April 5, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 57 Meeting of the Johnston County Board of Commissioners April 5 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 5 , 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 Appointment Announcements Chairman Chad M Stewart stated the Board utilized written ballots at the 10 00 am meeting for some of the board and committee appointments Chairman Stewart stated the votes have been tallied and he announced the following appointments were made Land Use Plan Steering Committee – Derrick Applewhite , Jr ; Brandon Batten ; Richard D Braswell ; Loretta Byrd ; David DeYoung ; James Gathers , Jr ; Perry Harris ; James Lipscomb ; Monty McLamb ; Brooks Moore ; Michael Sneed ; William Bill Stovall ; Lanny Thomas ; Mark Wellons ; Paula Woodall ; and Michelle Pace Davis as the Planning Board Designee were appointed Page58 April 5 , 2021 – 6 00 pm Continued Board of Equalization & Review District 4 Seat – Keith R Langdon was reappointed for a four year term to expire on April 30 , 2025 Planning Board – Freddie Hudson , Jr was appointed to fill an unexpired term ending February 28 , 2022 Local Emergency Planning Commission – Todd Ramsey was reappointed representing Environmental ; Zachary T Woody was appointed representing Environmental ; and Ken Taylor was appointed representing General Public for two year terms to expire on April 30 , 2023 2 Public Comment A Comments from Citizen Troy Evans Troy Evans , 1099 Bluegrass Road , Selma , addressed the Board regarding the noise ordinance and ongoing noise disturbances from a nearby resident in the area Mr Evans stated loud parties and events are often held at the location and despite their many calls and complaints to the Sheriff’s Office , the situation continues Mr Evans stated he has been told that the property owner rents the site for events and parties He requested the Board to help him and his neighbors with the situation The Board discussed the situation with Mr Evans Chairman Chad M Stewart asked Planning Director Braston Newton and other staff to look into the matter noting that there could be possible zoning violations as well as noise ordinance violations Commissioner Ted G Godwin also noted that this area was within his district and he asked Mr Evans to contact him directly B E - mail Received from Citizen Dawn Wilkins The Chairman reported the Board received an email from Citizen Dawn Wilkins expressing concerns with growth in the County The Chairman stated the email had been read by all the Commissioners and would be referenced in the minutes for this meeting Page59 April 5 , 2021 – 6 00 pm Continued 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – March 26 and April 2 , 2021 ; The Johnstonian News and The News in Review – March 24 and 31 , 2021 Certified letters were mailed to adjoining property owners on March 22 , 2021 Notices were posted at the locations on January 29 , 2021 for Cases 21 - 02 , 21 - 03 , and 21 - 04 The Chairman opened the Rezoning Hearing for Case 21 - 02 Case 21 - 02 Petition to rezone 149 acres of a 361 acre tract located at 9638 Cleveland Road in Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 06F04019F Owner Anita & Jose Felix Perez Applicant Gene Lee L & G Farms Planning Director Braston Newton stated the petition is to rezone 149 acres of a 361 acre tract located at 9638 Cleveland Road in Cleveland Township from Agricultural Residential to Community Business 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 ; PUD and used for residential purposes ; General Business – Special Use District and used for a car lot and shopping center ; and Community Business and used for batting cages and a Pelican’s sno - cones 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 already exist or are anticipated near term Mr Newton stated the traffic count for this portion of Cleveland Road is 17,000 vehicles per day and appears on the Comprehensive Transportation Plan as a boulevard needing improvement Applicant Gene Lee , 6536 Meadowbrook Road , Benson , stated he would like to sell produce and seasonal items 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 recessed the Rezoning Hearing for Case 21 - 02 Decision on Rezoning Case 21 - 02 Case 21 - 02 Petition to rezone 149 acres of a 361 acre tract located at 9638 Cleveland Road in Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 06F04019F Owner Anita & Jose Felix Perez Applicant Gene Lee L & G Farms Commissioner Patrick E Harris moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 02 Commissioner Larry Wood seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 02 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 149 acre tract identified as tax Tag ID 06F04019F located at 9638 Cleveland Road , in Cleveland Township , from Agricultural Residential to Community 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 thePage60 April 5 , 2021 – 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 Goal 1 “ Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan This is because the site is located within a commercial activity node - neighborhood center 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The zoning is compatible with surrounding land uses and zoning , and the property is located in primary growth area per the Johnston County Comprehensive Plan 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Community Business CB th Adopted this the 5 day of April , 2021 The Chairman reopened the Rezoning Hearing for Case 21 - 03 Case 21 - 03 Petition to rezone 665 acres of an 849 acre tract located at 6275 NC Hwy 50 in Elevation Township from General Business - Special Use District GB - SUD to Industrial 1 - Special Use District I1 - SUD Tax ID 07E07199K Owner JKM Realty , LLC Applicant Hunt & Company , Inc , d b a ChemStation , c o Chad W Essick , Esq Planning Director Braston Newton stated the petition is to rezone 665 acres of an 849 acre tract located at 6275 NC Hwy 50 in Elevation Township from General Business - Special Use District to Industrial 1 - Special Use District Mr Newton pointed out that the original request was to rezone to Industrial 2 – Special Use District ; however , at the Planning Board meeting , the applicant requested to rezone to Industrial 1 – Special Use District , which is a less intense use He noted the special use associated with the rezoning is to allow for industrial supplies equipment sales service including the blending of water based cleaning solutions for containerless delivery to customers Mr Newton stated the surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 50 N is 5,100 vehicles per day and appears on the Comprehensive Transportation Plan as an existing thoroughfare with adequate design capacity Attorney Chad Essick with Poyner Spruill LLP of Raleigh , representing the applicant , addressed the Board and submitted for the record a packet of information including the following 1 PowerPoint Presentation ; 2 Uses Permitted by Right ; 3 Real Estate Analysis Letter ; 4 Letter from Keith Bunch Associates ; and 5 Letter from Charlie N Snipes Truck Broker , LLC Mr Essick informed the Board that ChemStation blends nontoxic water based cleaning solutions at its facilities for containerless delivery to various customers Mr Essick confirmed that the original request was for Industrial 2 – Special Use District ; however , after further review they revised the request to rezone from Agricultural Residential to Industrial 1 – Special Use District at the Planning Board meeting Mr Essick provided the Board with an overview of ChemStation’s operations and reviewed the PowerPoint Presentation with the Board as follows PagePage pageNumber561 April 5 , 2021 – 6 00 pm ContinuedPagePage pageNumber662 April 5 , 2021 – 6 00 pm ContinuedPagePage pageNumber763 April 5 , 2021 – 6 00 pm ContinuedPagePage pageNumber864 April 5 , 2021 – 6 00 pm Continued ChemStation Co - Owner and Vice President Carter Hunt addressed the Board and provided the Commissioners with a history of their company stating they are a third generation family owned business Mr Hunt stated their business is growing and they have run out of space at their existing facility He stated the new site would allow them to expand and create more jobs for the County Mr Hunt stated they have many longtime employees some of which have been with the company for as long as 35 years and their average turnover rate is 11 years He stated they have four locations with the main office in Greensboro Mr Hunt stated they blend water - based cleaners for various businesses using refillable small bulk tanks at the customers ’ facilities during the hours of Monday through Friday 8 00 am until 5 00 pm Mr Hunt stated they have never had a major spill at their sites and have never had to call Emergency Services for assistance Mr Hunt explained their production and delivery processes and stated they selected the subject site due to its location Mr Hunt noted they have had no neighbor complaints at any of their sites since the company was founded and they have zero waste Mr Hunt referenced letters of support from Keith Bunch Associates and Charlie N Snipes Truck Broker , LLC contained within the packet of information submitted by Mr Essick Mr Hunt stated their main mission is to provide a safe working environment for their employees and customers that is environmentally friendly He stated they also want to support the local economy and be good neighbors Upon a question by Commissioner Tony Braswell , Mr Hunt stated they blend water - based cleaners such as floor cleaners , carwash , and insect remover 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 to Industrial 1 – Special Use District and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 03 Decision on Rezoning Case 21 - 03 Case 21 - 03 Petition to rezone 665 acres of an 849 acre tract located at 6275 NC Hwy 50 in Elevation Township from General Business - Special Use District GB - SUD to Industrial 1 - Special Use District I1 - SUD Tax ID 07E07199K Owner JKM Realty , LLC Applicant Hunt & Company , Inc , d b a ChemStation , c o Chad W Essick , Esq Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 03 Commissioner Larry Wood seconded the motion , which carried by unanimous vote PagePage pageNumber965 April 5 , 2021 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 21 - 03 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 07E07199K located at 6275 NC 50 N , Elevation Township , from General Business - Special Use District to Industrial 1 - Special Use District to allow for an industrial supplies equipment sales service 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 Industrial 1 - Special Use District zoning is no less compatible than the previous established land uses with strict adherence to the established conditions of the special use 3 This Board approves the proposed zoning amendment from General Business - Special Use District GB - SUD to Industrial 1 - Special Use District I1 - SUD th Adopted this the 5 day of April , 2021 The Chairman opened the Special Use Hearing for Case 21 - 03 Case 21 - 03 To allow for industrial supplies equipment sales service including the blending of water based cleaning solutions for containerless delivery to customers Owner JKM Realty , LLC Applicant Hunt & Company , Inc , d b a ChemStation , c o Chad W Essick , Esq Those wishing to speak on Special Use Case 21 - 03 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 industrial supplies equipment sales service including the blending of water based cleaning solutions for containerless delivery to customers 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 - 03 on January 2 , 2021 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 Page066 April 5 , 2021 – 6 00 pm Continued ? 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 February 16 , 2021 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 21 - 03 and made the following recommendations Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 03 to Industrial I , seconded by Ms Davis , Rezoning Case 21 - 03 was approved for Industrial I by a unanimous vote of 5 - 0 at the February 16 , 2021 Planning Board Meeting Upon a motion by Ms Holmes to approve the Special Use Conditions for Rezoning Case 21 - 03 with the change to # 1 for I - 1 , seconded by Ms Davis , the Special Use Conditions for Rezoning Case 21 - 03 were approved by a unanimous vote of 5 - 0 at the February 16 , 2021 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 proposed use will not substantially alter the footprint of the existing development on the site , making use of the existing structures with only minor alterations Additionally , the proposed use will reduce vehicle traffic to the site from its current permitted use and negligible noise All chemicals used in connection with the proposed use are water - based and non - toxic , and because no material is disposed of on - site in connection with the use , the use will not present any environmental concerns or risks 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 no waste manufacturing use will comply with all required use and intensity regulations of the Land Development Code , other ordinances and resolutions , and all applicable state and 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 use will be located in substantially the same portions of the property with substantially the same footprint as the existing use , and will , therefore , have no greater impact on the value of contiguous property than the existing use Additionally , the applicant currently operates a total of four facilities with the same proposed use , including one location elsewhere in the County’s zoning jurisdiction Each site , including the existing Johnston County site , has successfully been operated so as to maintain enhance the value of contiguous property for thirteen years 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed use will directly contribute to the expansion of existing businesses located within the county by allowing applicant to expand from its current location , while remaining within the county’s tax base See Comp Plan Obj 3A Indirectly , by increasing applicant’s capacity to produce and make available environmentally friendly products and services to other businesses within the county , the proposed use assists in responsible development county wide The site is provided water service through the Town of Benson , and will remain on septic , so no additional sewer capacity is required for this proposed use Finally , the site is within the secondary growth area on the County’s future land use map , and allowing this proposed use will balance the County’s interests in encouraging economic development and reserving more dense , urban type development , for these areas See Comp Plan p 29 Special Use Conditions 1 Permitted Uses To allow for manufacturing , Industrial supplies equipment sales service including the blending of water based cleaning solutions for containerless delivery to customers 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 Hours of operation will be Monday through Saturday from 7 am until 9 pm Items in bold were modified by the Planning Board during their meeting Mr Newton noted the special use conditions for the Board’s consideration pointing out the recommended changes to the proposed use in condition # 1 Attorney Chad Essick with Poyner Spruill LLP of Raleigh , representing the applicant , requested the Board to include as part of the record for the special use hearing the packet of information submitted during the rezoning portion of the hearing which included the following 1 PowerPoint Presentation ; 2 Uses Permitted by Right ; 3 Real Estate Analysis Letter ; 4 Letter from Keith Bunch Associates ; and 5 Letter from Charlie N Snipes Truck Broker , LLC and the Board agreed by consent At the request of Mr Essick , Commercial Real Estate Advisor Thomas Goodwin with Phoenix Commercial Properties confirmed that he authored the real estate analysis letter in the packet and based upon his review , ChemStation’s operations at their existing Smithfield location have not had any identifiable negative impacts on the values to surrounding properties Page167 April 5 , 2021 – 6 00 pm Continued 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 Commissioner Tony Braswell questioned the hours of operation in the proposed special use conditions noting that Co - Owner and Vice President Carter Hunt stated during the rezoning portion of the hearing that ChemStation operates Monday through Friday from 8 00 am until 5 00 pm Mr Newton stated the proposed special use conditions were drafted after reviewing a similar request from the past ; however , it is the Board’s discretion to revise that condition There being no further comments , the Chairman recessed the Special Use Hearing for Case 21 - 03 Decision on Special Use Case 21 - 03 Case 21 - 03 To allow for industrial supplies equipment sales service including the blending of water based cleaning solutions for containerless delivery to customers Owner JKM Realty , LLC Applicant Hunt & Company , Inc , d b a ChemStation , c o Chad W Essick , Esq Based on the following findings of facts and special use conditions , Commissioner Larry Wood moved the Board authorize the Planning Department to issue a special use permit for Case 21 - 03 to allow for industrial supplies equipment sales service , including the blending of water based cleaning solutions for containerless delivery to customers on 665 acres of an 849 acre tract located at 6275 NC Hwy 50 in Elevation Township Commissioner Ted G Godwin seconded the motion , which carried unanimously 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 ; The proposed use will not substantially alter the footprint of the existing development on the site , making use of the existing structures with only minor alterations Additionally , the proposed use will reduce vehicle traffic to the site from its current permitted use and negligible noise All chemicals used in connection with the proposed use are water - based and non - toxic , and because no material is disposed of on - site in connection with the use , the use will not present any environmental concerns or risks 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 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 no waste manufacturing use will comply with all required use and intensity regulations of the Land Development Code , other ordinances and resolutions , and all applicable 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 ; The proposed use will be located in substantially the same portions of the property with substantially the same footprint as the existing use , and will , therefore , have no greater impact on the value of contiguous property than the existing use Additionally , the applicant currently operates a total of four facilities with the same proposed use , including one location elsewhere in the County’s zoning jurisdiction Each site , including the existing Johnston County site , has successfully been operated so as to maintain enhance the value of contiguous property for thirteen years 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 A real estate analysis of the property shows no negative impact on surrounding properties and the value of contiguous property will be maintained 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 proposed use will directly contribute to the expansion of existing businesses located within the County by allowing applicant to expand from its current location , while remaining within the county’s tax base See Comp Plan Obj 3A Indirectly , by increasing applicant’s capacity to produce and make available environmentally friendly products and services to other businesses within the county , the proposed use assists in responsible development county wide The site is provided water service through the Town of Benson , and will remain on septic , so no additional sewer capacity is required for this proposed use Finally , the site is within the secondary growth area on the County’s future land use map , and allowing this proposed use will balance the County’s interests in encouraging economic development and reserving more dense , urban type development , for these areas See Comp Plan p 29 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 Page268 April 5 , 2021 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses To allow for industrial supplies equipment sales service including the blending of water based cleaning solutions for containerless delivery to customers 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 Hours of operation will be Monday through Saturday from 7 am until 9 pm The Chairman reopened the Rezoning Hearing for Case 21 - 04 Case 21 - 04 Petition to rezone a 9 acre tract located at 285 Cummins Drive in Beulah Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 03Q04002C Owner Duke Energy Progress , LLC Applicant Duke Energy Progress , LLC Micah Retzlaff Planning Director Braston Newton stated the petition is to rezone a 9 acre tract located at 285 Cummins Drive in Beulah Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use associated with the rezoning is to allow for a public utility station 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 ; Agricultural Residential – Special Use District and used for a cell tower ; and Town of Kenly ETJ The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Cummins Drive is unavailable and it does not appear on the Comprehensive Transportation Plan as needing improvement Attorney Matthew Rhoad , with Smith Anderson Law Firm , representing the applicant , addressed the Board and submitted for the record a packet of information including the following 1 PowerPoint Presentation ; and 2 Letter from Appraiser Michael B Moore of Worthy & Wachtel , Inc Mr Rhoad reviewed the PowerPoint Presentation with the Board as follows Page369 April 5 , 2021 – 6 00 pm Continued Mr Rhoad stated the subject site is located on Cummins Drive within the Interstate 95 corridor and the applicant proposes to construct a public utility substation He noted the adjacent land uses include a cell tower and the Cummins Service Center along with industrial and business uses Mr Rhoad offered to answer any questions by the Board There being no further public comments , the Chairman closed the public comment portion of the hearing Page470 April 5 , 2021 – 6 00 pm Continued 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 21 - 04 Decision on Rezoning Case 21 - 04 Case 21 - 04 Petition to rezone a 9 acre tract located at 285 Cummins Drive in Beulah Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 03Q04002C Owner Duke Energy Progress , LLC Applicant Duke Energy Progress , LLC Micah Retzlaff Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 04 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 04 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 03Q04002C located at 285 Cummins Drive , Beulah 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 th Adopted this the 5 day of April , 2021 The Chairman reopened the Special Use Hearing for Case 21 - 04 Case 21 - 04 To allow for a public utility substation Owner Duke Energy Progress , LLC Applicant Duke Energy Progress , LLC Micah Retzlaff Those wishing to speak on Special Use Case 21 - 04 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 a public utility substation Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record Page571 April 5 , 2021 – 6 00 pm Continued A pre - application consultation was held with the applicant for Case 21 - 04 on December 31 , 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 ? 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 February 16 , 2021 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 21 - 04 and made the following recommendations Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 04 , seconded by Ms Holmes , Rezoning Case 21 - 04 was approved by a unanimous vote of 5 - 0 at the February 16 , 2021 Planning Board Meeting Upon a motion by Ms Holmes to approve the Special Use Conditions for Rezoning Case 21 - 04 with the amendment to # 5 to state the south and west sides only , seconded by Mr Caldwell , the Special Use Conditions for Rezoning Case 21 - 04 was approved by a unanimous vote of 5 - 0 at the February 16 , 2021 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 Duke Energy Progress is sensitive to the placement of substations close to other uses and selected this site in an effort to minimize impacts Area properties are used for commercial businesses and farming operations with no known residences nearby Properties to the west and south will be separated and buffered by an existing wooded area on the subject tract limiting views of the station The nearest area of residential development is more than 1000 ’ to the east There are two commercial facilities to the north of the proposed substation , including an automobile service garage and truck stop Immediately east of the subject property is a telecommunication tower site This station will facilitate the availability of reliable electric service that enhances public health and safety In times of disaster , loss of utility service can be restored quickly with modern facilities such as the one proposed Each substation is designed to standards set by IEEE and ANSI Duke’s development of substations with overlapping distribution responsibilities creates redundancy in the system further preserving the safety of the general public The planned utility substation is a public necessity providing commercial service to its customers The substation is not considered a public space and will be designed to promote the health , safety and welfare of the general public 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 parcel resides in an Agricultural Residential district The public utility facility use is allowed with a Special Use permit in any zoning district The proposed substation use will not create traffic , noise , odors , or any other detrimental effects that will interfere with allowable , existing and future uses The site will comply with all regulations pertaining to this use 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 reliability of electrical distribution system in the surrounding area will be improved with the development of the proposed substation Current customers are at the ends of primary distribution lines , but with the new facility , the distance of these primary feeders will be greatly reduced Bringing these stations closer to the customer provides less opportunities for disruptions during natural storm events and the ability to recover quickly should a disruption occur The substation will support the electrical demand of existing customers , but also encourages and supports future growth of the area with excess capacity designed into the station The original selection of this parcel was deliberately chosen as it would maximize distance to off - site uses , both residential and non - residential During the years since acquisition of the property , the general character of the surrounding area has changed little The primary uses are still generally agricultural and commercial In fact , the nearest residential uses are located more than ½ mile east and southeast of the facility location Substations such as the one proposed are designed with public health and safety in mind A gravel driveway will be installed to provide access to the substation facility After initial construction of the station is complete , there will be no full time personnel onsite and it is estimated that the site will only be visited twice per month for maintenance of installed equipment The facility will be secured with an 8 ’ tall fence topped with an anti - climbing device Further , the control building is remotely monitored 24 hours a day , 7 days a week with any unauthorized access triggering an automatic notification to local law enforcement As proposed , the substation will not materially endanger the public health or safety of the community Page672 April 5 , 2021 – 6 00 pm Continued 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 location of the proposed substation is in a rural area separated from residential uses The nearest building is a service garage north of the subject parcel In addition to nearby commercial uses , the property immediately to the east is used for a wireless telecommunication tower Encouraging and allowing these compatible , non - residential uses to be developed in this geographic area meets the intent of the Johnston County Land Development Code , including those provisions in Article IV , Special Uses Proposed substation plans will abide by Johnston County’s codes and regulations The remote , unobtrusive location of the site , and the quiet character of the substation’s use , will be in conformity with the Town’s Land Use Plan and other comprehensive planning elements published by the Town While not a requirement of any county ordinance or development policy , Duke Energy’s proposed facility may also have the effect of fostering economic development in the County The same features of the substation that make it a necessity for the current customers , such as modern electrical facilities and proximity to the station site , are also attractive to industrial and commercial enterprises As the Town of Kenly and Johnston County economic development offices seek to entice companies to locate their facilities here , this substation can and should be marketed as a benefit to those looking for nearby reliable and safe power When coupled with the County’s central location in the state and with direct access to the interstate highway system , this facility can be a key part of a strategic and comprehensive plan to encourage growth in the area Specific Land Uses APPLICANT Public Utility Substation Special Use Conditions 1 Permitted Uses To allow for a Public Utility 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 landscaping buffer excluding north and east boundaries 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 their meeting Mr Newton noted the special use conditions for the Board’s consideration and called to the Board’s attention the proposed change to Condition # 5 regarding the landscaping buffer At the inquiry of Commissioner Butch Lawter , Mr Newton stated the existing natural vegetation is more intense and would be sufficient for the north and east boundaries Attorney Matthew Rhoad , with Smith Anderson Law Firm , representing the applicant , requested the Board to include as part of the record for the special use hearing the information submitted during the rezoning portion of the hearing which included the following 1 PowerPoint Presentation ; and 2 Letter from Appraiser Michael B Moore of Worthy & Wachtel , Inc , and the Board agreed by consent At the request of Mr Rhoad , Commercial Appraiser Michael Moore confirmed that he authored the letter dated February 17 , 2021 and based upon his review , the development of a public utility substation as proposed , will not substantially injure the value of the surrounding properties 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 Commissioner Ted G Godwin questioned the north and east boundaries in Condition # 5 and stated it should be the south and west boundaries Upon review , Mr Newton confirmed Commissioner Godwin’s observation that the condition should read “ excluding south and west boundaries ” There being no further comments , the Chairman closed the Special Use Hearing for Case 21 - 04 Decision on Special Use Case 21 - 04 Case 21 - 04 To allow for a public utility substation Owner Duke Energy Progress , LLC Applicant Duke Energy Progress , LLC Micah Retzlaff Based on the following findings of facts and revised special use conditions changing condition # 5 to reflect “ south and west ” , Commissioner Ted G Godwin moved the Board authorize the Planning Department toPage773 April 5 , 2021 – 6 00 pm Continued issue a special use permit for Case 21 - 04 to allow for a public utility substation on a 9 acre tract located at 285 Cummins Drive in Beulah Township Commissioner Butch Lawter seconded the motion , which carried unanimously 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 ; The proposed use minimizes impacts to surrounding properties Area properties are used for commercial businesses and farming operations with no known residences nearby Properties to the west and south will be separated and buffered by an existing wooded area on the subject tract limiting views of the station The nearest area of residential development is more than 1000 ’ to the east There are two commercial facilities to the north of the proposed substation , including an automobile service garage and truck stop Immediately east of the subject property is a telecommunication tower site This station will facilitate the availability of reliable electric service that enhances public health and safety In times of disaster , loss of utility service can be restored quickly with modern facilities such as the one proposed Each substation is designed to standards set by IEEE and ANSI Duke’s development of substations with overlapping distribution responsibilities creates redundancy in the system further preserving the safety of the general public The planned utility substation is a public necessity providing commercial service to its customers The substation is not considered a public space and will be designed to promote the health , safety and welfare of the general public 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 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 substation use will not create traffic , noise , odors , or any other detrimental effects that will interfere with allowable , existing and future uses The site will comply with all regulations pertaining to this use 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 ; The reliability of electrical distribution system in the surrounding area will be improved with the development of the proposed substation Current customers are at the ends of primary distribution lines , but with the new facility , the distance of these primary feeders will be greatly reduced Bringing these stations closer to the customer provides less opportunities for disruptions during natural storm events and the ability to recover quickly should a disruption occur The substation will support the electrical demand of existing customers , but also encourages and supports future growth of the area with excess capacity designed into the station The site maximizes distance to off - site uses , both residential and non - residential Primary uses in the area are generally agricultural and commercial The nearest residential uses are located more than ½ mile east and southeast of the facility location Substations such as the one proposed are designed with public health and safety in mind A gravel driveway will be installed to provide access to the substation facility After initial construction of the station is complete , there will be no full time personnel onsite and it is estimated that the site will only be visited twice per month for maintenance of installed equipment The facility will be secured with an 8 ’ tall fence topped with an anti - climbing device Further , the control building is remotely monitored 24 hours a day , 7 days a week with any unauthorized access triggering an automatic notification to local law enforcement As proposed , the substation will not materially endanger the public health or safety of the community 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 Based on the real estate market study the use and site will cause no impact to the value of surrounding properties 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 location of the proposed substation is in a rural area separated from residential uses The nearest building is a service garage north of the subject parcel In addition to nearby commercial uses , the property immediately to the east is used for a wireless telecommunication tower Encouraging and allowing these compatible , non - residential uses to be developed in this geographic area meets the intent of the Johnston County Land Development Code , including those provisions in Article IV , Special Uses Proposed substation plans will abide by Johnston County’s codes and regulations The remote , unobtrusive location of the site , and the quiet character of the substation’s use , will be in conformity with the County’s Land Use Plan and other comprehensive planning elements published by the County When coupled with the County’s central location in the state and with direct access to the interstate highway system , this facility can be a key part of a strategic and comprehensive plan to encourage growth in the area 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 Public Utility Substation Special Use Conditions 1 Permitted Uses To allow for a Public Utility 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 landscaping buffer excluding south and west boundaries 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 Page874 April 5 , 2021 – 6 00 pm Continued 4 Planning Activity Report Planning Director Braston Newton reported the Planning Department remains busy and is proceeding with virtual meetings with the consultant for the Comprehensive Land Use Plan update as well as the ordinance rewrite related to Chapter 160D Mr Newton stated now that the Board of Commissioners has selected the members for the Steering Committee , staff will begin to work with the consultant to schedule meetings He stated the Planning staff will notify the members that they have been selected for the Steering Committee Mr Newton noted the Steering Committee meetings will be open to the public and streamed on Facebook Live 5 Manager Reports and Comments None 6 Board Reports and Comments None There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage