November 4, 2024 - 6:00 PM - Board of Commissioners Meeting Minutes (Rezoning)

10 1518 Meeting of the Johnston County Board of Commissioners November 4 , 2024 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 4 , 2024 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 , Ted G Godwin , Fred J Smith , Jr , April Stephens , and Bill Stovall 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 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner April Stephens , and carried by unanimous vote , the Board approved the agenda as presented 2 Public Comment None 3 Public Hearing Rezoning Requests Advertised – The Johnstonian News and The News in Review – October 23 and 30 , 2024 Certified letters were mailed to adjoining property owners on October 21 , 2024 Notices were posted at the locations on August 28 , 2024 for Cases 24 - 21 and 24 - 22 The Chairman opened the Special Use Hearing for Case 24 - 21 Case 24 - 21 Petition to request a Special Use Permit for property located in the 3000 block of Shoeheel Road SR 2127 in the Beulah Township Tax ID 03O05018B Owner Margie W Creech Applicant Network Towers , II , LLC Special Use Request A 284 ’ telecommunications self - support lattice tower inside of a 75 ’ x 75 ’ fenced in compound Those wishing to speak on Special Use Case 24 - 21 were sworn in by the Deputy Clerk to the Board Planning Director Braston Newton introduced the case and stated the petition is for a special use permit for the installation of a 284 ’ telecommunications self - supporting lattice tower inside of a 75 ’ x 75 ’ fenced in compound on property located in the 3000 block of Shoeheel Road in the Beulah Township Mr Newton stated the existing land use is zoned Agricultural Residential and used for those purposes Mr Newton stated the surrounding zonings are Agricultural Residential and used for agricultural and residential purposes Mr Newton stated the traffic count for this portion of Shoeheel Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement This area is located within a designated “ Agricultural Area ” place type on the County’s Envision Johnston Comprehensive Land Use Plan Mr Newton referenced the report from the County’s technical consultant , CityScape , in the agenda packet and noted the applicant is requesting a waiver from Section 14 b of the ordinance which states “ there shall be no development of habitable buildings within the fall zone set forth in the preceding section ” and also relief from the setback requirements for the eastern and western property lines He submitted the proposed special use conditions to 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 with the applicant for Case 24 - 21 on March 12 , 2024 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 Page1519 November 4 , 2024 – 6 00 pm Continued • 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 • If approved , the proposed and recommended special use conditions are as follows Special Use Conditions 1 Permitted Uses Proposed installation of a 284 ’ telecommunications self - support lattice tower inside a 75 ’ x 75 ’ fenced in compound The wireless telecommunications facility will be located within a 100 ’ x 100 ’ lease area 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 At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Newton stated staff’s recommendation was for denial because staff does not have the authority to approve the waivers requested by the applicant ; however , generally speaking staff had no other issues Chairman Lawter called for the applicant to come forward Attorney Anthony Bologna , 301 Fayetteville Street , Raleigh , North Carolina , representing Applicant Network Towers II , LLC , addressed the Board Mr Bologna asked for their application and supporting documentation to be admitted into evidence in support of the special use permit He stated they agree with all conditions except for condition # 6 which applies to monopole towers as this would be a lattice tower Mr Bologna reviewed the following presentation with the Board Page1520 November 4 , 2024 – 6 00 pm ContinuedPage1521 November 4 , 2024 – 6 00 pm ContinuedPagePage pageNumber51522 November 4 , 2024 – 6 00 pm Continued At the inquiry of Chairman Lawter , Mr Bologna stated with today’s engineering , towers are designed to crumble in on themselves versus falling over ; therefore , a fall zone of more than 150 ’ is not necessary Mr Bologna reviewed the Findings of Facts with the Board , as follows PagePage pageNumber61523 November 4 , 2024 – 6 00 pm Continued Finding 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 The proposed wireless telecommunication facility has been sited and designed to maintain promote the public health , safety , and general welfare by improving voice and data usage in the surrounding area According to 911 gov over 81 of 911 calls are made by wireless devices Cellular usage is the primary form of communication for most people today 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 The proposed wireless telecommunication facility will comply with all regulations and standards generally applicable with the zoning district AR - Agricultural Residential Additionally , the proposed use will meet the requirements and design standards governing wireless telecommunication facilities found in Section 14 - 257 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 proposed wireless telecommunication facility is a use that is a public necessity as cellular use is the primary form of communication for most people today The proposed use will allow students to have access to the latest educational opportunities , allow employees the opportunity to work from home , allow local business and emergency workers to communicate effectively 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 The proposed wireless communication facility is a use that will be consistent with Johnston County general plans for development of the county In today’s society , reliable wireless service is a necessity for residents , students , business and emergency personnel The use will provide Verizon with the needed infrastructure to expand their wireless service footprint within the county Specific Land Uses APPLICANT Proposed installation of a 284 ’ telecommunications self - support lattice tower inside a 75 ’ x75 ’ fenced in compound The wireless telecommunications facility will be located within a 100 ’ x100 ’ lease area At the inquiry of Commissioner Ted G Godwin , Attorney Tom Johnson , also representing Network Towers II , LLC , stated this tower would provide coverage in an area where there is currently none He reviewed the pre and post RSRP coverages with the Board Upon a question by Commissioner Bill Stovall , Mr Bologna stated the waiver requested as it pertains to development is in case the landowner would like to develop a home or dwelling outside of the fall zone limit of 150 ’ He stated to accommodate the proposed location of the tower in order to get a higher elevation and to make use of the existing wooded area , a setback reduction is requested At the inquiry of Chairman Lawter , Mr Bologna confirmed the need to remove condition # 6 since it does not apply to lattice towers CityScape Consultant Project Manager Susan Rabold stated the County’s ordinance does not have a definition for “ break point ” ; however , they work with a number of local governments that do offer a definition and they incorporate break point into their zoning codes She stated when looking at this application , CityScape took that experience into account in their review and found the proposed information provided by the applicant showed an appropriate break point location on the tower Ms Rabold stated they recommend the applicant provide , at the time of permitting , a full structural analysis that shows the break point on the tower matches what was provided in their application Upon a question by Commissioner Godwin , Ms Rabold stated she is not aware of any history of break point failures Mr Bologna confirmed their agreement with providing a structural analysis at the time of permitting There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton stated staff originally recommended denial of the request because staff does not have the authority to approve the waivers as requested ; however , considering the evidence presented at this hearing , staffPagePage pageNumber71524 November 4 , 2024 – 6 00 pm Continued would like to change that recommendation to approval He noted the Planning Board held the required public forum There being no further comments , the Chairman closed the Special Use Hearing for Case 24 - 21 Decision on Special Use Case 24 - 21 Case 24 - 21 Petition to request a Special Use Permit for property located in the 3000 block of Shoeheel Road SR 2127 in the Beulah Township Tax ID 03O05018B Owner Margie W Creech Applicant Network Towers , II , LLC Special Use Request A 284 ’ telecommunications self - support lattice tower inside of a 75 ’ x 75 ’ fenced in compound Based on the following findings of facts and special use conditions , removing condition # 6 as it pertains to monopole towers and adding a condition approving the waivers as requested by the applicant , Commissioner Ted G Godwin moved the Board approve the special use permit for Case 24 - 21 to allow for the installation of a 284 ’ telecommunications self - support lattice tower inside of a 75 ’ x 75 ’ fenced in compound on property located in the 3000 block of Shoeheel Road in the Beulah Township Commissioner April Stephens 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 use is located , designed , and proposed to be operated in a manner that will promote the public health , safety , and general welfare The proposed wireless telecommunication facility has been sited and designed to maintain promote the public health , safety , and general welfare by improving voice and data usage in the surrounding area According to 911 gov over 81 of 911 calls are made by wireless devices Cellular usage is the primary form of communication for most people today 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 proposed wireless telecommunication facility will comply with all regulations and standards of the applicable Johnston County Code of Ordinances The Applicant will be required to go through site plan approval with the Johnston County Planning Department A site specific development plan prepared by TKK Engineering dated August 20 , 2024 , has been submitted and meets all development approval regulations including those in Section 14 - 257 of the Code The County’s consultant , CityScape , confirmed that the Tower complies with the standards in Section 14 - 257 except for the Modifications that were approved by the Commissioners based upon clear and convincing evidence presented at the hearing 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 ; The proposed wireless telecommunication facility is a use that is a public necessity as cellular use is the primary form of communication for most people today The proposed use will allow students to have access to the latest educational opportunities , allow employees the opportunity to work from home , allow local business and emergency workers to communicate effectively 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 Johnston County’s Land Use Plan has the goal of continuing to provide public safety services to residents 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 proposed wireless communication facility is a use that will be consistent with Johnston County general plans for development of the county In today’s society , reliable wireless service is a necessity for residents , students , business and emergency personnel The use will provide Verizon with the needed infrastructure to expand their wireless service footprint within the county Specific Land Uses Installation of a 284 ’ telecommunications self - support lattice tower inside a 75 ’ x 75 ’ fenced in compound The wireless telecommunication facility will be located within a 100 ’ x 100 ’ lease area Special Use Conditions 1 Permitted Uses Proposed installation of a 284 ’ telecommunications self - support lattice tower inside a 75 ’ x 75 ’ fenced in compound The wireless telecommunications facility will be located within a 100 ’ x 100 ’ lease area 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 PagePage pageNumber81525 November 4 , 2024 – 6 00 pm Continued 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 The proposed structure shall not be lighted unless FAA requires 7 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 8 The facility shall be constructed so that access is only attainable by qualified personnel 9 Waiver is hereby granted from Section 14 b of the ordinance which states “ there shall be no development of habitable buildings within the fall zone set forth in the preceding section ” and also relief from the setback requirements for the eastern and western property lines as requested by the applicant The Chairman opened the Rezoning Hearing for Case 24 - 22 tabled until December Case 24 - 22 Petition to rezone a 188 acre tract located at 2735 Powhatan Road in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J05012R Owner Novo Nordisk Pharmaceutical Industries , LP Applicant Novo Nordisk Pharmaceutical Industries , LP Planning Director Braston Newton noted the applicant is not present for this request and asked for it to be tabled until the December meeting The Chairman tabled Case 24 - 22 until the December 2 , 2024 6 00 pm meeting and the Board agreed by consent 4 Manager Reports and Comments None 5 Board Reports and Comments None There being no further business , Vice Chairman Patrick E Harris moved the Board adjourn Commissioner April Stephens seconded the motion , which carried by unanimous vote The meeting adjourned at 6 25 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage