March 1, 2021 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 13 Meeting of the Johnston County Board of Commissioners March 1 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 1 , 2021 at 6 00 pm in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Announcement Regarding Appointments to the Board of Adjustment and Board of Health Chairman Chad M Stewart stated the Board utilized written ballots at the 10 00 am meeting for the Board of Adjustment and Board of Health Pharmacist and General Public appointments Chairman Stewart stated the votes have been tallied and he announced the following appointments were made Board of Adjustment – Joe David Austin , David Bryan Barefoot , and Jason Wenzel were reappointed for a three year term to expire on March 31 , 2024 Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board granted Mr Austin a waiver in the length of service policy Board of Health – Alan J Carroll was reappointed representing Pharmacist and Carrie Godwin Moore was appointed representing General Public for three year terms to expire on March 31 , 2024 Page14 March 1 , 2021 – 6 00 pm Continued 2 Public Comment A CubeSat Team – Satellite Build Ms Angela Jenkins , Teacher at Smithfield - Selma High School , and students comprising the CubeSat Team reported to the Board on their recent trip to the Kennedy Space Center in Florida where they worked with NASA to learn about mini - satellites and hope to participate in a future launch initiative The students spoke on this once in a lifetime opportunity to represent Johnston County and the State of North Carolina on a national level The students spoke on their trip , what they learned , and what they hope to accomplish in the future Students Madi Wallace , Ethan Carroll , Joseph Evans , James Atkisson , and Riley Metzger presented the following presentation to the Board Page15 March 1 , 2021 – 6 00 pm ContinuedPage16 March 1 , 2021 – 6 00 pm ContinuedPagePage pageNumber517 March 1 , 2021 – 6 00 pm ContinuedPagePage pageNumber618 March 1 , 2021 – 6 00 pm Continued The Board congratulated the team on the trip and encouraged them to continue their endeavors The Board also asked the students to come back to future meetings and keep them updated on their progress Chairman Chad M Stewart noted that the trip was made possible in part by a grant from the Nan Ogburn Cullman Endowment which is very close to the heart of former Commissioner Jeffrey P Carver Chairman Stewart stated that former Commissioner Carver was instrumental in making the trip happen and he extends his along with the Endowment’s congratulations to the students 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – February 19 and 26 , 2021 ; The Johnstonian News and The News in Review – February 17 and 24 , 2021 Certified letters were mailed to adjoining property owners on February 12 , 2021 A notice was posted at the location on December 29 , 2020 for Case 21 - 01 The Chairman opened the Rezoning Hearing for Case 21 - 01 Case 21 - 01 Petition to rezone 405 acres of an 1828 acre lot located in the 2000 Block of Feed Mill Road in the O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11N05029B Owner Huel W Massengill Applicant Chris Wright Wake Electric Membership Corporation Planning Director Braston Newton stated the petition is to rezone 405 acres of an 1828 acre lot located in the 2000 Block of Feed Mill Road in the O’Neals Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use associated with the rezoning is to allow for an electrical substation Mr Newton stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; Industrial 2 and used for a milling company ; and Agricultural Residential – Special Use District and used for a cell tower The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low levels of growth pressures are anticipated over the next 20 years Mr Newton stated the traffic count for this portion of Feed Mill Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Applicant Chris Wright with Wake Electric Membership Corporation addressed the Board and stated the rezoning is needed to accommodate an electrical substation to ensure reliable service to a growing area Tom Gunshinan , 238 Silverado Court , stated he lives on property that backs up to the subject site Mr Gunshinan stated as long as a sufficient buffer is installed between the subject use and neighboring properties , he does not have any complaints 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 PagePage pageNumber719 March 1 , 2021 – 6 00 pm Continued There being no further comments , the Chairman closed the Rezoning Hearing for Case 21 - 01 Decision on Rezoning Case 21 - 01 Case 21 - 01 Petition to rezone 405 acres of an 1828 acre lot located in the 2000 Block of Feed Mill Road in the O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11N05029B Owner Huel W Massengill Applicant Chris Wright Wake Electric Membership Corporation Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 01 Commissioner Larry Wood seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 01 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 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 11N05029B located in the 2000 block of Feed Mill Road , Kenly , NC in O’Neals Township , from Agricultural Residential to Agricultural Residential - Special Use District to allow for an electrical substation 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 approves the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with Goal 6A “ Ensure well - planned Rural Development ” by minimizing land use conflicts 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Agricultural Residential - Special Use District zoning is compatible with surrounding land uses 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD st Adopted this the 1 day of March , 2021 The Chairman opened the Special Use Hearing for Case 21 - 01 Case 21 - 01 To allow for an electrical substation Owner Huel W Massengill Applicant Chris Wright Wake Electric Membership Corporation Those wishing to speak on Special Use Case 21 - 01 were affirmed by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for an electrical substation 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 21 - 01 on November 20 , 2020 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 PagePage pageNumber820 March 1 , 2021 – 6 00 pm Continued ? 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 January 19 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 21 - 01 and made the following recommendations Upon a motion by Ms Hackler to approve Rezoning Case 21 - 01 , seconded by Ms Davis , Rezoning Case 21 - 01 was approved by a unanimous vote of 7 - 0 at the January 19 , 2021 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 21 - 01 with the Class C buffer change to # 5 , seconded by Ms Holmes , the Special Use Conditions for Rezoning Case 21 - 01 was approved by a unanimous vote of 7 - 0 at the January 19 , 2021 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 proposed substation is located at the rear of the overall property to maximize the screening , safety and to minimize the views from adjacent neighborhoods Security fence is provided around the entire facility to enhance public safety and general welfare of the surrounding community This substation will provide a much needed reliability of the electrical infrastructure for the neighborhood and the surrounding community being served by the Wake EMC 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed design meets all the required Land Development Code requirements for setbacks , screening , and location The project will be located to provide maximum amount of sight distance and reduce negative impacts to the area 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This substation project is being proposed to provide more reliability to the current electrical infrastructure of the surrounding area and to help with the ever growing demands of the region 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 It is the intent of the Wake EMC to provide a facility that not only fits into the physical development of Johnston County but also meets any and all requirements of the Development Code The design includes 20 ’ required setbacks , landscape screening and strategic location as to promote good stewardship with the surrounding neighborhoods Specific Land Uses APPLICANT Electrical Substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation 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 Class B C landscaping buffer Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire Items in bold were changed by the Planning Board during the Planning Board Meeting Mr Newton noted the special use conditions for the Board’s consideration Upon a question by Commissioner Larry Wood , Mr Newton called to the Board’s attention an adjustment recommended by the Planning Board to require a Class C landscaping buffer to address the concerns of neighboring property owners Mr Newton stated the Class C buffer is more intense than a Class B Applicant Chris Wright with Wake Electric Membership Corporation confirmed that they will comply with the special use conditions There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber921 March 1 , 2021 – 6 00 pm Continued 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 At the inquiry of Commissioner Patrick E Harris , Mr Newton stated the Class C buffer is the densest buffer in the ordinance There being no further comments , the Chairman closed the Special Use Hearing for Case 21 - 01 Decision on Special Use Case 21 - 01 Case 21 - 01 To allow for an electrical substation Owner Huel W Massengill Applicant Chris Wright Wake Electric Membership Corporation Based on the following findings of facts and special use conditions , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 21 - 01 to allow for an electrical substation on 405 acres of an 1828 acre lot located in the 2000 Block of Feed Mill Road in the O’Neals Township Commissioner Butch Lawter seconded the motion , which carried unanimously 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 proposed substation is located at the rear of the overall property to maximize the screening , safety and to minimize the views from adjacent neighborhoods Security fence will be provided around the entire facility to enhance public safety and general welfare of the surrounding community This substation will provide a much needed reliability of the electrical infrastructure for the neighborhood and the surrounding community being served by the Wake EMC The use will meet all design standards and will be maintained in a manner that promotes public health , and safety for the general safety and welfare of the community A Class C buffer will be installed along all rezoning lines , unless the existing natural vegetation is more intense 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 proposed design meets all the required Land Development Code requirements for setbacks , screening , and location The project will be located to provide maximum amount of sight distance and reduce negative impacts to the area The use will comply with all county , state , and federal regulations Site specific development plans are required and must meet all development approval 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 ; This substation project is being proposed to provide more reliability to the current electrical infrastructure of the surrounding area and to help with the growing demands of the region The use will be operated in a manner that will have very limited impact to the surrounding property Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure the use is compatible with the surrounding area and will not negatively affect the public 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 facility and use is consistent with the physical development of Johnston County and meets all requirements of the Development Code The design includes 20 ’ required setbacks , landscape screening and strategic location as to promote good stewardship with the surrounding neighborhoods The use will be operated in a manner to meet all regulations contained in the county land development code Site specific development plans will ensure that the use meets the standards and development policies set by Johnston County Specific Land Uses APPLICANT Electrical Substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation 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 Class C landscaping buffer Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire 4 Introduction and overview of NCGS Chapter 160D Local Planning and Development Statutes County Attorney Jennifer Slusser stated there has been some legislative changes to the local planning and development statutes and staff is working to make those changes for the Board’s consideration by the deadline which is July 1 , 2021 Ms Slusser stated the Board had requested an overview of the changes and more specifically , how they affect Johnston County Ms Slusser introduced Attorney Chad Essick who is a Partner at the law firm of Poyner Spruill in Raleigh Ms Slusser stated Mr Essick is a member of their generalPage022 March 1 , 2021 – 6 00 pm Continued government team and represents local governments all across the state , specifically with land use matters Ms Slusser also noted that he handles many of the County’s Property Tax Commission cases for the Tax Department Ms Slusser stated Mr Essick is mostly known for his expertise in zoning , permitting , land use , and subdivisions Mr Essick stated he has had the opportunity to work with Ms Slusser , County Manager Rick Hester , and Planning Director Braston Newton and he complimented their work Mr Essick also stated he appreciated the opportunity to attend the Board’s recent work session to hear about the growth challenges the County is facing Mr Essick reviewed and discussed the following presentation with the Board Page123 March 1 , 2021 – 6 00 pm ContinuedPage224 March 1 , 2021 – 6 00 pm Continued The Board discussed the process of conditional zoning with Mr Essick and Ms Slusser and the various decisions that would need to be made by the Board when amending the ordinance to comply with Chapter 160D Page325 March 1 , 2021 – 6 00 pm Continued Ms Slusser noted that the amendments must be completed by July 1 , 2021 which would be prior to the completion of the County’s Comprehensive Land Use Plan update She explained that staff is aiming to just make the ordinance consistent with Chapter 160D as Phase 1 and then once the Land Use Plan update is completed , the Board could look at additional changes and amendments as Phase 2 Commissioner Butch Lawter stated that throughout the process he wants to make sure everyone is conscious of being as transparent as possible as well as to ensure everyone , including the Board , developers , and the public , is educated so all will know the new rules and procedures Ms Slusser requested the Board to approve a contract with Green Heron Planning in the amount of 15,862 for assistance in the preparation of text amendments , communication to the public , board review , and adoption Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board approved entering into a contact with Green Heron Planning in the amount of 15,862 for assistance with Chapter 160D 5 Planning Activity Report Planning Director Braston Newton reported the consultant for the Comprehensive Land Use Plan update has begun the process of gathering and compiling data which will continue through the end of March He stated staff and the consultant hopes to begin some of the public engagement later this month Mr Newton stated it is his hopes that the Steering Committee could meet for the first time before the end of March if possible He stated the entire process should begin in earnest during April Following discussion , it was the consensus of the Board to work towards selecting members for the Steering Committee at the March 15 , 2021 meeting 6 Manager Reports and Comments None 7 Board Reports and Comments Commissioner Butch Lawter reported that he recently attended the NC Rural Center’s Homegrown Leaders Program and as part of that attendance , he sat in on a discussion regarding broadband Commissioner Lawter stated during that discussion , Johnston County received praise for the response from its citizens to the recent broadband survey Commissioner Lawter noted the survey is still available for anyone that has not had a chance to complete it He also stated it is very encouraging to see some of the data from the survey and know that things are happening on a State and Federal level concerning broadband service Commissioner Lawter also noted that workforce development was discussed and the importance of recognizing the changing workforce and providing equitable and diverse opportunities for citizens Commissioner Lawter requested the Board to begin receiving a monthly reconciliation for the County’s water capacity similar to the wastewater capacity information the Commissioners currently receive County Manager Rick Hester stated he would contact the Utilities Department for the Board to begin receiving that information There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote The meeting adjourned at 7 30 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage