoff stated he spoke to the Project Manager on this project just today and the fence was changed to wood for aesthetics There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported staff recommends approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 23 - 16 Decision on Special Use Case 23 - 16 Case 23 - 16 Petition for a special use permit for the installation of a wireless telecommunications tower on 454 acres located in the 600 block of Two Claude Road in the Pleasant Grove Township Tax ID 13C02043 Owner ND Sauls Jr Applicant Cellco Partnership d b a Verizon Wireless Based on the following findings of facts and special use conditions , Commissioner Ted G Godwin moved the Board approve the special use permit request for Case 23 - 16 to allow for the installation of a wireless telecommunications tower on 454 acres located in the 600 block of Two Claude Road in the Pleasant Grove Township Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; The facility is located to address an area needing service improvement and thereby promote public health , safety , and general welfare The site is located on a large agricultural parcel and is tucked into an existing tree mass to assist with screening of the facility from adjacent parcels The access drive will be constructed in an open , disturbed field area to minimize tree clearing 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The site is a passive unstaffed low impact use which does not create any significant noise , odor , glare , traffic , or other burden on county services or adjacent properties The site will comply with the use specific standards in Section 14 - 257 o as well as the general requirements of the Land Development Code and will also comply with all applicable local , state , and federal requirements including FAA and FCC regulations PagePage pageNumber5726 August 7 , 2023 – 6 00 pm Continued 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; This project is a public necessity NC General Statutes Section 160D - 930 a which states the goal “ to ensure the ready availability of reliable wireless service to the public , government agencies , and first responders with the intention of furthering the public safety and general welfare ” The improved public safety and data and communications service supporting personal , business , remote learning and other activities in the vicinity will directly benefit contiguous properties and consequently maintain enhance property value The site will be designed to provide an attractive facility that will complement the local residential and future commercial uses Landscaping will be included in the construction of the facility to enhance the appeal of the property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners This area has a Future Land Use map Designation of “ Primary Growth Area ” Comprehensive Plan Goal 1 , Action 1 encourages adequate infrastructure to support development in the Primary Growth Area The site will provide a revenue stream while allowing the remainder of the land to remain preserved as agricultural open space and timberland consistent with Goal 6 Goal 15 emphasizes public safety services which this site will support Site location and design are consistent with the requirements of the Land Development Code for wireless facilities Specific Land Uses Cell Tower and fenced compound Special Use Conditions 1 Permitted Uses Cell Tower and fenced compound 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of a wooden fence with razor wire top surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 7 The proposed structure shall not be lighted unless FAA requires 8 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 9 The facility shall be constructed so that access is only attainable by qualified personnel 6 Johnston Soil & Water Conservation District – Grant Opportunity County Manager Rick Hester recalled that during the budget adoption , the Board made a commitment to designate some of the Present Use Value roll - back funds towards farmland and land conservation on an annual basis Mr Hester stated Johnston Soil & Water Conservation District Director Greg Walker would like to present a request to the Board for a letter of support for grant funds related to farmland preservation He stated the deadline to apply for these funds is prior to the Board’s next regular meeting which is why staff wanted to bring the request to the Board at this meeting Mr Walker stated the Johnston Soil & Water Conservation District office has been interested in pursuing conservation easements to protect farmland for a couple of years Mr Walker explained that they have an opportunity to use local resources to leverage federal and state funds towards this initiative Mr Walker spoke on the opportunity to apply for a federal Regional Conservation Partnership Grant and stated with the Board’s support , he believes Johnston County can be very competitive for these funds Mr Walker requested the Board to consider providing a letter of support for these grant funds Commissioner Ted G Godwin stated he has served on the State’s Agricultural Farmland Preservation Advisory Board for a couple of years and this looks like an excellent opportunity to leverage funds Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried unanimously , the Board authorized the Chairman to provide a letter of support for the grant funds to pursue conservation easements 7 Envision Johnston 2040 Comprehensive Land Use Plan Adoption and Next Steps Planning Director Braston Newton recalled that the Board held a public hearing at their July 17 , 2023 meeting on the draft Envision Johnston 2040 Comprehensive Land Use Plan He stated that staff , the consultant team , the Steering Committee , and the Planning Board have made every effort to engage the public on this draft plan through meetings and surveys Mr Newton stated staff has provided the Board with a draft resolution for adoption of the plan if the Board is ready to take that action He offered to answer any questions PagePage pageNumber6727 August 7 , 2023 – 6 00 pm Continued Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board adopted the following resolution for the Envision Johnston 2040 Comprehensive Land Use Plan RESOLUTION OF THE BOARD OF COMMISSIONERS OF JOHNSTON COUNTY , NORTH CAROLINA ADOPTING THE ENVISION JOHNSTON 2040 COMPREHENSIVE LAND USE PLAN WHEREAS , from June 2021 through May 2023 , the County drafted the Envision Johnston 2040 Comprehensive Land Use Plan , and conducted a series of public workshops , meetings , and surveys as part of a public participation program ; and WHEREAS , the draft Envision Johnston 2040 Comprehensive Land Use Plan was unanimously recommended for approval by the Johnston County Planning Board on August 23 , 2022 ; and WHEREAS , at a duly advertised meeting on July 17 , 2023 the Board of Commissioners of Johnston County held a public hearing on the draft Envision Johnston 2040 Comprehensive Land Use Plan ; and WHEREAS , the content and development of the plan is consistent with the requirements prescribed by North Carolina General Statute 160D - 501 NOW , THEREFORE , BE IT RESOLVED by the Board of Commissioners of Johnston County hereby adopts the draft Envision Johnston 2040 Comprehensive Land Use Plan th Adopted this the 7 day of August , 2023 Chairman RS “ Butch ” Lawter , Jr expressed the Board’s appreciation to the Steering Committee that worked diligently on the plan as well as the Planning Board , staff , the consultants , and the public that provided their input Chairman Lawter noted that adoption of the plan is the first step and the next step is to draft ordinances that match up to the adopted plan Chairman Lawter stated if there are no objections by the Commissioners , he would like to direct staff to move forward with negotiating a consulting services agreement with the comprehensive land use plan consultants to assist with the land development code ordinance revisions There were no objections by the Commissioners 8 Manager Reports and Comments None 9 Board Reports and Comments Commissioner Ted G Godwin stated it was very gratifying and outstanding to see Miss North Carolina Teen Hanley Claire House bring back a state title Vice Chairman Patrick E Harris stated he appreciates the Board’s commitment to farmland preservation Vice Chairman Harris also stated he is very happy that the Board has gotten to the end of the road on the Comprehensive Land Use Plan and he looks forward to drafting the corresponding ordinances There being no further business , Commissioner Ted G Godwin moved the Board adjourn Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote The meeting adjourned at 6 33 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage