June 4, 2018 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 331 Meeting of the Johnston County Board of Commissioners June 4 , 2018 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 4 , 2018 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Larry Wood , and Lee Jackson 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 Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Miss Johnston County and Miss Johnston County Outstanding Teen 2018 Miss Johnston County Abby Britt and Miss Johnston County Outstanding Teen Peyton Brown introduced themselves to the Board and spoke briefly on their platforms Miss Brown spoke on her platform titled “ Care About Domestic Violence , Changing Attitudes Requires Everyone ” Miss Brown stated she chose this platform because she knows people in her community and has friends and family members that have experienced domestic violence Miss Brown spoke on the importance of recognizing when someone is a victim of domestic violence and helping that person get assistance She shared information and statistics with the Board as well as ways to help others and get involved Miss Britt spoke on her platform titled “ Give it a Shot , Promoting Science Hands - on Training ” Miss Britt stated she developed her platform with a goal to get kids excited about science at a young age Miss Britt stated after she began attending college , she had a difficult time making the transition to a college level understanding from a basic understanding of science Miss Britt stated after researching her difficulties , she learned that there were many others with the same problem She shared information with the Board on her personal experience and how she is trying to help others The Board thanked Miss Britt and Miss Brown and wished them good luck on the upcoming Miss North Carolina pageant activities 2 Public Comment None 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – May 25 and June 1 , 2018 Certified letters were mailed to adjoining property owners on May 21 , 2018 Notices were posted at the locations on April 3 , 2018 for Cases 15 - 01 MOD and 18 - 08 It was determined that the applicant was not present for Case 15 - 01 MOD and the Board chose to proceed with the remaining items on the agenda Note The applicant for Case 15 - 01 MOD arrived later in the evening and the Board heard the case See Item No 8 The Chairman opened the Rezoning Hearing for Case 18 - 08 Case 18 - 08 Petition to rezone 8005 acres out of a 66 - acre tract located at 14471 NC Hwy 50 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01019Y Owner Brack Penny Road Limited Partnership Applicant Commercial Properties , Inc Interim Planning Director Matt Kirkland stated the petition is to rezone 8005 acres out of a 66 - acre tract located at 14471 NC Hwy 50 in Cleveland Township from Agricultural Residential to General Business Mr Kirkland stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ;Page332 June 4 , 2018 – 6 00 pm Continued Community Business and used for automotive sales ; General Business and used for a convenience store ; and General Business – Special Use District and used for multiple businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated in the near term In addition , this site is located at a community center activity node Donald James Bataille with McKim & Creed Engineers , representing the applicant , stated they are proposing a commercial development for the site Mr Bataille stated they are currently proposing one building with associated parking and an out - parcel He stated there will be traffic improvements in accordance with the recommendations of the Traffic Impact Analysis There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland 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 18 - 08 Decision on Rezoning Case 18 - 08 Case 18 - 08 Petition to rezone 8005 acres out of a 66 - acre tract located at 14471 NC Hwy 50 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01019Y Owner Brack Penny Road Limited Partnership Applicant Commercial Properties , Inc Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 08 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 08 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 a portion of the parcel identified as tax Tag ID 06D01019Y located at the intersection of Brack Penny Road NCSR 1545 and NC Hwy 50 as shown on the attached Exhibit A , from Agricultural Residential to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial uses are suitable 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The General Business zoning is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations Page333 June 4 , 2018 – 6 00 pm Continued 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business GB th Adopted this the 4 day of June , 2018 4 Public Hearing – Adoption of Flood Insurance Rate Map Panels Advertised – The News & Observer Friday Zone Edition – May 25 and June 1 , 2018 The Chairman opened the public hearing Interim Planning Director Matt Kirkland stated the purpose of the public hearing is to receive public comment and discussion on the adoption of the new Flood Insurance Rate Map panels as found on the North Carolina Floodplain Mapping Program website at http frisncgov FRIS for Johnston County , North Carolina Mr Kirkland noted the Board adopted the maps at their April 2018 meeting ; however , since that time , staff was made aware of additional advertising requirements necessary to complete the process Mr Kirkland reported all advertising requirements have been completed and staff requests the Board to adopt the maps He offered to answer any questions There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board adopted the Flood Insurance Rate Map panels as found on the North Carolina Floodplain Mapping Program website for Johnston County , North Carolina dated as preliminary April 30 , 2014 5 Public Hearing – Public Utilities - System Development Fee Analysis Advertised – The News & Observer Friday Zone Edition – May 25 , 2018 The Chairman opened the public hearing Utilities Director Chandra Farmer , PE , stated in accordance with North Carolina General Assembly Session Law 2017 - 138 , also known as North Carolina House Bill 436 , Johnston County contracted with Willdan Financial Services to perform a water and wastewater system development fee study She stated the law provides specific guidance to public water and sewer providers to assess system development fees for the recovery of capital costs associated with new development and system growth Ms Farmer reported the complete system development study has been posted on the County’s website and available for public inspection at the Department of Utilities since April 19 , 2018 Ms Farmer stated no comments have been received to date other than a question asking for additional information related to the County’s southeast growth corridor , which is referenced in the second paragraph on Page 1 of the study Ms Farmer stated this was an administrative error and will be corrected with a revision to the report She introduced Rick McClung and Darrell Parker from Willdan Financial Services to present a summary of the study Mr McClung reviewed the following information with the Board Page334 June 4 , 2018 – 6 00 pm ContinuedPagePage pageNumber5335 June 4 , 2018 – 6 00 pm ContinuedPagePage pageNumber6336 June 4 , 2018 – 6 00 pm ContinuedPagePage pageNumber7337 June 4 , 2018 – 6 00 pm ContinuedPagePage pageNumber8338 June 4 , 2018 – 6 00 pm ContinuedPagePage pageNumber9339 June 4 , 2018 – 6 00 pm Continued Ms Farmer stated the study identifies the maximum allowable system development fees and it must be updated every five years Ms Farmer reported as part of the Fiscal Year 2018 - 2019 budget for the Department of Utilities , staff is proposing replacement of the existing assessment fee with the system development fee She stated the recommended sewer system development fee is consistent with what is identified in the study ; however , staff is recommending a lesser amount Ms Farmer explained that for a standard residential home , the County’s current assessment fee is 650 and the study identifies the maximum allowable fee to be set at 1,730 Ms Farmer stated staff is recommending for Fiscal Year 2018 - 2019 an increase of the fee to 920 , which is based on a plan to adjust the rate over a four year period of time and phase in the 1,730 amount Ms Farmer stated staff is basing this recommendation on the knowledge that 25 to 30 of new customers are existing homes within the County which they believe may be more impacted by the increase versus new development Ms Farmer stated the phased approach allows existing customers the opportunity to plan for the future if they are thinking about converting to County water Commissioner Ted G Godwin asked does the law stipulate if the fee has to be uniform for an existing well user versus new development Ms Farmer responded that someone currently using a well and then choosing to connect to the County’s water system essentially has the same impact on the water system as a new home being constructed ; therefore , the charge has to be the same There being no further comments , the Chairman closed the public hearing 6 Planning Activity Report Interim Planning Director Matt Kirkland presented and reviewed the following Planning Activity Report for the month of May 2018 Monthly Activity Report – May 2018 CPB REZONINGS Proposed for May 2018 Special Use Straight Zoning Totals Approved 2018 Cases 2 0 2 12 Total Acres 1175 0 1175 17864 SUBDIVISIONS Approved Approved 2018 2017 Proposed Re - submittals Major Subdivisions 16 11 4 - - - - Total Lots 559 161 238 - - - - Total Acres 66032 2075 24183 - - - - Open Space Acres 3996 - - - - 5637 - - - - Fee - in - Lieu 158,000 63,200 17,200 - - - - Minors 59 82 Total Lots 103 120 Total Acres 23175 33292 Valid Lots 11,473 Adjustments 41 added , 96 removed never developed or recorded 7 Fiscal Year 2018 - 2019 Proposed County Budget Discussions The Chairman called for anyone present that wished to address the Board regarding the Fiscal Year 2018 - 2019 County Budget to come forward Cleveland Middle School Student Kirk Clever read the following statement to the Board I am here today to ask that you support my teachers and all the teachers in Johnston County by supporting the education budget and help keep teachers in Johnston County I know that the education budget is not specifically on the table today , but I would like my voice to be heard on this topic since I will be out of town next week I have seen many good teachers leave Johnston County because they would like to make more money in other counties and states I even knowPage0340 June 4 , 2018 – 6 00 pm Continued some teachers who have gone to private schools and charter schools Not only are we losing good teachers , we are also losing veteran teachers We deserve to have good teachers in Johnston County We should not have teachers leaving Johnston County so we need to give them a reason to stay By supporting this education budget , you are supporting teachers and students like me Thank you for your time Johnston County Arts Council Johnston County Arts Council Executive Director Darlene Williford addressed the Board and noted the th Arts Council is celebrating its 46 year She stated just as the Johnston County Heritage Center protects the County’s heritage , the Arts Council promotes and protects the arts in Johnston County Ms Williford stated everyone has the same goal , which is to make life better for the citizens of Johnston County Ms Williford presented the following budget request to the Board Ms Williford thanked the Board for this fiscal year’s budget allocation of 7,500 and provided the Commissioners with an update on how those funds have been spent She also updated the Board concerning recent and ongoing activities within the Arts Council Ms Williford reiterated that the Arts Council’s goal is to help make life better for the citizens in Johnston County and she thanked the Commissioners for their support The Board thanked Ms Williford for the information 8 Public Hearing Rezoning and Special Use Requests Continued It was determined that the applicant for Case 15 - 01 MOD had arrived ; therefore , the Board continued with the rezoning special use hearing The Chairman opened the Special Use Hearing for Case 15 - 01 MOD Case 15 - 01 MOD Petition to grant a 2 - year approval extension to 35 acres located at 2702 Old Rock Quarry Rd in Boon Hill Township The property is currently zoned Industrial 2 – SpecialPage1341 June 4 , 2018 – 6 00 pm Continued Use District I2 - SUD Tax ID 04P10007B Owner James and Sherry Worley Applicant ESA Princeton 2 , LLC Special Use Permit To allow for a Solar Utility Facility Those wishing to speak on Special Use Case 15 - 01 MOD were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to grant a 2 year extension of the special use permit for 35 acres located at 2702 Old Rock Quarry Road in Boon Hill Township for a solar utility facility Mr Kirkland 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 15 - 01 MOD on February 2 , 2018 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 April 17 , 2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 01 MOD and made the following recommendations Mr Creech made a motion to approve the Modification for Rezoning Case 15 - 01 , seconded by Ms Hackler and carried by a unanimous vote of 8 - 0 Rezoning Case 15 - 01 Modification was approved at the April 17th , 2018 Planning Board Meeting 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 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 ; 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 20 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 , such as schools , water , and waste systems 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 Page2342 June 4 , 2018 – 6 00 pm Continued 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 Kirkland reported the surrounding zonings are Agricultural Residential and used for agricultural and residential purposes ; 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 , 749 Cristaldi Way , Longwood , Florida , requested approval of the extension and offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the special use permit extension based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 15 - 01 MOD Decision on Special Use Case 15 - 01 MOD Case 15 - 01 MOD Petition to grant a 2 - year approval extension to 35 acres located at 2702 Old Rock Quarry Rd in Boon Hill Township The property is currently zoned Industrial 2 – Special Use District I2 - SUD Tax ID 04P10007B Owner James and Sherry Worley Applicant ESA Princeton 2 , LLC Special Use Permit To allow for a Solar Utility Facility Based on findings of facts and special use conditions as listed below , Commissioner Chad M Stewart moved the Board approve the request for Case 15 - 01 MOD to extend the special use permit for an additional two years allowing for a solar utility facility on 35 acres located at 2702 Old Rock Quarry Road in Boon Hill Township Commissioner Ted G Godwin 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 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 ; 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 20 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 Page3343 June 4 , 2018 – 6 00 pm Continued 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 , such as schools , water , and waste systems 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 9 Manager Reports and Comments County Manager Rick Hester updated the Board regarding needed improvements to the audio visual equipment in the Commissioners Meeting Room , stating if there are no objections , staff would like to proceed with equipment improvements and upgrades There were no objections by the Board 10 Board Reports and Comments Commissioner Chad M Stewart thanked Cleveland Middle School Student Kirk Clever for attending the meeting and speaking to the Commissioners regarding his concerns for education funding There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage