November 1, 2021 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 462 Meeting of the Johnston County Board of Commissioners November 1 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 1 , 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 , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Approval Discussion of Agenda Upon a motion by Commissioner Fred J Smith , Jr , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda as presented 2 Public Comment None 3 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – October 20 and 27 , 2021 Certified letters were mailed to adjoining property owners on October 18 , 2021 Notices were posted at the locations on August 3 , 2021 for Cases 21 - 17 and 21 - 19 The Chairman opened the Rezoning Hearing for Case 21 - 17 Case 21 - 17 Petition to rezone a 165 acre tract located at 4241 US Hwy 70 East in Pine Level Township from Industrial 1 - Special Use District I - 1 SUD to General Business GB Tax ID 12N11018B Owner SCD Investments , LLC Applicant SCD Investments , LLC Planning Director Braston Newton stated the petition is to rezone a 165 acre tract located at 4241 US Hwy 70 East in Pine Level Township from Industrial 1 - Special Use District to General Business Mr Newton stated the site was most recently used by Chemstation ; however , they have relocated to another site The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes as well as General Business and used for various commercial businesses on all sides of the subject property 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 East is 28,000 vehicles per day as of 2019 and it appears on the Comprehensive Transportation Plan as an existing freeway needing improvement Carter Hunt , Raleigh , speaking on behalf of the applicant , stated due to expansions of their business , they are relocating to another site and now wish to lease the building on subject site Mr Hunt stated they are requesting the rezoning back to General Business to make it more attractive to the General Business community 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 - 17 Decision on Rezoning Case 21 - 17Page463 November 1 , 2021 – 6 00 pm Continued Case 21 - 17 Petition to rezone a 165 acre tract located at 4241 US Hwy 70 East in Pine Level Township from Industrial 1 - Special Use District I - 1 SUD to General Business GB Tax ID 12N11018B Owner SCD Investments , LLC Applicant SCD Investments , LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 17 Commissioner Larry Wood seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 17 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 12N11018B located at 4241 US Hwy 70 East in Pine Level Township , from Industrial 1 – Special Use District to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment 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 provides expanded opportunity for job creation and economic stability and the downzoning will allow for less intensive land uses ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Industrial 1 – Special Use District to General Business st Adopted this the 1 day of November , 2021 The Chairman reopened the Rezoning Hearing for Case 21 - 19 Case 21 - 19 Petition to rezone a 1512 acre tract located in the 3300 block of NC Hwy 42 W in Clayton Township from Agricultural Residential AR to General Business GB Tax ID 05I04199X Owner DTJ Inc Applicant DTJ Inc Planning Director Braston Newton stated the petition is to rezone a 1512 acre tract located in the 3300 block of NC Hwy 42 W in Clayton Township from Agricultural Residential to General Business Mr Newton stated the site is currently wooded for the most part The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; and General Business and Community Business for a strip of business offices , gas stations convenience stores , and a construction business 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 NC Hwy 42 W is 17,500 vehicles per day as of 2019 and it appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement Marty Gilbert , Clayton , speaking on behalf of the applicant , stated the property was originally purchased as a subdivided tract with one portion planned for residential and the other planned for commercial HePage464 November 1 , 2021 – 6 00 pm Continued continued that the site is not suitable for residential development and they would like to have it rezoned for General Business 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 - 19 Decision on Rezoning Case 21 - 19 Case 21 - 19 Petition to rezone a 1512 acre tract located in the 3300 block of NC Hwy 42 W in Clayton Township from Agricultural Residential AR to General Business GB Tax ID 05I04199X Owner DTJ Inc Applicant DTJ Inc Commissioner Fred J Smith , Jr moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 19 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 19 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 05I04199X located in the 3300 block of NC Hwy 42 W in Clayton Township , from Agricultural Residential to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment 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 provides expanded opportunity for job creation and economic stability ; and b The site is located within the Primary Growth Area along an arterial corridor The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business st Adopted this the 1 day of November , 2021 4 Planning Activity Report and Comprehensive Land Use Plan Update Planning Director Braston Newton updated the Commissioners on the Comprehensive Land Use Plan He shared the following information with the Board Page465 November 1 , 2021 – 6 00 pm ContinuedPagePage pageNumber5466 November 1 , 2021 – 6 00 pm Continued Mr Newton stated a comprehensive land use plan differs from a strategic plan in that typically a strategic plan has a shorter timeframe of approximately five years He stated a strategic plan includes other aspects of the organization such as public safety , human services , and other services directly unrelated to land use Mr Newton stated a strategic plan also draws its details from previously adopted plans and policies of the organization He continued with the presentation Mr Newton stated the process is beginning to move out of the discovery period and into the plan development period He stated the discovery period included data compilation as well as market research for residential and commercial , which will be shared with the Board Mr Newton explained that plan development includes strategizing on how to achieve the identified goals He stated during the documentation period , individual components would be brought to the Board for review , modifications , and recommendations PagePage pageNumber6467 November 1 , 2021 – 6 00 pm Continued Mr Newton stated the first public forum was a drop - in session at the Johnston County Agricultural Center and was attended by approximately 85 people Mr Newton stated staff feels the forum went well and a lot of information was shared with those that attended He stated staff received quite a bit of feedback from the attendees at the forum and the feedback is continuing to come into the office through email Mr Newton spoke on the online survey and stated staff feels the response was good At the inquiry of Commissioner Butch Lawter , Mr Newton confirmed that staff plans to continue using WikiMapping , which was available at the public forum since it has shown to be a useful tool PagePage pageNumber7468 November 1 , 2021 – 6 00 pm Continued Mr Newton spoke on the existing land use pattern , stating Johnston County has experienced a lot of residential growth and even though 75 of the land is classified as vacant , agriculture , or forestry , focus needs to be given to land preservation and being good stewards of the land PagePage pageNumber8469 November 1 , 2021 – 6 00 pm Continued Mr Newton pointed out that in the recent survey the majority of those that responded feel that growth has occurred too quickly At the inquiry of Chairman Chad M Stewart , Mr Newton confirmed that the market dictates much of the growth ; however , the pace of growth is also sometimes due to the ease of moving through the regulatory process , the availability of land , the road network , and many other factors Chairman Stewart agreed that the growth has not been based off one specific thing and there are multiple factors that have made Johnston County a desirable place to live Commissioner Ted G Godwin commented that this is a very difficult process because he believes in freedom , but perhaps one item driving the growth is the fact that the Board has allowed that freedom rather than imposing too many restrictions Commissioner Fred J Smith , Jr shared what he has learned about the reasons that contribute to the loss of agricultural land , including growth and development ; farming operations being unable to stay profitable ; and the generational transfer of land to people that do not live or work on the farm and choose to sell it when presented with the opportunity Commissioner Smith stated with these three factors agricultural land will continue to shrink in America Commissioner Larry Wood spoke on the need for the Board to remain focused on what it is charged with once the Comprehensive Land Use Plan is completed At the request of Commissioners Lawter and Wood , Mr Newton stated staff can provide more detailed data as it relates to the general location of residence of those that responded to the survey Mr Newton stated staff can also provide the Board with data related to the average size of housing Commissioner Patrick E Harris noted that in considering all the things that this Board stands for such as lowering taxes , good governance , cutting red tape for businesses , and trying to have streamlined processes , all of those things actually excel growth and are not found in surrounding counties Commissioner Harris stated while other counties were increasing their tax rate , Johnston County was lowering its tax rate Chairman Stewart stated finding a good balance is definitely a challenge and the Comprehensive Land Use Plan will be one of the most important things that the Board does Mr Newton continued with his presentation PagePage pageNumber9470 November 1 , 2021 – 6 00 pm ContinuedPage0471 November 1 , 2021 – 6 00 pm ContinuedPage1472 November 1 , 2021 – 6 00 pm ContinuedPage2473 November 1 , 2021 – 6 00 pm ContinuedPage3474 November 1 , 2021 – 6 00 pm ContinuedPage4475 November 1 , 2021 – 6 00 pm Continued Mr Newton reviewed the following draft goals with the Board He stated the Steering Committee recommends combining # 7 and # 8 Mr Newton asked the Board to read the draft goals over the next week and provide feedback to the Planning staff Page5476 November 1 , 2021 – 6 00 pm Continued Mr Newton concluded his presentation and stated the Steering Committee will be meeting again later in November to review the feedback received from the first public forum Mr Newton also stated that the County’s th consultant , Nealon Planning , will be at the Board’s November 15 meeting to provide a more detailed update The Board thanked Mr Newton for the information 5 Manager Reports and Comments None 6 Board Reports and Comments Commissioner Ted G Godwin stated Johnston County Schools will be holding the annual Veterans Day Celebration to honor and recognize all Johnston County Veterans for their service Commissioner Godwin stated it will be a virtual event again this year due to Covid He stated the online program will begin at 11 00 am on th Thursday , November 11 and it will be livestreamed through Johnston County Schools ’ website Page6477 November 1 , 2021 – 6 00 pm Continued 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 7 15 pm Chad M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage