March 4, 2024 - 6:00 PM - Board of Commissioners Rezoning Agenda

10 PUBLIC NOTICE OF COUNTY BOARD MEETING March 4 , 2024 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , March 4 , 2024 at 6 00 pm or as soon thereafter as possible in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , NC The purpose of the meeting is to transact business as presented during the meeting Auxiliary aids for the handicapped will be made available upon reasonable notice Citizens that would like to address the Board for Public Comment or any of the cases listed below but have concerns with physically attending the meeting , may email those comments to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comments 3 Public Hearings Rezoning Conditional Use Requests CASE 24 - 01 - Applicant Hornet Homes , LLC Jonathan Andrews 4 CASE 24 - 02 - Applicant Stanley Hall 20 CASE 24 - 03 - Applicant Edgar Jose Mendez Cordova 34 CASE 24 - 04 - Applicant TowerCo 2013 LLC 53 4 Solid Waste Update 5 Manager Reports and Comments 6 Board Reports and Comments Page 1 of 82PageMarch 4 , 2024 6 00 pm 1 Approval Discussion of Agenda 2 Public Comments 3 Public Hearings Rezoning Conditional Use Requests After each rezoning case is heard , which is a legislative public hearing , the hearing will be recessed and the Board will render a decision CASE 24 - 01 REZONING PETITION Petition to remove 184 acres located at 15 , 25 , & 35 Chester Lane in O'Neals Township from the Environmentally Sensitive Area ESA Tax ID 11K99014N , 11K99014T & 11K99014U Owner Hornet Homes , LLC Applicant Hornet Homes , LLC Jonathan Andrews The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption based on the recommendation for approval Fact Sheet Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 24 - 02 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 846 acres of a 3943 tract located at 3509 Crockers Nub Road in the O'Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11P01031B Owner Stanley Hall Applicant Stanley Hall Conditional Zoning Request Electrical , lighting yard , and equipment storage for Duke Energy contractor The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet includes conditions Planning Board Minutes Application Conditional Rezoning Plat Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 24 - 03 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 208 acres of a 10 acre tract located at 416 David Road in Wilders Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16K02032 Owner Edgar Jose Mendez Cordova Applicant Edgar Jose Mendez Cordova Conditional Zoning Request Commercial tree service vehicle and equipment parking The Planning Board recommends DENIAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement for denial Page 2 of 82PageFact Sheet includes conditions Planning Board Minutes Application Proposed Rezoning Map Zoning Map Aerial Map Photos Proposed Statement of Consistency for Denial from Planning Board CASE 24 - 04 SPECIAL USE PERMIT REQUEST Petition for a special use permit for installation of a wireless telecommunications tower on 12 acres located at 3715 Jackson - King Road in Pleasant Grove Township Tax ID 13C02003D Owner 50 - 210 Community Fire Department , Inc Applicant Thomas H Johnson , Jr , Attorney representing TowerCo 2013 LLC Staff recommends DENIAL of the Special Use Permit request Staff Report Application Site Plan Site Review Zoning Map Aerial Map Photos 4 Solid Waste Update Staff will provide an update to the Board on Solid Waste 5 Manager Reports and Comments 6 Board Reports and Comments Page 3 of 82PageFACT SHEET REZONING CASE 24 - 01 Petition to remove 184 acres located at 15 , 25 , & 35 Chester Ln in the O'Neals Rezoning Petition Township from the Environmentally Sensitive Area ESA 11K99014N , 11K99014T , & 11K99014U Tax ID Hornet Homes , LLC Owner Hornet Homes , LLC Jonathan Andrews Applicant … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? O'Neals Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated " Rural Living Placetype " on the County's Envision Johnston Comprehensive Land Use Plan This area is characterized by low density residential development Sec 14 - 103 - Environmentally sensitive area district ES a Purpose and intent The environmentally sensitive area district ES is established as a district that overlays areas deemed environmentally sensitive Development within this overlay district shall comply with the regulations of the underlying zoning district , provisions of this section and any other applicable sections of this article b Definitions 1 Intermittent stream A natural drainage way , which shows up as a blue line on the USGA 75 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance 2 Perennial stream Perennial streams are streams that have essentially continuous flows Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek , White Oak Creek , Little Creek from the US 70 Clayton bypass to Swift Creek , and the Little River from the county line to NC 39 c Delineation of 1 Perennial stream buffers Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body , subject to the following conditions a The buffer shall be undisturbed and remain forested if currently forested b If the existing buffer is not forested , it shall be maintained in a natural state and allowed to revegetate c There shall be no fill allowed within the buffer area 2 Intermittent stream buffers Intermittent stream buffers shall have two zones as described below a Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body b Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1 3 Maintenance of buffers Zone 1 and zone 2 shall be maintained by the landowner or homeowners association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream , consistent with maintenance criteria as set out in the county design manual 4 Exemptions The following are exempt from the stream buffer requirements of this section a Areas that are mapped on the USGS quadrangle map that do not exist on the ground b Ponds and lakes created for animal watering , irrigation of farm lands , or other agricultural uses that are not part of a natural drainageway c Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26 , 1998 d Water dependent structures that are designed , constructed , and maintained to provide the maximum nutrient removal , have the least adverse affects on aquatic habitats and that protect water quality Page 4 of 82PagePage pageNumber5e Roads , bridges , stormwater management facilities , ponds , and utilities where no other practical alternative exists These structures shall be so located , designed , constructed , and maintained to have minimal disturbance , provide maximum nutrient removal , provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible f Ditches and manmade conveyances other than modified natural streams 5 Flood hazard areas There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance , which shall be defined as residential and nonresidential structures , including improvements or additions to such structures However , specifically allowed improvements include public utility structures , buried utilities , roadways and accessways , and recreational facilities as long as no structures are involved d Density regulations 1 Residential development is permitted at an overall density of one dwelling unit per acre 40,000 square feet minimum lot size of gross land area … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … STAFF RECOMMENDATION N A … See response from Johnston County Public Utilities Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 24 - 01 RECOMMENDS APPROVAL Page 5 of 82PagePage pageNumber6Planning Board Minutes Case 24 - 01 January 23 , 2024 Rezoning Case 24 - 01 Rezoning Petition Map Amendment petition to remove parcel from Environmentally Sensitive Area ESA Tax ID 11K99014N , 11K99014T , & 11K99014U Owner Hornet Homes , LLC Applicant Hornet Homes , LLC Jonathan Andrews Location 184 acres located at 15 , 25 , & 35 Chester Ln in the O'Neals Township Mr Marr introduced the case and referenced the information listed above Mr Marr also stated that he provided information from the Land Development Code , Sec 14 - 103 - Environmentally sensitive area district ES Mr Marr stated that in the Board's packet were maps provided by the Applicant to show their reasoning for the request , as well as a letter from Johnston County Public Utilities Director Chandra Farmer Mr Jonathan Andrews , 7841 Stephenson Rd , Apex , NC , Hornet Homes , LLC , was present to answer any questions the Board may have Mr Luis Vazquez , 996 Barnes Rd , Middlesex , NC , adjacent property owner , requested information on the possible impact of the removal from the Environmentally Sensitive Area District Mr Newton responded and referenced the Land Development Code , Sec 14 - 103 - Environmentally sensitive area district ES Mr Newton stated that any property in the district is limited to a minimum 40,000 square feet lot size and also limited for major development to a twelve percent maximum impervious surface Mr Newton also stated that it limits development within the floodplain Mr Newton stated that the Board has approved these requests in the past when it was demonstrated that the properties requesting removal from the district did not generate any surface flow that was flowing back to the tributaries or drainage basins for the tributaries Mr Newton referenced the letter from Johnston County Public Utilities Director Chandra Farmer Mr Lovering asked for clarification regarding the letter from Ms Farmer Mr Newton referenced Land Development Code , Sec 14 - 103 and stated that Moccasin Creek was not listed as one of the streams intended to be provided any protection under the Environmentally Sensitive Area District Mr Hudson asked if it was essentially changing what it was in Mr Newton responded that it was removing it because the Environmentally Sensitive Area District is not applicable to the Moccasin Creek tributary or drainage basin Page 6 of 82PagePage pageNumber7Mr Vazquez distributed photos to the Board and expressed concern for ongoing runoff issues from one of the subject properties , 15 Chester Ln Mr Vazquez spoke in favor of the houses , but wanted his concerns for water runoff addressed Mr Andrews responded that he thought it was an issue with the grass and offered to exchange contact information with Mr Vazquez to address his concerns Mr Andrews stated that the rezoning request was not about more or less water coming but about a label being incorrectly applied to the subject properties There was no further discussion Vice - Chair Davis asked for the staff recommendation Mr Marr provided a staff recommendation of approval and requested the Board refer to the provided response from Public Utilities Director Chandra Farmer Upon a motion by Ms Howard to approve Rezoning Case 24 - 01 , seconded by Mr Sasser , Rezoning Case 24 - 01 was recommended for approval by a unanimous vote of 7 - 0 at the January 23 , 2024 Planning Board Meeting Rezoning Case 24 - 01 will be heard by the Board of County Commissioners at their March 4 , 2024 meeting Page 7 of 82PagePage pageNumber8Page 8 of 82PagePage pageNumber9Page 9 of 82Page0Page 10 of 82Page1Page 11 of 82Page2Page 12 of 82Page3Page 13 of 82Page4Page 14 of 82Page5Page 15 of 82Page6 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 1666 - 1 in 1388 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling January 12 , 2024 Powered by TCPDF wwwtcpdforg Page 16 of 82Page7 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6307 - 1 in 52556 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling January 12 , 2024 Powered by TCPDF wwwtcpdforg Page 17 of 82Page824 - 01 Page 18 of 82Page9RESOLUTION FOR CASE NUMBER 24 - 01 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a parcels identified as tax Tag ID 11K99014N , 11K99014T , and 11K99014U located at 15 , 25 , and 35 Chester Lane in O'Neals Township , by removing the subject property from the Environmentally Sensitive Area Overlay District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with goal LU - 5 ; Discourage intense residential development in rural unincorporated areas 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Environmentally Sensitive Area Overlay District is intended to be consistent with the drainage basins of the perennial streams identified in the Johnston County Land Development Code , Section 14 - 103 b 2 ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that the map amendment corrects an inaccuracy 3 This Board approves the proposed zoning amendment , removing the subject parcels from the Environmentally Sensitive Area Overlay District th Adopted this the 4 day of March , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 19 of 82Page0FACT SHEET CONDITIONAL ZONING CASE 24 - 02 Rezoning Petition Petition to rezone 846 acres of a 3943 acre tract located at 3509 Crockers Nub Rd in the O'Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11P01031B Owner Stanley Hall Applicant Stanley Hall Conditional Zoning Request Electrical , lighting yard , and equipment storage for Duke Energy contractor … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? O'Neals Fire District and North Johnston Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR and is vacant land ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Crockers Nub Rd is not available ? Crockers Nub Rd does not appear on the Comprehensive Transportation Plan as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated " Agricultural Area " Placetype on the County's Envision Johnston Comprehensive Land Use Plan This denotes areas that are intended to remain rural while allowing some residential uses at very low densities … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Additional Information ? Number of notices sent 8 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … STAFF RECOMMENDATION APPROVAL based on the following consistency statement Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 24 - 02 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement The request is consistent with the Envision Johnston Comprehensive Land Use Plan RS - 1 " Strengthen emergency response and resiliency by tracking and preparing to manage emerging issues " The request is reasonable and in the public interest in that the development is listed as a conditional zoning in the Agricultural Residential zoning , and will have very limited traffic to and from site and will also help restore power more quickly after outages Page 20 of 82Page1Finding of Facts for the Conditional Zoning 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Requesting the area to be leased to have the zoning changed to accommodate the request to allow MasTec to use this area for an electrical , lighting yard and equipment storage as a Duke Energy Contractor 2 That the use of the 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 There are no neighborhoods in the rural area and would allow the applicant an additional use for this area 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 The property is located outside of Kenly This is a warehousing yard for MasTec , a Duke Energy Contractor The leased area will have a gravel base , chain linked fence , barbed wire on the top and be accessible through a gate There will be minimal traffic to the yard The yard will be used to store lighting and equipment 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 will allow for additional land use in the area Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant This is a warehousing yard for MasTec a Duke Energy Contractor Proposed to have the land use changed to commercial from agricultural The leased area will have a gravel base , chain linked fence , barbed wire on top and be accessible through a gate There will be minimal traffic to the yard The yard will be used to store lighting and equipment 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below A Permitted uses To allow for a lighting yard and equipment storage for MasTec , a Duke Energy Contractor There will be minimal traffic to the area Any lighting will be down lighting as to not shine on adjacent landowners Any signage , development , and or vegetation will be in coordination with Johnston County requirements Page 21 of 82Page2Conditions 1 Permitted Uses Lighting yard and equipment storage for MasTec , A duke Energy Contractor 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 4 Install Class B landscaping buffer Existing natural vegetation may be used if equal or more intense proposed by applicant 5 The area housing all the equipment shall be enclosed within an 8 ' screen fence topped with barbwire 6 Any lighting will be downlighting or dark sky so as not to shine on to adjacent properties Proposed by Applicant Page 22 of 82Page3Planning Board Minutes Case 24 - 02 January 23 , 2024 Rezoning Case 24 - 02 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11P01031B Owner Stanley Hall Applicant Stanley Hall Location 846 acres of a 3943 acre tract located at 3509 Crockers Nub Rd in the O'Neals Township Conditional Zoning Request Electrical , lighting yard , and equipment storage for Duke Energy contractor Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings A representative from MasTec , 1160 Country Club Rd Roxboro , NC , stated the particulars of the request and was present to answer any questions the Board may have The MasTec representative spoke about their intent to install a chain linked fence and asked about a vegetation requirement around a portion of the fencing and if it would be required given their intended distance from the road Mr Newton stated that the request is for a partial rezoning of the subject property Mr Newton stated that the County Ordinance requires a landscape buffer that borders the property of the more intense zoning from the less intense zoning district Mr Newton stated the buffer would need to be outside of the fence The MasTec representative asked about the height of the required vegetation buffer Vice - Chair Davis stated that it was a Class B buffer Mr Newton referenced the Johnston County Land Design Manual The MasTec representative reviewed the conditions included at the end of the staff report and agreed with those conditions There was no further discussion Vice - Chair Davis asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Page 23 of 82Page4Upon a motion by Mr Hudson to approve Rezoning Case 24 - 02 , seconded by Mr Little , Rezoning Case 24 - 02 was recommended for approval by a unanimous vote of 7 - 0 at the January 23 , 2024 Planning Board Meeting Rezoning Case 24 - 02 will be heard by the Board of County Commissioners at their March 4 , 2024 meeting Conditions 1 Permitted Uses Lighting yard and equipment storage for MasTec , A duke Energy Contractor 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 4 Install Class B landscaping buffer Existing natural vegetation may be used if equal or more intense proposed by applicant 5 The area housing all the equipment shall be enclosed within an 8 ' screen fence topped with barbwire 6 Any lighting will be downlighting or dark sky so as not to shine on to adjacent properties Proposed by Applicant Page 24 of 82Page5Page 25 of 82Page6Page 26 of 82Page7Page 27 of 82Page8Page 28 of 82Page9Page 29 of 82Page0 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 23898 - 1 in 199152 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling January 16 , 2024 Powered by TCPDF wwwtcpdforg Page 30 of 82Page1 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 16100 - 1 in 134167 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling January 16 , 2024 Powered by TCPDF wwwtcpdforg Page 31 of 82Page224 - 02 Page 32 of 82Page3RESOLUTION FOR CASE NUMBER 24 - 02 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 11P01031B located at 3509 Crockers Nub Road in O'Neals Township , from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a Certain low intensity non - residential land uses may be suitable in very low density residential and agricultural unincorporated areas of the county with proper development conditions 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that provides an indirect service to the county through infrastructure support operation , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards and established conditions , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 4th day of March , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 33 of 82Page4FACT SHEET CONDITIONAL ZONING CASE 24 - 03 Petition to rezone 208 acres of a 10 acre tract located at 416 David Rd in the Rezoning Petition Wilders Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 16K02032 Tax ID Edgar Jose Mendoza Cordova Owner Edgar Jose Mendez Cordova Applicant Commercial tree service vehicle and equipment parking Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? North Side Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Agricultural Residential and used for those purposes as well as for commercial Existing Land Use vehicle parking ? Zoned AR and used for residential and agricultural purposes There are several Surrounding Land Uses businesses on this road that have zoning violations … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of David Rd is not available ? David Rd does not appear on the CTP as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a " Low Density Residential " future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 6 ? This property came in as a zoning complaint to our office in June 2023 , along with several other properties on this road , for the violation of operating a commercial business in an Agricultural Residential zoning district STAFF RECOMMENDATION Denial , based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property Also , David Rd is not state maintained and is in very poor condition that can be made worse by the use of commercial vehicle travel Planning Board ? Several people spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 24 - 03 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is not consistent with the Envision Johnston Comprehensive Land Use Plan in that it is in a Low Density Residential area and not in close proximity to any activity nodes It also conflicts with LU - 1 of the Envision Johnston Plan that recommends " Direct future growth toward the municipalities " Page 34 of 82Page5Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant It is located in the countryside of Wendell , NC The lot is at the end of the neighborhood and cannot be seen from the street , since it is surrounded by trees The use of the lot will be used for the parking of 3 trucks , 2 trailers attached to the trucks , 1 bobcat on the trailer , stump grinder on the trailer , and a wood chipper connected to one truck 2 That the use of the 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 We will be contributing to the aesthetic of the neighborhood road It is a gravel road Typically with a couple of neighbors who have machinery farm equipment , we help upkeep the road 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 The area will strictly be used for the parking of the trucks and the equipment mentioned above Most of the neighbors have large vehicles ; ours are of similar size 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 Since the area we are rezoning will only be used for parking we consider we will not be having a major infrastructure affect as related to the Johnston County Comprehensive land use plans and policies Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The area to be rezoned is located within a 10 acre lot The area measures 9,048 square feet These measurements were provided by a survey done by John Lowdermilk It is a gravel and covered area It will have a partial fence along the south and east side Currently it has a small shed on the south side We will strictly use this space for parking 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant In the area to be rezoned there is a landscape buffer to provide screening from the street No additional lighting will be added At the moment we have 3 dump trucks , two of which have trailers , one with our bobcat and the other with our stump grinder The third truck has the wood chipper attached The area will be limited to 4 dump trucks with trailers and equipment We will also adhere to the Johnston County noise ordinance Page 35 of 82Page6Conditions 1 Proposed uses Parking of commercial vehicles , trailers , and construction equipment 2 Limited to 4 commercial trucks , 4 trailers , and all other equipment must be stored on trailers 3 The development shall conform to all requirements of the Johnston County Land Development Code 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 6 All signage shall comply with the Johnston County sign code 7 All structures must comply with all rules enforced by Federal , State , and Local agencies 8 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties Page 36 of 82Page7Planning Board Minutes Case 24 - 03 January 23 , 2024 Rezoning Case 24 - 03 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16K02032 Owner Edgar Jose Mendoza Cordova Applicant Edgar Jose Mendez Cordova Location 208 acres of a 10 acre tract located at 416 David Rd in the Wilders Township Conditional Zoning Request Commercial tree service vehicle and equipment parking Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Marr also stated this property came in as a zoning complaint to our office in June 2023 , along with several other properties on this road , for the violation of operating a commercial business in an Agricultural Residential zoning district Ms Howard asked if the subject property was part of the Windy Hill Subdivision Mr Newton responded yes Ms Howard asked if there were restrictive covenants for the subdivision Mr Newton stated that those are civil matters Ms Howard stated that David Rd is not a state maintained road Mr Marr confirmed Mr Calvin Mendez , representing the Owner Applicant , was present to answer any questions the Board may have Ms Howard asked if there was currently a manufactured home on the subject property Mr Mendez responded no Ms Howard asked if what she had was the proposed intent for the subject property Mr Mendez responded yes Ms Howard asked staff if they could rezone that small of a tract , 0208 acre , to business Page 37 of 82Page8Mr Newton responded that with any rezoning there was a concern for spot zoning Mr Newton stated that the other concern with regards to this particular request was the matter that there have been multiple properties in the neighborhood sent notices of violations for improper land use within the last six to eight months Mr Newton stated that this was developed as a residential neighborhood and staff has a concern for establishing a precedent by rezoning Ms Howard asked about the road at the end of David Rd Mr Newton responded Wendell Rd Ms Howard asked if any of the other properties have done anything in response to the violation notices Mr Newton responded that only one has been resolved to date Mr Marr spoke about several properties highlighted on MapClick GIS Mr Hudson stated that the petitioner would have to come all the way down David Rd with his trucks Mr Newton spoke about the concern for spot zoning in a residential development and the potential for setting a precedent within this residential development that would most likely lead to additional requests Mr Little expressed concern for the condition of the roadway for the rest of the residents as well as emergency vehicles with it not being in the state system Vice - Chair Davis asked about another property in the subdivision and its zoning Mr Newton confirmed that all were zoned residential in the subdivision Mr Fernando Hernandez , 3441 Wendell Rd , Wendell , NC , nearby resident , stated that he had a tow truck service and was looking to request a rezoning for his property as well as another one on David Rd Mr Hernandez addressed the Board's concern for the roads stating that the businesses on David Rd are the ones maintaining it and paying for sand , gravel , and asphalt Mr Hernandez stated that there were businesses along Wendell Rd in the area of David Rd Mr Jim Yeager , 409 David Rd , Wendell , NC , adjacent property owner , stated that he had a lawnmower shop on his property and has for about fifteen years Mr Yeager stated that he uses his equipment to help maintain the road along with his neighbors Mr Yeager stated that he was in the process of completing the rezoning application Mr Charles Wesley , 178 Deer Tracks Dr , Wendell , NC adjacent property owner , spoke in favor of the request Mr Sasser asked Mr Wesley about a neighboring property on David Rd Page 38 of 82Page9Mr Wesley stated the neighboring property did have trucks , tractors , and trash on his property and he was not aware of it and that he was still cleaning up trash that was on his property Mr Wesley stated that was not the case with Mr Cordova or Mr Yeager Mr Wesley stated that he spoke with the property owner to address his concerns Mr Sasser asked about the proposed zoning Mr Marr stated that all of the properties discussed were in violation currently except for the one that has been rectified and moved operations Mr Sasser asked if the property as it was would be in violation if it already had the requested rezoning Mr Marr stated it would depend on the conditions Mr Marr stated staff had received complaints about multiple properties on David Rd Vice - Chair Davis asked how long the property had been vacant Mr Marr responded that they submitted a rezoning application in August or September right after the violation notice Mr Marr stated that while it was being prepared for the Board , they found a warehouse and moved everything There was no further discussion Vice - Chair Davis asked for the staff recommendation Mr Marr provided a staff recommendation of denial based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property Mr Marr also stated , David Rd is not state maintained and is in very poor condition that can be made worse by the use of commercial vehicle travel Vice - Chair Davis asked Mr Mendez if there was an HOA Mr Mendez stated that there was not an HOA and all of the residents work to maintain the road Mr Yeager stated that when the subdivision owner passed away , it was turned over to some residents in the neighborhood to make up an HOA , but there was no agreement as to who would take it Mr Yeager stated he was the only original owner remaining Mr Sasser asked if there was anything in writing Mr Yeager responded no Ms Howard asked Mr Yeager if they were in violation of any restrictive covenants Mr Yeager stated that he did not know and that he was told the property was zoned unrestricted agriculture at the time of his purchase Page 39 of 82Page0Mr Sasser expressed concern for spot zoning and setting a precedent Mr Yeager stated that the majority of the neighborhood is businesses Mr Little stated an understanding for the businesses and expressed concern for setting a precedent Vice - Chair Davis spoke about the location of the request Mr Hernandez stated that most of them want to be in compliance Ms Gaby , 416 David Rd , Wendell , NC , stated that the request is for parking with no plans to construct or add any additional structures Vice - Chair Davis stated that there was a new subdivision going up to the north of this area off of Stotts Mill Rd Mr Hudson asked staff if they could delineate how many homeowners were on David Rd not including the ones operating businesses in violation Mr Newton reference MapGlick GIS Mr Hudson stated that it appeared to be 25 - 30 Ms Howard expressed concern for the request being in a residential neighborhood and concern for spot zoning Vice - Chair Davis asked about the difference between various home business types Mr Newton responded and spoke about home occupations and those guideline restrictions Mr Marr also explained home occupations and requirements Mr Lovering expressed concern for picking and choosing properties within a residential neighborhood for rezoning Mr Lovering commended the existing businesses for maintaining the road Vice - Chair Davis expressed concern for setting a precedent Staff Recommendation Denial Upon a motion by Mr Lovering to deny Rezoning Case 24 - 03 , seconded by Mr Crenshaw , Rezoning Case 24 - 03 was recommended for denial by a unanimous vote of 7 - 0 at the January 23 , 2024 Planning Board Meeting Rezoning Case 24 - 03 will be heard by the Board of County Commissioners at their Page 40 of 82Page1March 4 , 2024 meeting Page 41 of 82Page2Page 42 of 82Page3Page 43 of 82Page4Page 44 of 82Page5Page 45 of 82Page6Page 46 of 82Page7Page 47 of 82Page8Page 48 of 82Page9 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 8673 - 1 in 72277 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling January 18 , 2024 Powered by TCPDF wwwtcpdforg Page 49 of 82PagePage pageNumber5024 - 03 Ortho 01 24 2023 - 02 24 2023 Page 50 of 82PagePage pageNumber5124 - 03 Page 51 of 82PagePage pageNumber52RESOLUTION FOR CASE NUMBER 24 - 03 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY DENYING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of 16K02032 Johnston County , for the parcel identified as tax ID located at 416 David Road in the Wilders Township , from Agricultural Residential to General Business - Conditional Zoning WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land not Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public not interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because not the Land Use Plan and updates indicate that a The amendment request is not consistent with the Comprehensive Land Use Plan in that it does not align with goal LU - 2 ; Concentrate commercial development in activity nodes 2 This Board finds and determines that it is reasonable and in the public interest to adopt the not not proposed amendment because a The proposed development will have adverse impacts on existing low density residential neighborhood specifically with regard to the safe movement of traffic on David Road , an already degraded street , and the zoning and intended use will potentially legitimize numerous other illicit land uses in the neighborhood th Adopted this the 4 day of March , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 52 of 82PagePage pageNumber53STAFF REPORT REZONING AND SPECIAL USE CASE 24 - 04 Special Use Request Petition to request a Special Use Permit for 12 acres located at 3715 Jackson - King Rd in the Pleasant Grove Township Tax ID 13C02003D Owner 50 - 210 Community Fire Department , Inc Applicant Cellco Thomas H Johnson , Attorney Special Use Request Cellular tower with related equipment Utilities & Services • 50 210 Fire District and Rescue Squad Existing and Surrounding Land Uses Zoning • Existing Land Use Zoned AR and used as a fire department • Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Traffic Concerns • Traffic count for Jackson - King Rd is 2200 vpd 2022 • Jackson - King Road does not appear on the CTP as needing improvement Land Use Plan • This area is located within a designated " Low Density Residential Placetype " on the County's Envision Johnston Comprehensive Land Use Plan Additional Information • The county's technical consultant has reviewed this request • If approved , the construction of the tower will have to adhere to all federal , state , and local regulations pertaining to construction and maintenance of telecommunications facilities towers STAFF RECOMMENDATION Denial , based on designing the tower to reduce the number of tenants to four and not meeting setback requirements Also , Insufficient concealment with special consideration given to a new residential development currently under construction across Jackson - King Rd From the Johnston County Land Development Code in regards to granting Relief 26 Relief Any applicant desiring relief , waiver or exemption from any aspect or requirement of this section may request such at the preapplication meeting , provided that the relief or exemption is contained in the submitted application for either a special use permit or , in the case of an existing or previously granted special use permit a request for modification of its wireless telecommunications facility and or facilities Such relief may be temporary or permanent , partial or complete However , the burden of proving the need for the requested relief , waiver , or exemption is solely on the applicant to prove The applicant shall bear all costs of the county in considering the request and the relief , waiver , or exemption No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that , if granted the relief , waiver , or exemption , the same will have no significant effect on the health , safety , and welfare of the county , its residents , and other service providers Page 53 of 82PagePage pageNumber54Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant TowerCo 2013 LLC , a Delaware limited liability company " TowerCo " , on behalf of AT & T and FirstNet , a federal government authority , is seeking to install a telecommunications tower with the intention of establishing , operating , and maintaining an interoperable public safety broadband network The proposed facility is located to address an area needing wireless service improvement and thereby promotes public health , safety , and general welfare As recognized in NC General Statutes Section 160D - 930 a and in Section 14 - 257 o 1 of the Johnston County Land Development Code , the goal is " to ensure the ready availability of reliable wireless services to the public , governmental agencies and first responders , with the intention of furthering the public safety and general welfare " Many 911 emergency calls are made from cell phones , and greater access to cellular service will provide reliable access to emergency alerts , weather radar and warnings , and other necessary and critical information Reliable service is essential to quick recording and coordination of responses to accidents , criminal activity , health events , natural disasters , and other emergency situations that impact public health and safety In addition , this site will provide broadband internet access to a rural area of the County 2 That the use of the 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 A response to each ordinance is attached in the packet 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 Needed access to wireless service is a public necessity , as emergency services and wireless connectivity are important and integral parts of the community Greater access to wireless service may also improve efficiency among business and agricultural personnel in the surrounding area An illustration of the current limited coverage is shown on Exhibits 8 and 9 Currently , much of the area has little access to reliable cellular coverage , and this tower will meet the needs of those seeking reliable cellular coverage in the surrounding area An Impact Study by a licensed North Carolina appraiser will be provided to show no adverse impact on adjoining property values 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 Johnston County has expressed the goal of continuing to provide public safety services to residents See Goal 15 Greater access to telecommunications services and internet connectivity will provide greater access to emergency services and wireless connectivity , thereby ensuring more expeditious access to emergency services Additionally , Johnston County recognizes that facilitating the development of wireless service technology can be an economic development asset to the County and of significant benefit to the County and its residents The tower is designed to house up to 4 antenna arrays AT & T intends to install 1 antenna array on the tower , with additional space for up to 3 other antenna arrays , thereby providing an opportunity for collocation in the future , as shown on Sheet C5 of Exhibit 5 Specific Land Uses APPLICANT Cell Tower Page 54 of 82PagePage pageNumber55Special 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 Page 55 of 82PagePage pageNumber56Page 56 of 82PagePage pageNumber57Page 57 of 82PagePage pageNumber58Page 58 of 82PagePage pageNumber59Page 59 of 82PagePage pageNumber60Page 60 of 82PagePage pageNumber61Figure 5 AT & T Search Ring Map 030 mile Radius Page 61 of 82PagePage pageNumber62Figure 6 Ground Compound Plan Page 62 of 82PagePage pageNumber63February 6 , 2024 Mr Braston Newton , Director Johnston County Planning & Zoning 309 E Market Street Smithfield , NC 27577 Applicant Thomas H Johnston , Jr , on behalf of TowerCo 2013 LLC Provider New Cingular Wireless PCS , LLC a k a AT & T Mobility Site Name # McGee's Crossroads NW NC0286 Site Address 3715 Jackson - King Road , Willow Spring , NC 27592 Latitude N 35 ° 33 ' 380976 " Longitude W 78 ° 38 ' 11958 " Proposed Structure 195 ' Monopole Tower with 4 - foot Lightning Rod on top Dear Mr Newton , At your request , on behalf of Johnston County , North Carolina " County " , CityScape Consultants " CityScape " , in its capacity as a telecommunications consultant for the County , has considered the merits of an application for a Special Use Permit for a wireless telecommunications facility submitted on behalf of TowerCo 2013 LLC " Applicant " or " TowerCo " The Applicant proposes to construct a new one hundred and ninety - five 195 foot monopole tower with a four 4 foot attached lightning rod , see Figure 1 The subject property is located at 3715 Jackson - King Road It is zoned Agricultural and Residential AR and is approximately 12 acres in size The current use of the property is the 50 - 210 Community Fire Department Station No 2 A single - story brick building surrounded by blacktop for parking and vehicle access to and from Jackson - King Road exists on the property If approved , the proposed tower would be located about 023 miles south of the intersection of Jackson - King Road and White Memorial Church Road , and about 120 feet north of the northwest corner of the fire station building , see Figure 2 This proposed facility is intended to accommodate the antennas and ancillary equipment for AT & T Mobility " AT & T " as the anchor tenant However , there are no specifications in the application of 1 equipment particular to AT & T's operation at the proposed site , however , the application does include copies of AT & T's FCC licenses and exhibits from AT & T demonstrating why the proposed tower is essential to improving and upgrading AT & T's service network CityScape received the application materials from the County on December 12 , 2023 , and notified the County via email that the application was incomplete on December 8 , 2023 , because exhibits were 1 Sheet C5 of the Construction Drawings shows antennas in the vertical plan and horizontal plan sketches , but these are generic depictions that are typical of many wireless installations and thus are not specific to AT & T for this site Page 63 of 82PagePage pageNumber64missing from the application package After several re - submissions by the Applicant and subsequent reviews by the County and CityScape , the application was deemed complete on January 22 , 2024 The proposed new tower has been evaluated by CityScape from the following perspectives • Whether the proposed facility follows the guidelines of the Telecommunications Act of 1996 and subsequent federal legislation ; and • Whether the application complies with North Carolina Statutes § 160D - 930 through § 160D - 939 ; and • Whether the application is complete and complies with the applic