August 5, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 915 Meeting of the Johnston County Board of Commissioners August 5 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 5 , 2019 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted 1 Resolution for Placement of Portrait – Retired Chief District Court Judge Albert A Corbett , Jr The Honorable Judge Paul Holcombe addressed the Board of Commissioners on behalf of the Johnston County Bar Association and the District Court Judges from Johnston , Lee , and Harnett Counties Judge Holcombe presented a resolution to the Board and requested its adoption approving the placement of a portrait of Retired Chief District Court Judge Albert A Corbett , Jr in the historic Old Superior Courtroom Courtroom # 4 in the Johnston County Courthouse Judge Holcombe recognized Judge Corbett and his daughter , Sarah , in the audience and read aloud the following resolution RESOLUTION SUPPORTING THE COMMISSION AND PLACEMENT OF A PORTRAIT OF THE HONORABLE ALBERT A CORBETT , JR INTO THE JOHNSTON COUNTY COURTHOUSE WHEREAS , Albert A Corbett , Jr is a native son of Johnston County , North Carolina , having been born here on October 19 , 1943 ; and WHEREAS , Albert A Corbett , Jr was graduated from Wilson’s Mills High School in 1962 ; and WHEREAS , he , thereafter , completed his undergraduate education at Wake Forest University , graduating in 1966 ; and WHEREAS , he was admitted to the Wake Forest University School of Law in 1966 and graduated from Wake Forest Law School in 1969 ; and WHEREAS , he began his legal career in Smithfield , North Carolina , where he built a general practice of law and earned a reputation as a tenacious lawyer who enjoyed the respect of the Bar and the Bench ; and WHEREAS , Albert A Corbett , Jr served as Attorney for the Johnston County Board of Education for twenty 20 years and was devoted to his community and clients and the practice of law ; and WHEREAS , in 1990 , he offered himself as a candidate for the District Court bench and was elected to that position and continued to be elected and served honorably on the District Court bench and , for thirteen 13 years served as Chief District Court Judge for the Eleventh Judicial District ; and WHEREAS , Albert A Corbett , Jr served the people of Johnston , Lee , and Harnett Counties with honor and distinction ; and WHEREAS , the Johnston County Bar Association committee , in cooperation with the Clerk of Superior Court , has determined that the portrait of Chief District Court Judge Albert A Corbett , Jr should be hung in Courtroom 4 of the Johnston County Courthouse in conformity with the hanging of portraits of previous judges ; andPage916 August 5 , 2019 – 6 00 pm Continued WHEREAS , the committee has received favorable response from the community at large as to this project ; and WHEREAS , the Johnston County Bar Association has also planned a ceremony for the hanging of the portrait ; and WHEREAS , the Johnston County Bar Association has requested the Johnston County Board of Commissioners to support and approve the portrait hanging of the Honorable Albert A Corbett , Jr NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners , in recognition and appreciation of his many contributions to the community and to the legal profession , does , as a reflection of our and this County’s respect and esteem for our retired Chief District Court Judge , adopt these resolutions ; and BE IT FURTHER RESOLVED , that the Johnston County Board of Commissioners does hereby approve of the hanging of the portrait of Judge Corbett in Courtroom 4 of the Johnston County Courthouse as well as the planned ceremony for the hanging of the portrait by the Johnston County Bar Association th Adopted this the 5 day of August , 2019 Upon motion of Commissioner Tony Braswell , seconded by Commissioner Patrick E Harris , the foregoing resolution was passed by unanimous vote The Board congratulated Judge Corbett and thanked him for all he has done for Johnston County 2 NCACC 2019 Youth Voice Summit Johnston County Delegate The Board welcomed Miss Emily Worth , Johnston County 4 - H Member and rising senior at Corinth Holder High School , who will be serving as this year’s delegate representing Johnston County at the 2019 Youth Voice Summit Miss Worth provided the Board with a background on her experience with 4 - H in Johnston County stating she participates with the 4 - H Horse Club , public speaking presentations , interview competitions , workshop attendance , and many other things Miss Worth spoke highly of her time with 4 - H and on the many skills she has acquired which can be used throughout her life Miss Worth also stated 4 - H has allowed her to gain invaluable leadership experience which she will use while serving as the 2019 - 2020 North Carolina State 4 - H President Miss Worth stated she is very excited to be representing Johnston County at the upcoming North Carolina Association of County Commissioners Youth Voice Summit and meet new people The Board commended Miss Worth for her accomplishments and wished her well as she represents Johnston County at the 2019 Youth Voice Summit 3 Public Comment A Reid Stephenson – Flowers Plantation – ETJ Request Reid Stephenson , representing Flowers Plantation , referenced the Board’s action from the 10 00 am meeting which rescinded the letter dated August 13 , 2018 sent to the Town of Clayton , providing the two year written notice of the County’s intent to rescind the ETJ area granted to the Town by the County on December 3 , 2007 Mr Stephenson requested the Board to remove two parcels of property that are a part of the Flowers Plantation development from that recension , which would put those two parcels back under the County’s jurisdiction instead of the Clayton ETJ Mr Stephenson further requested the Board to rescind a sewer easement granted to the Town of Clayton by Johnston County located on the west side of the Neuse River in the Flowers Plantation area Mr Stephenson explained their reasoning for the requests and offered to answer any questions Following discussion , the Board advised Mr Stephenson that the protocol for removing parcels from a town’s ETJ usually begins with the town making the request itself ; therefore , the Town of Clayton would need to make this request before the Board can consider it The Board took the sewer easement request under advisement to allow time to look into the matter further with staff Page917 August 5 , 2019 – 6 00 pm Continued 4 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – July 26 and August 2 , 2019 ; The Johnstonian News and The News in Review – July 24 and 31 , 2019 Certified letters were mailed to adjoining property owners on July 22 , 2019 Notices were posted at the location on May 30 , 2019 for Cases 19 - 13 and 565 MOD The Chairman opened the Rezoning Hearing for Case 19 - 13 Case 19 - 13 Petition to rezone 13 acres of a 54 acre tract located at 2072 Old Rock Quarry Road in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 04P10007B Owner James and Sherry Worley Applicant ESA Princeton 2 , LLC Planning Director Braston Newton stated the petition is to rezone 13 acres of a 54 acre tract located at 2072 Old Rock Quarry Road in Boon Hill Township from Agricultural Residential to Industrial 2 – Special Use District Mr Newton noted that 35 acres of this tract has already been rezoned to Industrial 2 – Special Use District in a previous meeting He noted the special use request associated with the rezoning is to allow for a solar utility facility Mr Newton stated the site is currently used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; Industrial 2 – Special Use District and used for a solar farm ; and R - 1 , R - 2 , and R - 4 in the Princeton ETJ and used for agricultural and residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Javier Latre , representing Applicant ESA Princeton 2 , LLC , stated the 13 acres is being added to the overall acreage in order to expand the solar farm area He offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 19 - 13 Decision on Rezoning Case 19 - 13 Case 19 - 13 Petition to rezone 13 acres of a 54 acre tract located at 2072 Old Rock Quarry Road in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Thirty five 35 acres of this tract has already been rezoned to I - 2 SUD Case 15 - 01 Tax ID 04P10007B Owner James and Sherry Worley Applicant ESA Princeton 2 , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 13 Commissioner Butch Lawter seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 13 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 § 153A - 341 , 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 County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 04P10007B located at 2072 Old Rock Quarry Road in Boon Hill Township , as shown on the attached Exhibit A , from Agricultural Residential to Industrial 2 - Special Use District to allow for a solar energy generation facility 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 thePage918 August 5 , 2019 – 6 00 pm Continued 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 request is consistent with the Comprehensive Land Use Plan in that Objective 2C states that the county should encourage and promote development utilizing vegetative buffers in rural areas to mitigate the effects of land uses on other adjacent land uses 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The Industrial 2 - Special Use District is compatible with surrounding land uses and zoning , as the allowable use of a solar energy generation facility creates minimal noise , low traffic , and does not have an adverse environmental impact 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 - Special Use District th Adopted this the 5 day of August , 2019 The Chairman opened the Special Use Hearing for Case 19 - 13 Case 19 - 13 To allow for a Solar Utility Facility Owner James and Sherry Worley Applicant ESA Princeton 2 , LLC Those wishing to speak on Special Use Case 19 - 13 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a solar utility facility Mr Newton 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 19 - 13 on April 29 , 2019 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 18 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 19 - 13 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 19 - 13 , seconded by Mr Creech , Rezoning Case 19 - 13 was approved by a unanimous vote of 6 - 0 at the June 18th , 2019 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Case 19 - 13 , seconded by Mr Sapir , carried by a unanimous vote of 6 - 0 , the Special Use Conditions for Case 19 - 13 were approved at the June 18th , 2019 Planning Board Meeting Findings of Facts and Special Use Conditions 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 solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and a landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 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 ;PagePage pageNumber5919 August 5 , 2019 – 6 00 pm Continued Applicant The site will be developed in accordance with the Land Development Code Section 14 - 123 , with the solar mounting devices limited to no more than 40 feet in height , and equipment and accessory structures at least 150 ft from all property lines Staff Per Special Use Conditions , maximum equipment height shall be 12 feet Structures shall comply with layout and setbacks per site plan 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 Special care will be taken to maintain the value of contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure 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 solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses APPLICANT To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire 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 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 7 Maximum height of equipment shall be 12 ’ 8 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 9 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 10 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 11 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair Mr Newton listed and reviewed the special use conditions with the Board Javier Latre , representing Applicant ESA Princeton 2 , LLC , confirmed they agree with the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 19 - 13 Decision on Special Use Case 19 - 13 Case 19 - 13 To allow for a Solar Utility Facility Owner James and Sherry Worley Applicant ESA Princeton 2 , LLC Based on the following findings of facts and special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 13 to allow for a solar utility facility on 13 acres of a 54 acre tract located at 2072 Old Rock Quarry Road in Boon Hill Township Commissioner Patrick E Harris seconded the motion which carried by unanimous vote Findings of Facts and Special Use Conditions 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 ; The solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed aroundPagePage pageNumber6920 August 5 , 2019 – 6 00 pm Continued the facility to keep safe from the site and a landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 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 ; The site will be developed in accordance with the Land Development Code Section 14 - 123 , with the solar mounting devices limited to no more than 40 feet in height , and equipment and accessory structures at least 150 ft from all property lines Per Special Use Conditions , maximum equipment height shall be 12 feet Structures shall comply with layout and setbacks per site plan 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 ; Special care will be taken to maintain the value of contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure 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 The solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire 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 Install a landscape buffer consisting of 10 evergreen trees and 10 evergreen shrubs per 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Evergreen trees shall be at least 4 ’ high at planting Adjacent to all residential dwellings , trees shall be planted at a minimum of 6 ’ tall at grade or a minimum of 4 ’ tall on top of a minimum 2 ’ tall berm 7 Maximum height of equipment shall be 12 ’ 8 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 9 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 10 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 11 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being maintained or used in an operable state of good repair The Chairman reopened the Special Use Hearing for Case 565 MOD Case 565 MOD Petition to modify correct the special use of 62374 acres located at 3900 NC Hwy 210 and 526 - 684 County Home Road in Smithfield Township currently zoned Industrial 2 - Special Use District I2 - SUD Tax ID 15I09033 , 15I08028C , 15I08026C , 15I08028 partial Owner Johnston County Applicant Johnston County Special Use Permit All County facilities Request to modify correct the SUP related to setbacks Those wishing to speak on Special Use Case 565 MOD were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify correct the special use of 62374 acres located at 3900 NC Hwy 210 and 526 - 684 County Home Road in Smithfield Township and currently zoned Industrial 2 - Special Use District He stated the modification correction is related to the setbacks Mr Newton 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 565 - MOD on May 31 , 2019 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners PagePage pageNumber7921 August 5 , 2019 – 6 00 pm Continued ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 18 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 565 - MOD and made the following recommendations Upon a motion by Mr Caldwell to approve Case 565 Modification , seconded by Mr Letchworth , Case 565 Modification was approved by a unanimous vote of 6 - 0 at the June 18th , 2019 Planning Board Meeting Findings of Facts and Special Use Conditions 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed use is consistent with the current zoning I - 2 SUD However , the County requests modification of the Special Use Permit to correct and identify the following proposed setbacks 300 ’ Edge of waste setback along the property boundaries With the 800 ’ Edge of Waste setback from the right - of - way of NC 210 ; 50 ’ and 100 ’ Structure setbacks as shown on the attached map All facilities on the site will operate to protect health , safety and welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The Special Use Permit allows for all County facilities The existing landfill and wastewater facility operations require strict compliance with operating permits and State Federal regulations The proposed setback modifications will not impact compliance with any operating rules and regulations The County will continue to comply with existing operating permits and will comply with any future operational permits and State Federal regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed setbacks will allow for buffering protection and mitigate potential impact to surrounding properties Furthermore , the modified setbacks will allow for continued and future operations of County facilities 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 Existing and proposed operations on this site allow for continued operation of County facilities and accommodate for future expansion Operations and proposed facilities on the site are consistent with Johnston County capital improvements projects planning Specific Land Uses APPLICANT All County facilities Request to modify correct the SUP related to setbacks Special Use Conditions 1 Modification of existing SUP to correct and identify the following proposed setbacks 300 ’ edge of waste setback along the property boundaries , with an 800 ’ edge of waste setback from the right - of - way of NC 210 ; 50 ’ and 100 ’ structure setbacks , as shown on the proposed map PagePage pageNumber8922 August 5 , 2019 – 6 00 pm Continued Mr Newton stated the surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The traffic count on this portion of NC Hwy 210 is 3,900 vehicles per day and appears on the County Transportation Plan as a “ boulevard needing improvement ” This area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years Attorney David Mills stated for the record that he will be representing the Board of Commissioners for Case 565 MOD and County Attorney Jennifer Slusser will be representing Johnston County who is the applicant Mr Newton explained the modification clarification of the existing special use permit is to correct and identify the following proposed setbacks 300 ’ edge of waste setback along the property boundaries , with an 800 ’ edge of waste setback from the right - of - way of NC 210 ; and 50 ’ and 100 ’ structure setbacks , as shown on the proposed map submitted with the summary of evidence County Attorney Jennifer Slusser submitted and referenced the following two maps for the record PagePage pageNumber9923 August 5 , 2019 – 6 00 pm Continued Ms Slusser introduced Johnston County Public Utilities Director Chandra Farmer and stated Ms Farmer is a professional engineer who will be speaking to the need for the clarification of the proposed boundaries along with the public necessity of the services provided Ms Slusser also introduced Johnston County Solid Waste Services Director Rick Proctor and stated Mr Proctor has approximately 25 years of experience in county landfill operations Ms Slusser stated this is a request for special use modification under Section 14 - 255 of the Johnston County Land Development Code She provided the Board with a history of the project and explained that in September of 2001 Johnston County purchased property , known as the “ Heavner - Holding Tract ” , which adjoined the existing Johnston County Landfill for the purposes of landfill expansion and additional County facilities Ms Slusser stated the subject property for the modification request the Heavner - Holding Tract is identified on the map she submitted in blue with hash marks She noted the adjoining property labeled “ CLD ” for County Landfill District was already there at the time of purchase of the Heavner - Holding Tract Ms Slusser continued that the Heavner - Holding Tract , at the time of purchase by the County , was zoned Agricultural Residential and the County petitioned to rezone that property to Industrial 2 – Special Use District to allow for county landfill operations and any type of county facilities or uses Ms Slusser stated the special use permit was approved and granted to the County in June of 2002 Ms Slusser stated it is important to note that the County , at that time , sought to protect the residents abutting NC Hwy 210 from the impacts of the additional development She stated as a result of the special use process , the County agreed to allow for an 800 ’ setback from the property line to edge of waste along NC Hwy 210 in which no landfill cells or container sites would be allowed within that 800 ’ along NC Hwy 210 Ms Slusser further explained that recently when staff was evaluating the property for additional uses , they realized the special use permit contained an ambiguity regarding the setback and buffer areas She noted that while the matter could perhaps have been resolved administratively under the Land Development Code , for purposes of transparency and to always err on the side of doing what is right , the County wanted to apply for the permit modification request Ms Slusser reported a modification is required when there is a change in the boundaries of the site or a change of use with the special use permit She noted in this instance , there are no changes to the boundaries of the site or changes in use Ms Slusser stated because of the ambiguity , the County is seeking the modification clarification of the setback buffer areas in order to allow planned and permitted expansions as well as utilize the property in the most efficient and effective manner for County operations Ms Slusser stated the request is a modification of a special use permit to correct and identify the following proposed setbacks 300 ’ edge of waste setback along the property boundaries , with an 800 ’ edge of waste setback from the right - of - way of NC 210 ; and 50 ’ and 100 ’ structure setbacks , as shown on the map submitted Ms Slusser stated through Ms Farmer and Mr Proctor’s testimonies , the Board will hear information as to how this request is in the public interest because County facilities , specifically the provision of safe and effective trash disposal and safe and effective sewer treatment services , are a public necessity that improves the life , safety , and health of Johnston County residents Johnston County Public Utilities Director Chandra Farmer stated in evaluating the subject property for county projects and reviewing the meeting minutes from the original special use permit approval , it appears that the 800 ’ buffer was originally intended to be located along NC Hwy 210 only and not the entire property Ms Farmer stated the County has a public necessity for the use of a portion of the property to expand the County’s wastewater treatment plant capacity She explained that in 2016 , floodwaters from Hurricane Matthew caused the dike at the existing wastewater treatment plant to be overtopped and the plant was flooded and remained out of operation for approximately one week , causing untreated wastewater to spill into the Neuse River Ms Farmer stated in order to meet growing demands from the County’s bulk and retail sewer customers , the County must construct additional treatment capacity Ms Farmer continued that it is a public necessity to utilize the subject property to better protect the public health , better preserve environmental protection , and ensure continuous operations of the wastewater treatment services Ms Farmer stated the proposed site on County Home Road is located out of the flood plain and out of potential future flood hazard areas preventing the risk of future flooding and allowing the County to better serve and protect the public , the customers , and the environment She noted the State , through the North Carolina Administrative Code , has established setback conditions to ensure public health protection Ms Farmer reported the State requires a 100 ’ minimum setback for any habitable residence and a 50 ’ setback from property lines for wastewater treatment and storage units She stated the County will design , construct , and operate the facilities on the property in accordance with all State and Federal regulations in addition to the operating conditions for each facility’s specific permit , such as the NPDES permit that will be applicable for any proposed wastewater operating facilities Page0924 August 5 , 2019 – 6 00 pm Continued Ms Farmer referenced the map submitted by Ms Slusser , and in particular , the area shown below and noted the proposed location for the new wastewater treatment facilities Johnston County Solid Waste Services Director Rick Proctor addressed the Board and stated he was present at the meeting when the original special use permit was approved , and after reviewing the matter again recently , he believes the 800 ’ setback was excessively applied to the entire property Mr Proctor stated the additional property will be used by Solid Waste Services for borrow material and future expansion of the landfill which is important for continued operations He stated if the property cannot be utilized , the County would have to go out of the area to find borrow material , which would increase operational costs Mr Proctor stated the landfill itself is a need for the County and he spoke on how the number of landfills across the State of North Carolina have decreased over the years Mr Proctor stated other counties that do not operate their own landfills often have difficulties with waste disposal options and in many cases have to drive further distances for proper disposal Mr Proctor stated Johnston County is very fortunate to have the landfill property and he noted recent estimates have indicated the life of the landfill could be as long as 80 years He stated the landfill operations are certified by the State of North Carolina as well as the Environmental Protection Agency and the County currently operates in good standing Ms Slusser readdressed the Commissioners and stated the County submits to the Board that it has met all the requisite Findings of Fact She stated there is no change in the proposed use and no change in the site boundaries as well as the request is consistent with the current Industrial 2 – Special Use District zoning Ms Slusser stated all facilities on the site are governmental in use and will operate to protect the public health , safety , and general welfare of Johnston County’s citizens Ms Slusser stated safe and effective sewer treatment and trash disposal are public necessities , which improve the life , safety , and health of Johnston County’s residents She reported the use and development complies with all the required use and intensity regulations of the Land Development Code as well as the existing landfill and wastewater treatment facility operations require strict compliance with operating permits in accordance with State and Federal agencies Ms Slusser stated the proposed setback modifications will not cause any compliance issues or impact compliance in any way and the use or development is a public necessity , which conforms to the general plans for physical development of the County Ms Slusser stated as Mr Proctor testified , the site will allow for continued operations of County landfill facilities and will accommodate future expansions She noted as Ms Farmer testified , the existing and proposed operations on the site will provide long - term treatment solutions for County wastewater Ms Slusser concluded her remarks by stating these operations and proposed facilities on the site arePage1925 August 5 , 2019 – 6 00 pm Continued consistent with all approved Johnston County capital improvements project planning and will assist in providing necessary public services to the citizens Upon a question by Commissioner Larry Wood , Ms Slusser reported the setbacks for the “ CLD ” site on the map are 300 ’ from the edge of waste Donald Norris , 329 County Home Road , stated he always thought the 800 ’ setback was for County Home Road as well Mr Norris stated there are seven residences that will be within 1,500 ’ of the wastewater treatment plant and he is concerned about their health Mr Norris stated he will be within 300 ’ of the wastewater treatment plant At the inquiry of Commissioner Tony Braswell , Ms Slusser stated the issue is when you read the special use permit as it is currently written , it is not clear as to where the 800 ’ setback is required Ms Slusser noted the property in question on the map for the Board and stated if the 800 ’ setback were required along all property lines , then the County would have an 800 ’ setback within its own property , which is not what was intended Ms Slusser stated in looking back at the minutes from the original approval , staff feels it is clear that the 800 ’ setback was intended only for NC Hwy 210 Mr Norris expressed his concerns with the proposed location of the wastewater treatment plant and stated he believes the County could find an alternate site George Pope , 3550 NC Hwy 210 , stated he owns property adjoining the landfill and he questioned the setbacks in relation to his property’s location Staff and Attorney David Mills reviewed a map of Mr Pope’s property with him pointing out the locations of the setbacks and the modification clarification request Commissioner Chad M Stewart recalled the remarks by Mr Norris and asked about the distances of the homes on County Home Road in relation to the proposed wastewater treatment plant site Ms Farmer stated the proposed location of the new wastewater treatment plant would be closer to Mr Norris than the County’s current existing wastewater treatment plant is to those surrounding and nearby homes ; however , it would be beyond the minimum setbacks as required by the State Ms Farmer reported the treatment process to be utilized at the new plant would be a biological nutrient removal process that will be highly controlled with the intent of reducing any type of odor emission Ms Farmer stated if odor becomes a problem , there are several other options that can be explored to mitigate and minimize odors to the extent possible There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use condition There being no further comments , the Chairman closed the Special Use Hearing for Case 565 MOD Decision on Special Use Case 565 MOD Case 565 MOD Petition to modify correct the special use of 62374 acres located at 3900 NC Hwy 210 and 526 - 684 County Home Road in Smithfield Township currently zoned Industrial 2 - Special Use District I2 - SUD Tax ID 15I09033 , 15I08028C , 15I08026C , 15I08028 partial Owner Johnston County Applicant Johnston County Special Use Permit All County facilities Request to modify correct the SUP related to setbacks Based on the following findings of facts and special use condition , Commissioner Chad M Stewart moved the Board approve Case 565 MOD to modify correct the special use of 62374 acres located at 3900 NC Hwy 210 and 526 - 684 County Home Road in Smithfield Township Commissioner Butch Lawter seconded the motion which carried by unanimous vote Findings of Facts and Special Use Conditions 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health ,Page2926 August 5 , 2019 – 6 00 pm Continued safety , and general welfare ; The proposed use is consistent with the current zoning I - 2 SUD There is no change in the proposed use nor is there any change to the site boundaries The County request of modification of the Special Use Permit to correct and identify the following proposed setbacks 300 ’ edge of waste setback along the property boundaries With the 800 ’ edge of waste setback from the right - of - way of NC 210 ; 50 ’ and 100 ’ structure setbacks as shown on the attached map is reasonable All facilities on the site are governmental in use and will operate to protect health , safety and welfare Safe and effective sewer treatment services and trash disposal are a public necessity which improves the life , safety , and health of Johnston County residents 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 Special Use Permit allows for all County facilities The existing landfill and wastewater facility operations require strict compliance with operating permits and State Federal regulations The proposed setback modifications will not impact compliance with any operating rules and regulations The County will continue to comply with existing operating permits and will comply with any future operational permits and State Federal regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The proposed setbacks will allow for buffering protection and mitigate potential impact to surrounding properties Furthermore , the modified setbacks will allow for continued and future operations of County facilities The services to be provided are a public necessity 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 Existing and proposed operations on this site allow for continued operation of County facilities and accommodate for future expansion Operations and proposed facilities on the site are consistent with Johnston County capital improvements projects planning and assists with providing necessary public services to Johnston County citizens Specific Land Uses All County facilities Request to modify correct the SUP related to setbacks Special Use Conditions 1 Modification of existing SUP to correct and identify the following proposed setbacks 300 ’ edge of waste setback along the property boundaries , with an 800 ’ edge of waste setback from the right - of - way of NC 210 ; 50 ’ and 100 ’ structure setbacks , as shown on the proposed map 5 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Report for the month of July 2019 Page3927 August 5 , 2019 – 6 00 pm Continued Monthly Activity Report – July 2019 CPB REZONINGS Proposed for June 2019 Special Use Straight Zoning Totals Approved 2019 Cases 3 0 3 11 Total Acres 11970 0 11970 693328 SUBDIVISIONS Approved columns are through previous month Approved Approved 2019 2018 Proposed Re - submittals Major Subdivisions 30 25 5 - - - - Total Lots 890 1,060 320 - - - - Total Acres 845469 1,14359 333933 - - - - Open Space Acres 5925 15652 3724 - - - - Fee - in - Lieu 252,800 286,400 98,000 - - - - Minors 21 90 Total Lots 44 156 Total Acres 26501 36809 Valid Lots 11,744 Adjustments 180 added , 192 removed never developed or recorded 6 Manager Reports and Comments A Update on Commuter Rail Study County Manager Rick Hester stated the Board allocated funding in the Fiscal Year 2019 - 2020 budget towards a regional commuter rail study being coordinated by the North Carolina Railroad Mr Hester stated meetings regarding the study are beginning to take place and if the Board has no objections , he would be willing to serve as the County’s representative at those meetings with Assistant County Manager Finance Director Chad McLamb and Planning Director Braston Newton acting as alternates The Board had no objections B Consent Motion for Disbursement of Deposit – 19 CVS 2314 NC Department of Transportation vs Kenneth R Jones and the County of Johnston County Attorney Jennifer Slusser explained that the Department of Transportation filed condemnation proceedings against Kenneth Jones and the County was named because of future taxes that needed to be paid Ms Slusser stated in talking with attorneys for Mr Jones , they would like to withdraw the money being held in deposit at the Johnston County Clerk of Superior Court’s Office and dismiss Johnston County as a party in the case Ms Slusser stated staff has confirmed that the taxes have been paid and she requested the Board to authorize the County Manager to sign a Consent Motion for Disbursement of Deposit Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board approved and authorized the County Manager to sign the Consent Motion for Disbursement of Deposit 7 Board Reports and Comments A Smart Growth The Board briefly discussed the need to continue looking at smart growth options for the County Chairman Ted G Godwin noted that staff will be working with the Board on putting together an upcoming work session regarding wastewater services which will also include discussions regarding growth options County Manager Rick Hester confirmed that staff will be working on an upcoming work session Page4928 August 5 , 2019 – 6 00 pm Continued There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 7 05 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage