October 5, 2026 - 6:00 PM - Board of Commissioners Rezoning Agenda
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10 PUBLIC NOTICE OF COUNTY BOARD MEETING October 5 , 2026 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , October 5 , 2026 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 For citizens that would like to address the Board for Public Comment or on 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 @ johnstonncgov The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Recognition of Johnston County 12U Tarheel League State Baseball Champions 3 Public Comment 4 Public Hearings Rezoning Conditional Use Requests CASE 26 - 03 – Applicant Anthemnet , Inc 4 CASE 26 - 04 – Applicant James G Batchelor , Jr Withdrawn by Applicant 5 Capital Area Metropolitan Planning Organization CAMPO Update 6 Update on Unified Development Ordinance Second Community Meeting 7 Manager Reports and Comments 8 Board Reports and Comments Page 1 of 58PageOctober 5 , 2026 6 00 pm 1 Approval Discussion of Agenda 2 Recognition of Johnston County 12U Tarheel League State Baseball Champions 3 Public Comments 4 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 26 - 03 SPECIAL USE REQUEST - Petition to add a special use to a 31003 acre parcel located at 435 Taylor Road in the Cleveland Township that is zoned Agricultural Residential AR Tax ID 06D02013R Owner Winfred Craig Ennis Applicant Anthemnet , Inc Special Use Request Telecommunication Facility Staff Report Planning Board Minutes Application Zoning Map Aerial Map Site Plan Photos CASE 26 - 04 Withdrawn by Applicant REZONING PETITION - Petition to rezone 813 acres located at 488 Old Drug Store Road in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01015 Owner Jamie C Batchelor , Patricia J Ansley & James G Batchelor , Jr Applicant James G Batchelor , Jr Conditional Zoning Request Outdoor Storage and Auto Sales The Planning Board recommends DENIAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for denial 5 Capital Area Metropolitan Planning Organization CAMPO Update Taylor Cooleen with the Capital Area Metropolitan Planning Organization CAMPO will present an update to the Board 6 Update on Unified Development Ordinance Second Community Meeting 7 Manager Reports and Comments 8 Board Reports and Comments Page 2 of 58PageNOTICE OF PUBLIC HEARING The Johnston County Board of Commissioners will conduct Rezoning Petition Application Public Hearings for the following cases on Monday , October 5 , 2026 at their 6 00 pm meeting After each rezoning case is heard , the rezoning public hearing , which is a legislative hearing , will be recessed and the Board will render a decision These hearings will be held in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , North Carolina If there are any citizens that would like to address the Board regarding any of the cases listed below but have concerns with physically attending the meeting , please email those concerns to Clerk to the Board Dana Cuddington at danacuddington @ johnstonncgov or call 919 989 - 5100 The meeting will be live streamed through YouTube at https wwwyoutubecom jocogovnc CASE 26 - 03 Special Use Request Petition to add a special use to a 31003 acre parcel located at 435 Taylor Rd in the Cleveland Township that is zoned Agricultural Residential AR Tax ID 06D02013R Owner Winfred Craig Ennis Applicant Anthemnet , Inc Special Use Request Telecommunication Facility CASE 26 - 04 Rezoning Petition Petition to rezone 813 acres located at 488 Old Drug Store Rd in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01015 Owner Jamie C Batchelor , Patricia J Ansley & James G Batchelor Jr Applicant James G Batchelor Jr The public may obtain additional information on the above rezoning cases through the Johnston County Planning and Zoning Department located at 309 E Market Street , Smithfield , North Carolina between the hours of 8 00 am and 5 00 pm , Monday through Friday , or call 919 - 989 - 5150 Patrick E Harris , Chairman Johnston County Board of Commissioners Page 3 of 58PageSTAFF REPORT SPECIAL USE CASE 26 - 03 Special Use Request Petition to add a special use to a 31003 acre parcel located at 435 Taylor Rd in the Cleveland Township that is zoned Agricultural Residential AR Tax ID 06D02013R Owner Winfred Craig Ennis Applicant Anthemnet Inc Special Use Request Telecommunication Facility Utilities & Services ? 50 210 Fire District and Rescue Squad Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR and used for those purposes ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Traffic Concerns ? Traffic count for Taylor Rd is not available ? Taylor Rd appears on the Comprehensive Transportation Plan as a secondary road with adequate design capacity with no noted improvement needed 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 STAFF RECOMMENDATION Approval , based on the following consistency statement , finding of facts , and special use conditions Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that the tower height is allowed in this land use area The request is reasonable and in the public interest in that , the use can be limited in scope using special conditions and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public 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 telecommunication facility will have no detrimental impacts to the public health , safety , or general welfare The compound will be located within the existing tree Page 4 of 58PagePage pageNumber5line on the property , the least visually intrusive location within the parcel The structure and compound comply with the standards and regulations set forth in Sec 14 - 257 , - Standards of the Johnston County Land Use Code There will be no impact to County resources , such as public utilities , or to the adjacent land uses 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 As shown in the submitted application materials , this proposed telecommunication facility is in compliance with the standards and regulations set forth in Sec 14 - 257 Standards , of the Johnston County Land Use Code All Federal and State regulations have been met There will be no impact to the adjacent land uses and will be concealed by the surrounding existing tree line 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 telecommunication facility is to be located on the eastern part of the parcel , and will be concealed by the existing tree line The existing landscape will be preserved to the best extent possible in order to conceal the proposed tower and ground equipment This tower will have no detrimental impacts on the surrounding land uses 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 purpose of the proposed telecommunication facility is to improve the existing cellular communication network within the area and to provide space for additional users to benefit from this development This structure will support and improve E911 communication within the County Specific Land Uses APPLICANT Telecommunication Facility Special Use Conditions 1 Permitted Uses Telecommunication Facility 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 5 of 58PagePage pageNumber6Planning Board Minutes Case 26 - 03 August 18 , 2026 Case 26 - 03 Special Use Request Petition to add a special use to a 31003 acre parcel located at 435 Taylor Rd in the Cleveland Township that is zoned Agricultural Residential AR Tax ID 06D02013R Owner Winfred Craig Ennis Applicant Anthemnet Inc Special Use Request Telecommunication Facility Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned Agricultural Residential AR and used for those purposes Mr Marr stated that the surrounding land uses were zoned Agricultural Residential AR and used for agricultural and residential purposes Mr Marr stated that the area is located within a designated “ Low Density Residential Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan Mr Marr stated that the County’s technical consultant has reviewed the request Mr Tom Terrell , Greensboro , NC , Attorney with Fox Rothschild , stated the particulars of the request and was present to answer any questions from the Board Mr Terrell provided the Board with materials Mr Terrell spoke about data research from the Pew Research Center Mr Terrell spoke about the process and why towers go where they go Mr Terrell stated that tower companies do not make the decision and that it is all carrier driven and that it is the carriers who have to maintain a network because signals are handed off tower to tower Mr Terrell stated that the closest towers are between 16 miles and 3 miles in this case Mr Terrell spoke about the review completed by CityScape Mr Terrell spoke about the County’s standard for promoting public safety and maintaining public health Mr Terrell spoke about consistency with the County’s Land Use Plan and the need for adequate digital infrastructure Mr Terrell spoke about a buffer of mature trees remaining between the proposed tower location and homes Mr Terrell stated that a notice was sent out in February about the balloon test Mr Terrell stated that the tower would be a 199 foot tower Mr Rich Kirkland , 9408 Northfield Court , Raleigh , NC , Kirkland Appraisals , was present to answer any questions from the Board and distributed a report to the Board Mr Kirkland stated that they conducted a match pair analysis looking at homes in proximity to cell towers to see if there is any impact and that it is a standard appraisal technique Mr Kirkland stated that the closest home to the proposed cell tower location is 710 feet away Mr Kirkland stated that the data presented supports finding no impact on property values based on the proposed use Mr Kirkland stated there was a chart on page 28 at the back of the report that summarized the data points Page 6 of 58PagePage pageNumber7Ms Karina Fournier , Anthemnet Inc , stated the particulars of the request and was present to answer any questions from the Board Ms Fournier stated that they entered a lease with the subject property owners Ms Fournier stated that the proposed tower would be 199 feet which would be 195 feet to the top of steel and then a 4 foot lightning rod Ms Fournier stated that the tower would not be lit and received clearance from the FAA Ms Fournier stated that there would be a 50 x 50 compound area at the base of the tower and would be surrounded by a chainlink fence Ms Fournier stated that they would install landscaping around the perimeter of the compound as required by the County Ms Fournier stated that Verizon would be the anchor tenant for the tower and T - Mobile would be the second carrier Ms Fournier stated that there would be a 20 foot access and utility easement from Taylor Rd to the tower itself Ms Fournier stated that it would not affect the farming on the subject property Ms Fournier stated that there would be a 12 foot wide gravel access road Ms Fournier stated that they conducted a balloon fly test and a visual impact study Ms Fournier discussed some of the simulation photos Chairman Little asked if the balloon goes up and then they go to the properties to see if the balloon is visible Ms Fournier responded that they hire engineers that fly the balloon and take photos from those areas and they are able to simulate based off of the balloon Ms Fournier stated that it is an accurate depiction of the height of the tower based on the tree lines Ms Fournier stated that the visual impact study shows where it is visible based on foliage and when there is no foliage Ms Coats stated that there was a notice of public hearing that was mailed by the County as required within the timelines for the ordinance for special use permits Ms Fournier stated that notice requirements have been met Mr Terrell stated that information from the tower company was mailed in February and that he was referencing a comment that he had heard before the hearing from a neighbor Ms Marilyn Loveras , 1208 Adams Point Dr , Garner , NC , asked about the label of Adams Point and how it pertains to their development Ms Loveras asked about the impact on Adams Point Mr Newton showed the subject property on MapClick and stated that he thinks they are calling the project Adams Point Mr Terrell confirmed Mr George Stephens , 7017 Scarlett Ln , Garner , NC , adjacent property owner , spoke in opposition and expressed concerns about flashing lights Mr Stephens stated that during hunting season , he can see the Ennis ’ tree stand in the corner of the clear field Mr Stephens expressed concern for noise and the potential buzz or hum from the cell tower Mr Stephens stated that they moved there for serenity and spoke about a creek that runs between the landline Mr Stephens spoke about the presence of wildlife Mr Stephens expressed concern for seeing a huge tower out of his back door or window Mr Stephens asked about a schedule for routine tests Mr Stephens expressed concern for the construction phase of the tower and the impact on wildlife Page 7 of 58PagePage pageNumber8and the creek Mr Stephens stated that he has 30 plus years in telecommunications and he works from home Mr Stephens stated that he has 5G and it works fine , that he uses the hotspot from his phone and doesn’t have any trouble Mr Stephens expressed concern for the potential impact on property values and possible health issues Mr Brendan Olson , 161 Barringer Dr , Garner , NC , nearby property owner , stated that the photo used in the presentation was not accurate for the time of the balloon test Mr Olson spoke about the topography of the land Mr Olson expressed concern for not receiving a notice and needed more public notice Mr Olson stated that he has lived there for 13 years and never had any cell phone issues Mr Olson asked about the next steps in the process and if the public could get access to the additional presentation materials provided by the applicant Mr Marr stated that the next step would be the hearing before the Board of County Commissioners at their October 5 , 2026 meeting and that it is open to the public Mr Newton stated that the October 5th meeting will be the actual hearing and that the current meeting is not a hearing but a public forum for the public to learn about the project and find out information Mr Newton stated that the Board of County Commissioners is the decision - making body Mr Newton stated that staff could provide any of the information in the agenda packet and requested that those interested in receiving information email the Planning Office Mr Newton stated that North Carolina General Statute simply states adjacent properties only with regards to public notice for any type of land use action or consideration and that the Planning Office goes beyond that with notices to anything within 150 feet of the subject property boundary Mr Olson asked about how information shared at the meeting will get portrayed to the County Commissioners and does the public have a chance to share their concerns to them as well Mr Newton responded that the County Commissioners ’ meeting is a public hearing where they will hear arguments from the public Mr Newton stated that it is a quasi - judicial hearing which is an evidentiary based hearing meaning that you simply have to have substantial confident material evidence presented Mr Phill Herrell , 169 Barringer Dr , Garner , NC , adjacent property owner , asked about getting the information before the October 5th meeting and about the decision already being made before that meeting Mr Newton responded no and that the decision gets made at or after the October 5th hearing Mr Newton stated that the Planning Board takes no action and that tonight’s meeting is a venue for the public to get information about the details of the project Mr Newton stated that staff would be glad to provide copies of the information to the public Mr Herrell stated that he probably has the largest frontage and is probably one of the houses within the 700 feet of the tower Mr Herrell expressed concern for potential health issues from EMF , as well as concerns for the potential impact on the stream and wildlife and neighborhood Page 8 of 58PagePage pageNumber9Ms Coats stated that the ordinance specifically stated that no part of the forum or recommendation may be used as a basis for the decision made on each case when it gets to the Board of Commissioners Ms Coats stated that folks are hearing about some of these things for the first time tonight and thats not unusual and thats whats contemplated by the whole process Ms Coats stated that the applicant may also be hearing some things for the first time at tonight’s meeting Ms Coats stated that anyone could email Planning to receive any of the information and that staff would respond timely Mr Stephens stated that he emailed Planning ten days ago and received a response right away , but that the mailer does not get a response There was no further discussion Special Use Case 26 - 03 will be heard by the Board of County Commissioners at their October 5 , 2026 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that the tower height is allowed in this land use area The request is reasonable and in the public interest in that , the use can be limited in scope using special conditions and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public 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 telecommunication facility will have no detrimental impacts to the public health , safety , or general welfare The compound will be located within the existing tree line on the property , the least visually intrusive location within the parcel The structure and compound comply with the standards and regulations set forth in Sec 14 - 257 , - Standards of the Johnston County Land Use Code There will be no impact to County resources , such as public utilities , or to the adjacent land uses 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 As shown in the submitted application materials , this proposed telecommunication facility is in compliance with the standards and regulations set forth in Sec 14 - 257 Standards , of the Johnston County Land Use Code All Federal and State regulations have been met There will be no impact to the adjacent land uses and will be Page 9 of 58Page0concealed by the surrounding existing tree line 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 telecommunication facility is to be located on the eastern part of the parcel , and will be concealed by the existing tree line The existing landscape will be preserved to the best extent possible in order to conceal the proposed tower and ground equipment This tower will have no detrimental impacts on the surrounding land uses 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 purpose of the proposed telecommunication facility is to improve the existing cellular communication network within the area and to provide space for additional users to benefit from this development This structure will support and improve E911 communication within the County Specific Land Uses APPLICANT Telecommunication Facility Special Use Conditions 1 Permitted Uses Telecommunication Facility 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 10 of 58Page1Page 11 of 58Page2Page 12 of 58Page3Page 13 of 58Page4Page 14 of 58Page5Page 15 of 58Page6Page 16 of 58Page7Page 17 of 58Page8Page 18 of 58Page9Page 19 of 58Page0Page 20 of 58Page1Page 21 of 58Page2Page 22 of 58Page3Page 23 of 58Page4Page 24 of 58Page5Page 25 of 58Page6Page 26 of 58Page7Page 27 of 58Page8Page 28 of 58Page9Page 29 of 58Page0Page 30 of 58Page1Page 31 of 58Page2 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 17656 - 1 in 147137 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 August 12 , 2026 Powered by TCPDF wwwtcpdforg Page 32 of 58Page3 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 7007 - 1 in 58391 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 August 12 , 2026 Powered by TCPDF wwwtcpdforg Page 33 of 58Page4Page 34 of 58Page5Page 35 of 58Page6Page 36 of 58Page7Page 37 of 58Page8Page 38 of 58Page9Page 39 of 58Page0Page 40 of 58Page1Page 41 of 58Page2Page 42 of 58Page3Page 43 of 58Page4Page 44 of 58Page5Page 45 of 58Page6Page 46 of 58Page7Page 47 of 58Page8Page 48 of 58Page9Page 49 of 58PagePage pageNumber50Page 50 of 58PagePage pageNumber51Page 51 of 58PagePage pageNumber52Page 52 of 58PagePage pageNumber53Page 53 of 58PagePage pageNumber54Page 54 of 58PagePage pageNumber55Page 55 of 58PagePage pageNumber56Page 56 of 58PagePage pageNumber57Page 57 of 58PagePage pageNumber5826 - 03 Page 58 of 58Page