June 7, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 212 Meeting of the Johnston County Board of Commissioners June 7 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 7 , 2021 at 6 00 pm in the Auditorium of the Johnston County Agricultural Center located at 2736 NC Highway 210 in 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 Juvenile Crime Prevention Council and the Johnston Community College Board of Trustees Chairman Chad M Stewart stated the Board utilized written ballots at the 10 00 am meeting for the Juvenile Crime Prevention Council General Public appointments and the Johnston Community College appointment Chairman Stewart stated the votes have been tallied and he announced the following appointments were made Juvenile Crime Prevention Council General Public – Douglas Wayne Sorrell was reappointed and Jackie Holloman Lee and James L Spencer , Jr were appointed for two year terms to expire on June 30 , 2023 Upon a motion by Commissioner Larry Wood , seconded by Commissioner Tony Braswell , and carried unanimously , the Board granted Mr Sorrell a waiver in the length of service policy Johnston Community College Board of Trustees – Lynn H Ragsdale was reappointed for a four year term to expire on June 30 , 2025 2 Public Hearing Economic Development Incentive Grant Advertised – The News & Observer ; The Johnstonian News ; and the Four Oaks - Benson News In Review – May 26 , 2021 Chairman Chad M Stewart opened the public hearing for the purposes of allowing public comment on a proposed economic development incentive grant Johnston County Economic Development Director Chris Johnson spoke on the value and importance of the agricultural community in Johnston County , stating it is often an economic engine that is overlooked Mr Johnson stated the agricultural economic impact to Johnston County exceeds 300 million annually and it is one of the County’s larger economic engines Mr Johnson continued that today’s proposal is the result of Bartlett Milling’s desire to expand their operations in Wilson’s Mills Mr Johnson stated it is Bartlett Milling’s intention to expand their Wilson’s Mills operation with a 26 million new investment and the creation of six new jobs at an annual average salary above the average for Johnston County Page213 June 7 , 2021 – 6 00 pm Continued Mr Johnson stated as with all economic development incentives , the proposal comes with no risk to the taxpayers since the actual incentive will be taken from the company’s own investment which equates to the percentage of the taxes paid by Bartlett Milling on the new investment He noted the company will only be eligible for incentives after they have met all the project components within the incentive agreement Mr Johnson stated the proposal has been reviewed and recommended for approval by the Johnston County Economic Development Advisory Board Mr Johnson noted the proposal has also been evaluated by Dr Mike Walden , Professor and Economist from North Carolina State University Mr Johnson introduced Bill Webster , Vice President with Bartlett Milling , for remarks Mr Webster stated he is very pleased to be in Johnston County and he thanked the staffs from both Johnston County and the Town of Wilson’s Mills for their work and support on this project Mr Webster commented that he has helped develop over 40 facilities for Bartlett Milling and other companies and he has never had as much engagement and support as he found in Johnston County Mr Webster stated Bartlett Milling acquired the Wilson’s Mills operation from Midstate Mills and since that time , they have increased production at the mill by 50 He stated with the new expansion , they will again increase operations and add an entire new milling line Mr Webster stated they are excited about this project and he thanked the Board of Commissioners for their consideration of the incentive grant proposal Commissioner Ted G Godwin stated he had the opportunity to tour the Bartlett Milling operation earlier in the day and he was most impressed with its cleanliness and efficiency Johnston County Attorney Jennifer Slusser presented the County’s incentive grant proposal She stated the proposed incentive agreement is between the County and Bartlett Milling Company , LP Ms Slusser presented a resolution to the Board authorizing incentives for economic development for an expansion at the Wilson’s Mills operations Ms Slusser explained that pursuant to North Carolina General Statutes , when considering such proposals , the Board of Commissioners must determine if the process was competitive and if there is a return on investment Ms Slusser stated with regards to the return on investment analysis , two components must be considered which includes capital investment and job creation She explained this project consists of a 26 million net new investment and the creation of at least five jobs with the possibility for more Ms Slusser stated the company currently employs 18 people and the average annual wage at the company is 50,000 with benefits Ms Slusser reported the project was competitive and there were other potential sites and facilities considered in other areas ; however , but for the incentives being offered in Johnston County , the likelihood of the location of this project would not have been good for Johnston County Ms Slusser stated the incentive grant would never be more than what is paid by Bartlett Milling in property taxes on the net new investment and the grant would only be paid once the capital investment and creation of the new jobs have been completed She reviewed the following percentages of the grant proposal and applicable conditions Real Property Personal Property Tax Year Grant Tax Year Grant Year 1 Year 1 50 50 Year 2 Year 2 50 50 Year 3 Year 3 50 50 Year 4 Year 4 50 50 Year 5 Year 5 50 50 Conditions During each of the years that Bartlett is eligible for Grants , the Grant for such year will be paid to Bartlett only after Bartlett or any Affiliate paying any portion of the taxes applicable to the Facility , the Expansion , the Project Site and any personal property located thereon or used in connection therewith , as applicable , pays in full its ad valorem tax bills for that year related to such assets In addition , the County will be obligated to make Grants for Eligible Investments only if the following conditions are satisfied or , at County’s discretion , waived • Bartlett and any Affiliate are then current in the payments of all taxes , charges , and fees of every nature owed by them to the County ; • All taxes , charges , and fees of every nature owed to the County for the Project Site and all assets located at the Project Site are in a current payment status by whoever payable ; • There is no current appeal pending regarding the valuation of property at the Project Site in which case any Grant payment will be held in abeyance pending final resolution of the appeal ; • No violation of any other obligations of Bartlett or any Affiliate to the County , including conformity with all County ordinances and regulations and any laws , orders or regulations that the County isPage214 June 7 , 2021 – 6 00 pm Continued obligated to enforce against Bartlett or an Affiliate on behalf of another body of government , has occurred and not been cured ; and • Each of Bartlett and any Affiliate has complied with its other obligations and duties to the County as set forth herein The payment of all taxes and other sums due the County for the Eligible Investments is a material condition of eligibility for a Grant in any year during the term of this Agreement and shall not be construed as implying or suggesting that the County is reimbursing to Bartlett any or all ad valorem tax collected from Bartlett or an Affiliate Ms Slusser concluded her remarks and offered to answer any questions Wilson’s Mills Councilman Dave McGowen spoke in support of the project and introduced Councilman Randy Jernigan , Town Administrator Leighanna Worley , and Deputy Clerk Emily Matthews Mr McGowen stated the Town will be holding their own public hearing on an incentive grant proposal for the project on June 21 , 2021 He stated this is a great opportunity for Wilson’s Mills and Johnston County Chairman Stewart asked if there were any citizens present who wished to comment on the incentive proposal by Johnston County There being no further comments , the Chairman closed the public hearing Commissioner Ted G Godwin moved the Board adopt the following resolution to enter into an economic development incentive grant agreement with Bartlett Milling Commissioner Butch Lawter seconded the motion which carried by unanimous vote RESOLUTION OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS AUTHORIZING INCENTIVES FOR ECONOMIC DEVELOPMENT WHEREAS , Bartlett Milling Company , LP “ the Company ” currently operates a facility for the production of various flour products “ the Facility ” that is located at 5000 Wilson’s Mills Road , Clayton , NC 27520 , Town of Wilson’s Mills , Johnston County , North Carolina ; and WHEREAS , the Company proposes to expand its operations by constructing and expanding its flour production facility , including the construction and up - fit of real property improvements , as well as installation of new manufacturing equipment at the Facility “ Expansion ” ; and WHEREAS , an economic impact review containing a fiscal analysis of the proposed Expansion prepared for the Johnston County Economic Development Commission in June 2021 indicates that at full buildout the proposed project would result in an increase in direct property tax revenues for the County and the direct and indirect creation of new jobs ; and WHEREAS , North Carolina General Statute 15871 a authorizes the County to make appropriations to aid and encourage the location of manufacturing enterprises , industrial and commercial facilities within the County and other purposes which will increase the population , taxable property , employment , industrial output or business prospects of the County ; and WHEREAS , the Board has determined that granting incentives the Incentives to the Company in exchange for the commitment of the Company to locate and operate the Expansion in Johnston County would be beneficial to the County’s efforts to increase economic opportunities for its residents , its population , ad valorem tax revenues and sales tax revenues , and enhance and improve business prospects in general , including the creation of a substantial number of jobs at an average annual wage of 50,00000 ; and WHEREAS , the Board has received and reviewed a proposed Economic Development Agreement between the County and the Company providing for the County’s granting the Incentives to the Company in consideration of the Company’s commitments set forth there the Agreement , and a copy of which is attached hereto as Exhibit A and incorporated herein by reference ; and WHEREAS , the Board has , pursuant to the notice and hearing requirements of North Carolina General Statute 158 - 71 , held a public hearing to consider whether to grant the Incentives in exchange for the commitment of the Company to locate and operate the Expansion in Johnston County NOW , THEREFORE , the Board Page215 June 7 , 2021 – 6 00 pm Continued 1 Determines and concludes a that granting the Incentives in exchange for the commitment of the Company to proceed with the development and buildout of the Expansion in the County would be beneficial to the County’s efforts to increase overall economic opportunities for , and improve the general welfare of , its residents and increase ad valorem tax revenues , sales tax revenues and business prospects in general and result in the creation of new jobs in the County at an average annual wage of 50,00000 , and b that the benefits described above accruing to the County will outweigh the cost of the Incentives granted hereunder , creating a net public benefit ; and 2 In consideration of the undertakings of the Company set forth in the Agreement and the benefits derived by the County as described above , the County’s grant of Incentives to the Company as set forth in the Agreement is hereby approved , and the County Manager , subject to compliance with any pre - audit requirements under the Local Government Budget and Fiscal Control Act , is hereby authorized to enter into and execute the Agreement on behalf of the County in the form set forth on Exhibit A or with revisions as the County Manager , in consultation with the County Attorney , shall find to be not materially inconsistent with the form of the Agreement attached hereto and the intent and purpose thereof 3 The Agreement shall be construed as a continuing contract in accordance with North Carolina General Statutes 153A - 13 th Adopted this the 7 day of June , 2021 3 Public Comment A Partnership for Children of Johnston County – FY 2021 - 2022 Budget Request Executive Director Dr Dwight Morris along with representatives from the Partnership for Children of Johnston County , addressed the Board regarding funding for their literacy initiative known as the Read to Grow Campaign Dr Morris provided the Board with information and statistics as it relates to third grade reading proficiency and spoke on the importance of investing in early literacy Dr Morris stated the County contributed 50,000 to the program last year and they are requesting the same amount for Fiscal Year 2021 - 2022 Early Literacy Coordinator Heather Machia introduced the Read to Grow Steering Committee Members present , including Monique Boyd , Lee Colbert , Terri Sessoms , and Chris Key Steering Committee Member Chris Key addressed the Board and provided information on the Read to Grow JoCo Campaign Mr Key also submitted a letter of support from Workforce Development Consultant Joy Callahan Mr Key stated in Johnston County , only 51 of the third graders are considered proficient readers at their grade level Mr Key spoke on how it affects the County’s citizens and he shared more statistics with the Board Mr Key stated the Read to Grow Campaign was created in 2019 with a commitment to create a community where almost every child can read at grade level by the third grade He asked the Board to consider supporting their efforts 4 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – May 26 , 2021 and June 2 , 2021 Certified letters were mailed to adjoining property owners on May 24 , 2021 A notice was posted at the location on March 2 , 2021 for Case 21 - 07 The Chairman opened the Rezoning Hearing for Case 21 - 07 Case 21 - 07 Petition to rezone a 069 acre tract located at 8817 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04004F Owner Charthouse Holdings LLC Applicant Profile Construction , Inc Planning Director Braston Newton stated the petition is to rezone a 069 acre tract located at 8817 Cleveland Road in Cleveland Township from Agricultural Residential to General Business - Special Use District He noted the special use associated with the rezoning is to allow for office and warehouse space Mr Newton stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and Agricultural Residential – Special Use District and used for residential and agricultural purposes ; Community Business and used for a gas station convenience store , restaurants , etc ; and General Business – Special Use District and used for a construction company and barbershop 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 near term The property is also situated in a neighborhood center commercial activity node Mr Newton stated the traffic count for thisPagePage pageNumber5216 June 7 , 2021 – 6 00 pm Continued portion of Cleveland Road is 9,100 vehicles per day and appears on the Comprehensive Transportation Plan as a boulevard needing improvement Brian Gower , representing Applicant Profile Construction , Inc , stated they would like to construct another building on the site similar to the adjacent structure and they are trying to improve the area There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 21 - 07 Decision on Rezoning Case 21 - 07 Case 21 - 07 Petition to rezone a 069 acre tract located at 8817 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04004F Owner Charthouse Holdings LLC Applicant Profile Construction , Inc Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 07 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 07 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 06F04004F located at 8817 Cleveland Road , Cleveland Township , from Agricultural Residential to General Business - Special Use District 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 3 Diversify and Expand the Economy ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The General Business - Special Use District zoning is compatible with surrounding land uses 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business District - Special Use District GB - SUD th Adopted this the 7 day of June , 2021 The Chairman opened the Special Use Hearing for Case 21 - 07 Case 21 - 07 To allow for office warehouse space Owner Charthouse Holdings LLC Applicant Profile Construction , Inc Those wishing to speak on Special Use Case 21 - 07 were affirmed by the Deputy Clerk to the Board PagePage pageNumber6217 June 7 , 2021 – 6 00 pm Continued Planning Director Braston Newton introduced the special use case and stated the petition is to allow for office and warehouse space 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 - 07 on January 28 , 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 ? 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 March 16 , 2021 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 21 - 07 and made the following recommendations Upon a motion by Ms Byrd to approve Rezoning Case 21 - 07 , seconded by Ms Davis , Rezoning Case 21 - 07 was approved by a unanimous vote of 6 - 0 at the March 16 , 2021 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 21 - 07 with the change to the hours and the number of vehicles , seconded by Mr Moore , the Special Use Conditions for Rezoning Case 21 - 07 was approved by a unanimous vote of 6 - 0 at the March 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 This development is proposing to utilize cross access to an existing driveway onto Cleveland Rd via the adjoining 8771 Cleveland Rd This will promote safety by eliminating the need for another access point Due to the size of the project , a relatively small increase in traffic generation is anticipated Adequate access , drainage , and utilities are being proposed to minimize impact to neighboring properties 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The attached rezoning exhibit demonstrates compliance with building setbacks , landscape yards , and will meet the requirements of established ordinances and regulations The proposed plan is generally consistent with the development pattern of nearby properties that have been developed in recent years 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 redevelopment of the subject property will provide an opportunity for additional commercial uses that would supplement the changing character of the surrounding area The proposed building is planning to provide quality architectural treatments to the front façade to enhance the overall building appearance and enhance the surrounding property values 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 site is located within a primary growth area which is intended to allow for such zoning requests in order to provide non - residential uses Specific Land Uses APPLICANT Office warehouse space for lease of similar occupancy as adjoining property at 8771 Cleveland Rd Profile Construction Special Use Conditions 1 Permitted Uses Office and warehouse space 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet 6 All signage must comply with the sign code 7 Hours of outdoor operation shall be limited to Monday – Friday 6 00am - 8 00pm and Saturday from 8 00am – 5 00pm 5 am - 9 pm , 7 days a week 8 Shall be limited to the outdoor storage of 10 14 vehicles equipment , all storage shall be enclosed by an opaque fence or sufficiently screened with dense vegetative screening 9 Shall connect to county sewer as determined by Johnston County Public Utilities Items in bold were changed by the Planning Board during the meeting PagePage pageNumber7218 June 7 , 2021 – 6 00 pm Continued Mr Newton noted the special use conditions for the Board’s consideration pointing out the items recommended for revision by the Planning Board Brian Gower , representing Applicant Profile Construction , Inc , confirmed that they agree with the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 21 - 07 Decision on Special Use Case 21 - 07 Case 21 - 07 To allow for office warehouse space Owner Charthouse Holdings LLC Applicant Profile Construction , Inc 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 - 07 to allow for office warehouse space on a 069 acre tract located at 8817 Cleveland Road in Cleveland Township Commissioner Patrick E Harris 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 development will utilize cross access to an existing driveway onto Cleveland Road via the adjoining 8771 Cleveland Road which will promote safety by eliminating the need for another access point Due to the size of the project , a relatively small increase in traffic generation is anticipated Adequate access , drainage , and utilities are being proposed to minimize impact to neighboring properties The proposed use of the property is compatible with adjacent uses in that the adjacent use is a construction company and barber shop and uses in the general area include community business and used for gas station convenience store and restaurants 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 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 use will comply with building setbacks , landscaping , and will meet the requirements of established ordinances and regulations The proposed plan is consistent with the development pattern of nearby properties that have been developed in recent years 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 redevelopment of the subject property will provide an opportunity for additional commercial uses that would supplement the changing character of the surrounding area The building is proposed to provide quality architectural treatments to the front façade to enhance the overall building appearance so there will be no negative impact on surrounding properties and the value of contiguous property will be maintained The site will be buffered with a landscape buffer approved by the County and the proposed setbacks will limit the impact to 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 proposed site is located within a primary growth area which is intended to allow for such zoning requests in order to provide non - residential uses The proposed use of the property is compatible with surrounding uses in the general 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 Special Use Conditions 1 Permitted Uses Office and warehouse space 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet 6 All signage must comply with the sign code 7 Hours of outdoor operation shall be limited to 5 am - 9 pm , 7 days a week PagePage pageNumber8219 June 7 , 2021 – 6 00 pm Continued 8 Shall be limited to the outdoor storage of 14 vehicles equipment , all storage shall be enclosed by an opaque fence or sufficiently screened with dense vegetative screening 9 Shall connect to county sewer as determined by Johnston County Public Utilities 5 Public Hearing - Chapter 160D – Land Development Code Ordinance Amendments Advertised – The News & Observer , The Johnstonian News and The News in Review – May 26 , 2021 and June 2 , 2021 Chairman Chad M Stewart opened the public hearing for the purposes of receiving public comment on proposed text amendments to the Johnston County Land Development Code Planning Director Braston Newton stated in order to comply with NCGS Chapter 160D adopted by the North Carolina General Assembly in 2019 , staff and Consultant Green Heron Planning have prepared proposed text amendments to the Land Development Code Mr Newton presented the following summary of recommended changes to the Board and noted the County must adopt the changes in order to meet the deadline established by the General Assembly , which is July 1 , 2021 PagePage pageNumber9220 June 7 , 2021 – 6 00 pm ContinuedPage0221 June 7 , 2021 – 6 00 pm ContinuedPage1222 June 7 , 2021 – 6 00 pm ContinuedPage2223 June 7 , 2021 – 6 00 pm Continued Mr Newton introduced Ben Hitchings with Green Heron , the consultant that assisted the County with the proposed revisions Mr Hitchings reviewed the following presentation with the Board Page3224 June 7 , 2021 – 6 00 pm ContinuedPage4225 June 7 , 2021 – 6 00 pm Continued At the inquiry of Commissioner Ted G Godwin , Mr Hitchings stated even by adopting the amendments as presented , there will be further tweaks needed from time to time and the Board will always have flexibility in that regard Upon questions by Chairman Chad M Stewart and Commissioner Tony Braswell , County Attorney Jennifer Slusser stated Mr Hitchings as well as Attorney Chad Essick have offered to attend some of the future Board of Commissioners meetings in order to help guide the Board through the new process and procedures Ms Slusser stated the amendments as proposed are just to come into compliance with Chapter 160D She noted that the County is in the process of updating the Comprehensive Land Use Plan and staff did not want to propose any revisions that would significantly change the ordinance until the Land Use Plan update is complete At the request of Commissioner Butch Lawter , Mr Hitchings spoke on evidentiary hearings and the procedures involved with those hearings Mr Hitchings stated evidentiary hearings would be required with special use permit cases and he stated staff is still working through that process He stated evidentiary hearings would also be required with appeals and variance requests There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Larry Wood , seconded by Commissioner Tony Braswell , and carried unanimously , the Board adopted the following statement of consistency resolution and approved the text amendments as presented to the Johnston County Code of Ordinances , Land Development Code Note A complete copy of the amendments are on file in the Clerk to the Board’s Office as well as the Johnston County Planning Department RESOLUTION APPROVING TEXT AMENDMENTS AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF JOHNSTON COUNTY WHEREAS , in 2019 the NC General Assembly passed Session Law 2019 - 111 creating Chapter 160D to consolidate and update the state planning and development statutes ; and WHEREAS , the NC General Assembly established a deadline of July 1 , 2021 for local governments to comply with the updated statutes ; and WHEREAS , Johnston County has worked with a consultant to prepare an update to its Land Development st Ordinance to meet the July 1 deadline ; and WHEREAS , the North Carolina statutes require local governing boards to conduct a plan consistency review when considering zoning map and text amendments to evaluate whether the proposed amendments are consistent with the Countys adopted comprehensive plan and other applicable plans NOW THEREFORE , the Board of Commissioners of Johnston County has reviewed the proposed amendment to the Land Development Ordinance , and has found it to be neither consistent nor inconsistent with the Countys 2030 Comprehensive Plan , since the proposed revisions are largely procedural However , consistency with state statutes is important to the County to help ensure that it conducts its operations in a manner consistent with state law As a result , the Board finds the LDO text amendment to be reasonable and in the public interest Adopted this the 7th day of June , 2021 Page5226 June 7 , 2021 – 6 00 pm Continued 6 Planning Activity Report Planning Director Braston Newton stated the Planning Department is moving ahead with the Comprehensive Land Use Plan update He noted the Steering Committee will be having another meeting soon to continue the process Mr Newton also stated that Ben Hitchings plans to attend the June 21 , 2021 Board of Commissioners meeting to provide some training on the new processes and procedures associated with the amendments related to Chapter 160D He stated members of the Planning Board may be attending that meeting also for the training 7 Manager Reports and Comments None 8 Board Reports and Comments A Consultant Selection for Office Space Needs Study Commissioner Fred J Smith , Jr stated he along with Commissioners Patrick Harris , Butch Lawter , and staff met with two consultants earlier in the afternoon regarding the office space needs study Commissioner Smith stated he and Commissioners Harris and Lawter recommend the Board contract with Moseley Architects for the study Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Butch Lawter , and carried unanimously , the Board voted to select Moseley Architects for the office space needs study and directed the County Manager and County Attorney to move forward with contract negotiations B Juneteenth Celebration Commissioner Butch Lawter stated he met recently with Smithfield Councilman Marlon Lee who informed him that there will be a Juneteenth Celebration on Saturday , June 19 , 2021 at the Smith Collins Park Commissioner Lawter stated there will be a parade beginning at 10 30 am followed by the celebration at the Smith Collins Park There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 7 05 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage