October 4, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 421 Meeting of the Johnston County Board of Commissioners October 4 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 4 , 2021 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , 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 , and Clerk to the Board Paula Woodard Chairman Chad M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Announcement Regarding Moccasin Creek Service District Board Appointment Chairman Chad M Stewart stated the Board utilized written ballots at the 10 00 am meeting for the Moccasin Creek Service District Board position representing the rural area of the District Chairman Stewart stated the votes have been tallied and he announced that Mr Richard D Braswell was reappointed for a two year term to expire on October 31 , 2023 Upon a motion by Commissioner Larry Wood , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board voted to grant Mr Braswell a waiver in the length of service policy 2 Approval Discussion of Agenda Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board voted to approve the agenda removing Case 21 - 15 and moving the item related to Johnston County Public Schools Funding to be heard before Public Comment Note Per the request of the applicant , Case 21 - 15 will be re - advertised and heard at the December 6 , 2021 6 00 pm meeting 3 Johnston County Public Schools Funding Commissioner Fred J Smith , Jr stated when the Board adopted the Fiscal Year 2021 - 2022 budget , funds were withheld from Johnston County Schools until such time as the Board of Education adopted a policy to eliminate the possibility of CRT teachings and any other potentially divisive teaching topics Commissioner Smith continued that because of the efforts by the Board of Education and Commissioners Larry Wood , Tony Braswell , and Patrick E Harris , the Board of Education has adopted “ Policy Code 5100 Code of Ethics and Standards of Conduct ” Commissioner Smith stated he has studied the policy , compared it with House Bill 324 , and believes it meets the objectives intended for the good of the students and the good of the country Commissioner Fred J Smith , Jr moved the Board appropriate 79 million in current expense funding to Johnston County Schools , to meet their full funding request for Fiscal Year 2021 - 2022 Commissioner Tony Braswell seconded the motion which carried by unanimous vote 4 Public Comment A Comments from Kyra Worth – Johnston County 4 - H Kyra Worth , Johnston County 4 - H Member , thanked the Board for proclaiming October 3 - 9 , 2021 , as National 4 - H Week in Johnston County Miss Worth stated she is the current President of Johnston County’s 4 - H Chapter and she also serves as the Southeast District Reporter Miss Worth shared her experiences in 4 - H andPage422 October 4 , 2021 – 6 00 pm Continued spoke on the many skills she has learned over the years She stated 4 - H is an amazing program that helps students develop the skills they need such as leadership and community service The Board thanked Miss Worth for her remarks and commended her for her leadership with 4 - H B Comments from Johnston County Board of Education Members Johnston County Board of Education Chairman Todd Sutton thanked the Commissioners for voting to fully fund their budget request this fiscal year Mr Sutton stated he appreciates the Board’s consideration as well as allowing the opportunity for everyone to come together and work on solutions Johnston County Board of Education Member Ronald Johnson reviewed Policy Code 5100 with the Board , as follows Page423 October 4 , 2021 – 6 00 pm Continued Mr Johnson stated he initially introduced the policy ; however , it is not about where it started , but rather where it ended Mr Johnson continued that whenever there is a diverse group of people that can come together and share their input that is when the best product can be achieved Mr Johnson stated he appreciates thePage424 October 4 , 2021 – 6 00 pm Continued principals , assistant principals , law enforcement officers , and teachers who came together to work on a stellar product He also thanked fellow Board of Education Members Terri Sessoms , Lyn Andrews , and Al Byrd for their work on the policy Chairman Chad M Stewart stated for clarification purposes , the Board did fully fund Johnston County Schools for their capital expense request at the time of budget adoption in June and tonight’s action was to fully fund the current expense allocation Mr Johnson expressed his appreciation to Commissioner Larry Wood for bringing everyone together at a time when it appeared as though an agreement would not be reached C Citizen Comments – Dale Lands Dale Lands , 7234 Cornwallis Road , Garner , thanked everyone for their work on the Board of Education’s Policy 5100 stating he is glad to see it in place Mr Lands thanked Commissioner Fred J Smith , Jr for bringing the matter to light Mr Lands stated he wants students to be successful and hopes that now everyone will give Superintendent Dr Eric Bracy the chance to make that happen Mr Lands spoke on his thoughts that the policy would not have happened if the Board of Commissioners had not withheld funding and stated there are times when other forms of government have to hold their counterparts accountable Mr Lands thanked the Board of Commissioners for standing up for students and the County D Citizen Comments – Angelique Legette Angelique Legette , 206 W Wilson Street , Smithfield , shared with the Board information on a book titled “ Life Upon These Shores ” written by Henry Louis Gates , Jr Ms Legette stated she comes from the mindset that if there is a problem then be a part of the solution Ms Legette stated she has four children in Johnston County Schools and she would like to work with the Board and be a part of solutions Ms Legette stated things are uncomfortable and with the Critical Race Theory issue , she believes there is an even wider division Ms Legette stated she would like to see all the hostility and animosity go away and she hopes for better communication in the future E Citizen Comments – Matt Burnes Matt Burnes , 96 Look Drive , Garner , spoke to the Board on his thoughts regarding the need for more walking paths and or bicycle trails in the County Mr Burnes stated it is getting more and more dangerous to walk or bike on the roadways and more trails are needed for recreational purposes Mr Burnes asked the Board to keep this in mind during future budget planning Commissioner Butch Lawter stated he recently attended an event to discuss exactly what Mr Burnes is talking about Commissioner Lawter spoke on the East Coast Greenway and the Mountains to Sea Trail and the efforts underway to extend those trails in Johnston County He stated there are also opportunities to look at adding more trails and bicycle lanes through the Upper Coastal Plain Rural Planning Organization as well as the Capital Area Metropolitan Planning Organization Commissioner Lawter thanked Mr Burnes for his comments and stated his vision for more trail opportunities is being considered Chairman Chad M Stewart encouraged Mr Burnes to contact Parks , Greenways , and Open Space Coordinator Adrian O’Neal and share his thoughts and ideas F Citizen Comments – Erika Hall Erika Hall , 129 Costello Way , Clayton , stated she has children in Johnston County Schools Ms Hall stated there has been misinformation regarding the Critical Race Theory issue because it is not being taught in Johnston County Schools She stated CRT is always conducted during graduate and undergraduate studies to examine the role of racism in the modern era Ms Hall shared her thoughts with the Board that CRT is a catchall term used as political fodder Ms Hall spoke on transparency and doing what is best for students and educators when it comes to teaching American history G Citizen Comments – Joe Preston Joe Preston , 202 Carissa Drive , Smithfield , thanked the Board for checks and balances and stated he is happy with the language contained in Policy 5100 Mr Preston stated he believes the Board is doing what the citizens have asked them to do and he appreciates their efforts PagePage pageNumber5425 October 4 , 2021 – 6 00 pm Continued H Citizen Comments – April Lee April Lee , 182 Coaster Court , Angier , expressed her disappointment in Policy 5100 and stated she does not agree with the leverage that was used to get the policy in place Ms Lee stated she believes withholding funds in this manner is extortion and she hopes the Board never does something like this again Ms Lee stated withholding funds may not be legally wrong , but she believes it is ethically wrong I Citizen Comments – Michelle Antoine Michelle Antoine , 174 Plaza De Luke Square , Clayton , addressed the Board and stated the policy against the Critical Race Theory is not about racism Ms Antoine stated students need to be taught the greatness of America while not forgetting the history that goes along with it Ms Antoine shared with the Board text written by Jewish Physician Howard Sachs Ms Antoine thanked the Board of Commissioners for helping to facilitate the Board of Education passing Policy 5100 J Citizen Comments – Allen Hall Allen Hall , 129 Costello Way , expressed his disappointment regarding Policy 5100 and stated the Critical Race Theory was not being taught in Johnston County Schools and Policy 5100 is incredibly troubling Mr Hall stated he feels the matter is an excuse to rewrite history Mr Hall spoke on his feelings regarding racism and stated students need to be taught the truth Mr Hall stated students need to be better educated so that racial disparities can be overcome 5 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – September 22 and 29 , 2021 Certified letters were mailed to adjoining property owners on September 20 , 2021 Notices were posted at the locations on March 2 , 2021 for Cases 21 - 06 and 21 - 09 ; and July 6 , 2021 for Cases 21 - 13 and 21 - 16 The Chairman opened the Rezoning Hearing for Case 21 - 06 Case 21 - 06 Petition to rezone 617 acres located at 9939 NC Hwy 210 and 4065 Lassiter Road in Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning District GB - CZ Tax ID 07F06029S & 07F06029R Owner Paganello - Nunziato Family LLC Applicant John Nunziato Conditional Zoning District Request Outside Storage and Storage Buildings Planning Director Braston Newton stated the petition is to rezone 617 acres located at 9939 NC Hwy 210 and 4065 Lassiter Road in Elevation Township from Agricultural Residential to General Business - Conditional Zoning District Mr Newton stated the site is currently used for agricultural and residential purposes and the conditional zoning district request is for outside storage and storage buildings The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business and used for a storage facility , gas station convenience store , and Dollar General ; and Community Business and used as a local business office 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 210 is 8,500 vehicles per day and Lassiter Road is 2,900 vehicles per day as of 2019 At the inquiry of Commissioner Larry Wood , Mr Newton stated the request came in a few months ago as a rezoning to General Business and was denied Mr Newton explained that if that rezoning had been approved , then any use allowed within the General Business zoning district would have been acceptable on the site and there was some hesitancy by both the Planning Board and the Board of Commissioners for a use as broad as General Business in that area The Chairman called for the applicant to come forward and for staff to put the proposed conditions on the screen , as follows Conditions 1 Land use restricted to mini - storage and outdoor storage proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 Hours of operation shall be seven days a week from 6am - 10pm PagePage pageNumber6426 October 4 , 2021 – 6 00 pm Continued 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 7 All signage shall comply with the Johnston County sign code 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 An 8 foot opaque fence will be installed around storage area Applicant John Nunziato addressed the Board and recalled that the Board was hesitant to rezone the property to General Business a few months ago ; therefore , he has resubmitted the application as a conditional zoning district request Upon a question by Commissioner Ted G Godwin , Mr Nunziato stated they have been doing business in McGee’s Crossroads for 20 years and he has multiple businesses in Johnston County 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 with an attached list of conditions as submitted in the agenda packet The Chairman asked if there were any questions or concerns from Commissioners on the conditions as proposed Upon a question by Commissioner Butch Lawter , Mr Newton clarified that the rezoning is for the two parcels and acknowledged that there was a math error in the number of acres listed In response to the Chairman , Mr Nunziato confirmed that he agreed to the conditions as proposed There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 06 Decision on Rezoning Case 21 - 06 Case 21 - 06 Petition to rezone 617 acres located at 9939 NC Hwy 210 and 4065 Lassiter Road in Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning District GB - CZ Tax ID 07F06029S & 07F06029R Owner Paganello - Nunziato Family LLC Applicant John Nunziato Conditional Zoning District Request Outside Storage and Storage Buildings Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 21 - 06 as follows Commissioner Larry Wood seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 06 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax Tag ID 07F06029S and 07F06029R located at 9939 NC Hwy 210 and 4065 Lassiter Road , Elevation Township , from Agricultural Residential to General Business – Conditional Zoning 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 approve the proposed amendment ; andPagePage pageNumber7427 October 4 , 2021 – 6 00 pm Continued 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 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of General Business – Conditional Zoning District as the proposed use , with approved conditions , provides a needed service to the immediate community ; and b That General Business is compatible with surrounding land uses and zoning , which include several businesses 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business – Conditional Zoning District th Adopted this the 4 day of October , 2021 Conditions 1 Land use restricted to mini - storage and outdoor storage 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 Hours of operation shall be seven days a week from 6am - 10pm 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 7 All signage shall comply with the Johnston County sign code 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 An 8 foot opaque fence will be installed around storage area The Chairman reopened the Rezoning Hearing for Case 21 - 09 Case 21 - 09 Petition to rezone a 354 acre tract located in the 500 block of Church Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning District GB - CZ Tax ID 13E04036K & 13E04036L Owner N Morris Rowland Applicant Adams & Hodge Engineering , PC Conditional Zoning District Request Outdoor Storage for boats , RV’s , travel trailers and trailers Planning Director Braston Newton stated the petition is to rezone a 354 acre tract located in the 500 block of Church Road in Pleasant Grove Township from Agricultural Residential to General Business - Conditional Zoning District Mr Newton stated the site is currently used for agricultural and residential purposes and the conditional zoning district request is for outdoor storage for boats , RV’s , travel trailers , and trailers The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business – Special Use District and used for an auto sales lot and a storage facility ; and Community Business and used as a restaurant The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 50 is 8,900 vehicles per day as of 2019 He stated a traffic count is not available for Church Road Commissioner Larry Wood asked about condition # 4 which proposes 24 - hour accessibility and he questioned allowing that type of access and how it could impact the neighbors Commissioner Wood noted the previous case was similar and approved for hours of operation being 6 00 am to 10 00 pm PagePage pageNumber8428 October 4 , 2021 – 6 00 pm Continued Mr Newton stated the Planning Board recommended approval of the conditions as proposed ; however , this area is not as dense as other areas The Chairman called for the applicant to come forward and for staff to put the proposed conditions on the screen , as follows Conditions 1 Land use restricted to outdoor storage of boats , RV’s , travel trailers and trailers Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 24 - hour accessibility 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 Site may include a future covered 3 sided outdoor storage area 7 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 8 All signage shall comply with the Johnston County sign code 9 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 10 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 11 If one acre or more is planned to be disturbed , an erosion control permit will be required 12 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 13 An 8 foot opaque fence will be installed around storage area Donnie Adams , representing Applicant Adams & Hodge Engineering , addressed the Board Upon questions by Commissioner Ted G Godwin , Mr Adams stated condition # 6 as proposed would allow for a future three - sided shelter , but at this time there is nothing on the site Mr Adams stated with regards to the hours of operation as proposed , it is his understanding that 24 - hour accessibility is common with this type of use Commissioner Wood asked if the hours could be amended to end at 10 00 pm Chris Rowland , current property owner , addressed the Board and stated he would prefer to keep the hours of operation as 24 - hours Mr Rowland stated he plans to monitor the use very closely during the first 12 to 18 months of operation and if he does not find the hours to be conducive of the operation then he could limit them Commissioner Wood reiterated that his concern is the neighboring property owners and how the 24 - hour access would affect them Commissioner Wood stated he would like to see consistency going forward At the inquiry of Chairman Chad M Stewart , Mr Rowland stated there is housing in the area but it is not dense Mr Rowland stated he would not allow anyone to work on the vehicles , trailers , or anything else on the site Mr Rowland stated he wants to do the right thing and is taking the neighboring property owners into consideration Commissioner Butch Lawter noted it appears that the main egress is directly across the street from a residential unit At the inquiry of Commissioner Lawter , Mr Newton stated pursuant to general statutes , there must be consent to the conditions by the property owner applicant Mr Newton stated the Board can request and suggest additional conditions to mitigate anything they may feel may be negative or a detriment to the area Commissioner Lawter suggested adding a condition that no maintenance would be allowed on the site Commissioner Godwin asked about noise restrictions after 10 00 pm Commissioner Tony Braswell commented that the owner has said he plans to use a “ good neighbor policy ” Commissioner Braswell stated the Board is dealing with a different case than the previous request Case 21 - 06 and each request stands on its own with regards to the conditions PagePage pageNumber9429 October 4 , 2021 – 6 00 pm Continued Chairman Stewart agreed with Commissioner Braswell that this is a completely different situation than the previous case Commissioner Patrick E Harris also noted that the previous case involved mini - storage , which he does not believe people need 24 - hour access Commissioner Harris stated this case involves outdoor storage of boats and recreational vehicles and often times , boat owners like to leave early in the mornings and would need to access the facility for such occasions Commissioner Harris stated although both requests involve storage , this case is for a different type of storage Commissioner Larry Wood moved the Board revise condition # 4 to state the hours of operation shall be 6 00 am until 10 00 pm The motion died for lack of a second At the inquiry of Commissioner Lawter , Mr Rowland stated in his tenant agreement , it will state that everything contained within the property must be in good running order and he will not allow the site to become a mechanic shop The Board discussed the various types of maintenance that tenants may need to perform on the site such as changing a flat tire or battery as well as the various definitions of maintenance Commissioner Fred J Smith , Jr shared his review of the general statutes as it relates to the new conditional use zoning procedures and setting conditions on the use Commissioner Butch Lawter moved to add a condition to prohibit onsite major maintenance The motion died for a lack of a second Mr Adams asked the Board to consider condition # 13 regarding an 8 foot opaque fence Mr Adams stated in the Planning Board meeting the possibility of allowing either the opaque fence or similar screening as an alternative was discussed Mr Adams asked if condition # 13 could be amended to also allow for a 4 foot berm with landscaping of the evergreen hedge variety so that a combination of the fence and the berm landscaping could be utilized Upon questions by the Board , Mr Newton stated if the Commissioners would like to consider changing condition # 13 as requested by Mr Adams , he would ask the Board to specify the type of evergreen hedge variety to ensure it will meet the intent of an opaque fence At the inquiry of Commissioner Braswell , Mr Adams confirmed that they are requesting a combination of opaque fencing and the berm with landscaping Mr Adams stated they would follow the Land Development Code regarding the allowed plantings Mr Adams stated they will have an 8 foot fence , but would like to alternate with the berm and landscaping in some places Mr Newton stated the Board could propose an amendment to condition # 13 to add language that allows for a 4 foot berm with an adequate planting of evergreen material to satisfy the intent of the opaque requirement , at staff’s discretion Mr Newton stated the Planning Department has a list of suggested plant materials and he briefly reviewed with the Board the three classes of landscaping buffers Condition # 13 revised Commissioner Tony Braswell moved the Board amend condition # 13 , as follows An 8 foot opaque fence or a 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fencing requirement will be installed around storage area Commissioner Butch Lawter seconded the motion which carried by the following vote Ayes Commissioners Chad M Stewart , Tony Braswell , Ted G Godwin , Patrick E Harris , Butch Lawter , and Fred J Smith , Jr Nays Commissioner Larry Wood 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 with an attached list of conditions as submitted in the agenda packet Page0430 October 4 , 2021 – 6 00 pm Continued In response to the Chairman , Mr Adams confirmed that they agree to the conditions as discussed and revised There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 09 Decision on Rezoning Case 21 - 09 Case 21 - 09 Petition to rezone a 354 acre tract located in the 500 block of Church Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning District GB - CZ Tax ID 13E04036K & 13E04036L Owner N Morris Rowland Applicant Adams & Hodge Engineering , PC Conditional Zoning District Request Outdoor Storage for boats , RV’s , travel trailers and trailers Commissioner Tony Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 21 - 09 as follows Commissioner Patrick E Harris seconded the motion , which carried by the following vote Ayes Commissioners Chad M Stewart , Tony Braswell , Ted G Godwin , Patrick E Harris , Butch Lawter , and Fred J Smith , Jr Nays Commissioner Larry Wood RESOLUTION FOR CASE NUMBER 21 - 09 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax Tag ID 13E04036K and 13E04036L located in the 500 block of Church Road , Pleasant Grove Township , from Agricultural Residential to General Business – Conditional Zoning 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 approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of General Business – Conditional Zoning District provides a needed service to the surrounding community based on the approved use ; and b That General Business is compatible with surrounding land uses and zoning , which include several businesses 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business – Conditional Zoning District th Adopted this the 4 day of October , 2021 Conditions 1 Land use restricted to outdoor storage of boats , RV’s , travel trailers and trailers 2 The development shall conform to all requirements of the Johnston County Land Development Code Page1431 October 4 , 2021 – 6 00 pm Continued 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 24 - hour accessibility 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 Site may include a future covered 3 sided outdoor storage area 7 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 8 All signage shall comply with the Johnston County sign code 9 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 10 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 11 If one acre or more is planned to be disturbed , an erosion control permit will be required 12 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 13 An 8 foot opaque fence or a 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fencing requirement , will be installed around storage area The Chairman reopened the Rezoning Hearing for Case 21 - 13 Case 21 - 13 Petition to rezone a 85 acre tract located at 4624 US 70 Business Highway West in Wilson’s Mills Township from General Business GB to Agricultural Residential AR Tax ID 17J07035D Owner Javier Contreras Applicant Javier Contreras Planning Director Braston Newton stated the petition is to rezone a 85 acre tract located at 4624 US 70 Business Highway West in Wilson’s Mills Township from General Business to Agricultural Residential Mr Newton stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business and used for various businesses ; Mobile Home Park and used as a mobile home park ; and several properties nearby are within the Clayton city limits The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of US Hwy 70 Business is 14,500 vehicles per day as of 2019 and it appears on the Comprehensive Transportation Plan as an “ existing boulevard with adequate design capacity ” Owner and Applicant Javier Contreras stated he purchased the property to make the site his residence 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 - 13 Decision on Rezoning Case 21 - 13 Case 21 - 13 Petition to rezone a 85 acre tract located at 4624 US 70 Business Highway West in Wilson’s Mills Township from General Business GB to Agricultural Residential AR Tax ID 17J07035D Owner Javier Contreras Applicant Javier Contreras Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 13 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 13 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a parcel identified as tax Tag ID 17J07035D located at 4624 US 70 Business Highway West , Wilson’s Mills Township , from General Business to Agricultural Residential Page2432 October 4 , 2021 – 6 00 pm Continued WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 9 Preserve the Rural Landscape ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of agricultural residential provides a less intense use of the property and will not adversely affect the property , neighbors , or surrounding area ; and b The subject property adjoins property that is zoned agricultural residential , and the agricultural residential use is compatible for the area 3 This Board approves the proposed zoning amendment from General Business to Agricultural Residential th Adopted this the 4 day of October , 2021 The Chairman reopened the Rezoning Hearing for Case 21 - 16 Case 21 - 16 Petition to rezone 2446 acres of a 282 acre tract located in the 500 block of Wise Road in Clayton Township from General Business GB and Agricultural Residential AR to Industrial 1 I - 1 Tax ID 05E99021F Owner Donald H Williamson and Edna Atkinson Williamson Applicant Runway Logistics , LLC Planning Director Braston Newton stated the petition is to rezone 2446 acres of a 282 acre tract located in the 500 block of Wise Road in Clayton Township from General Business and Agricultural Residential to Industrial 1 Mr Newton stated the site is currently used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Community Business and presently vacant ; Industrial 1 and used for an industrial business ; and several surrounding properties are within the Town of Clayton’s ETJ The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Wise Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Alex Finley of Finley Commercial Realty , representing Applicant Runway Logistics , LLC , stated they would like to build a truck terminal and warehouse type storage facility 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 - 16 Decision on Rezoning Case 21 - 16 Case 21 - 16 Petition to rezone 2446 acres of a 282 acre tract located in the 500 block of Wise Road in Clayton Township from General Business GB and Agricultural Residential AR to Industrial 1 I - 1 Tax ID 05E99021F Owner Donald H Williamson and Edna Atkinson Williamson Applicant Runway Logistics , LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 16 Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Page3433 October 4 , 2021 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 21 - 16 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a parcel identified as tax Tag ID 05E99021F located at in the 500 block of Wise Road , Clayton Township , from General Business and Agricultural Residential to Industrial 1 WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of Industrial 1 provides expanded opportunity for job creation and economic stability ; and b The site is located within the Primary Growth Area The request is reasonable in that Industrial is compatible with surrounding land uses and zoning , which include other businesses and Industrial zoning designations 3 This Board approves the proposed zoning amendment from General Business and Agricultural Residential to Industrial 1 th Adopted this the 4 day of October , 2021 6 Planning Activity Report Planning Director Braston Newton reported that work continues on the Comprehensive Land Use Plan update and staff plans to hold a public forum on October 21 , 2021 in the Johnston County Agricultural Center Auditorium to allow citizens to share their ideas and concerns He stated the forum will be drop - in style in the hopes that citizens can interact and talk with staff In response to Commissioner Fred J Smith , Jr , Mr Newton stated once feedback is received from the public regarding the goals within the current Comprehensive Land Use Plan , staff will bring that information back to the Planning Board and the Board of Commissioners for further discussion Mr Newton stated staff is still in the information collection phase of the process 7 Manager Reports and Comments None 8 Board Reports and Comments Commissioner Ted G Godwin stated he would like to set the record straight that he wants to see the true and honest history taught ; however , his grandchildren should not be made to feel guilty for what happened 200 years ago The Board briefly discussed the comments and concerns received by citizens during the Public Comment period at the beginning of the meeting Page4434 October 4 , 2021 – 6 00 pm Continued Chairman Chad M Stewart stated without the use of abusive or vulgar language , the public will be allowed to speak during Public Comment Chairman Stewart further stated that each Commissioner also has the right to respond or ask questions if they so choose Chairman Stewart reiterated that public comment is open for everyone ; however , as Chairman he must be mindful of the timeframe and repetitiveness of subjects There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 7 45 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage