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

10 527 Meeting of the Johnston County Board of Commissioners December 6 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 6 , 2021 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Larry Wood , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , and Richard D Braswell 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 RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Appointment Announcement Chairman Butch Lawter stated the Board utilized written ballots at the 10 00 am meeting for the two at - large positions on the Economic Development Advisory Board Chairman Lawter stated the votes have been tallied and he announced that Edwin Aldridge , Jr and Steve Hargis were reappointed Upon a motion by Commissioner Larry Wood , seconded by Commissioner Patrick E Harris , and carried unanimously , the Board granted Mr Hargis 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 Larry Wood , and carried by unanimous vote , the Board approved the agenda as presented 3 Public Comment A Citizens Comments – Public Transportation Needs Mr Stuart Lee , Smithfield , submitted a letter to the Board from the African American Caucus of Johnston County requesting the Board to consider creating a board or committee to look at the transportation needs of Johnston County Mr Lee stated with all the growth in Johnston County , having access to transportation has become very important Mr Lee spoke on the Bipartisan Infrastructure Law , also known as the Infrastructure Investment and Jobs Act , passed through Congress and the funding that will be available through this act Mr Lee noted there are also other sources of funding available and a board or committee would help to ensure Johnston County could receive some of the funding Mr Lee stated they are asking the Board to create a board or committee to assist in the development of and planning for current and future public transportation projects as well as to make public transportation more accessible for Johnston County’s citizens Chairman Butch Lawter commented that the Board received an update at the morning meeting from the Johnston County Area Transit System JCATS regarding transportation so Mr Lee’s comments are very timely Ms Angelique Legette , Smithfield , echoed the remarks by Mr Lee and thanked the Board for considering their request Ms Legette offered her assistance to the Board Page528 December 6 , 2021 – 6 00 pm Continued Commissioner Ted G Godwin stated in conversations with Ms Legette , she has expressed her thoughts that JCATS is not for everyone as their logo states ; however , he feels that JCATS can be the nucleus that could be expanded if the funding can be found Commissioner Godwin stated by going through JCATS , the matter could perhaps be expanded rather than reinventing the wheel Ms Legette stated Johnston County has a great foundation which she feels can be expanded and built upon The Board thanked Mr Lee and Ms Legette for their comments 4 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – November 24 and December 1 , 2021 Certified letters were mailed to adjoining property owners on November 19 , 2021 Notices were posted at the locations on August 1 , 2021 for Case 21 - 15 and August 31 , 2021 for Case 21 - 20 The Chairman opened the Rezoning Hearing for Case 21 - 15 Case 21 - 15 Petition to rezone 243 acres of a 597 acre tract located at 2239 Barber Mill Road in Clayton Township from Agricultural Residential AR to General Business - Conditional Zoning District GB - CZ Tax ID 05G04010X Owner Steve & Haley Lenderman Applicant Steve & Haley Lenderman Conditional Zoning District Request Event Venue Planning Director Braston Newton stated the petition is to rezone 243 acres of a 597 acre tract located at 2239 Barber Mill Road in Clayton Township from Agricultural Residential to General Business - Conditional Zoning District Mr Newton stated the site is currently used for agricultural purposes and the conditional zoning district request is for an event venue The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; and Neighborhood Business – Special Use District and used as a civic organization meeting facility 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 Barber Mill Road was 5,100 vehicles per day as of 2016 and it appears on the transportation plan as an existing minor thoroughfare with adequate design capacity The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Land use restricted to event venue Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 5 Hours of operation M - Th from 9am - 10pm , Fri - Sat from 8am - 1am , and Sundays from 8am - 11pm 6 All parking off - street 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 9 All signage must comply with the Johnston County sign ordinance 10 Environmental Health regulations must be adhered to for any food preparation or sales 11 Strict compliance with the Johnston County Noise Ordinance Applicant Steve Lenderman addressed the Board and stated the structure on the site is known as the House of Barber Mill He noted the location of the proposed rezoning on an aerial photograph for the Board and reviewed their plans for the event venue Mr Lenderman noted areas in which they have installed landscaping as well as the planned ingress egress for the site He offered to answer any questions Chairman Butch Lawter asked if the intent is to subdivide the subject site from the remainder of the property to keep the General Business – Conditional Zoning District separate from the Agricultural Residential zoning Mr Lenderman confirmed that they plan to subdivide the site as soon as their renovations are completed , currently scheduled in February Page529 December 6 , 2021 – 6 00 pm Continued Chairman Lawter asked staff if a condition requiring the applicant to subdivide the property should be added Mr Newton stated the Board could consider adding a condition that the applicant must subdivide the site and noted the applicant must agree to that addition At the inquiry of Chairman Lawter , Mr Lenderman stated he would agree to a condition to subdivide the property , as long as the Board could add that it be done within a timeframe to allow them to complete the construction loan phase of their renovations project Upon a question by Commissioner Larry Wood , County Attorney Jennifer Slusser stated it is difficult when a site is split - zoned as far as enforcement and site plan certifications because with a split - zoning , it can be difficult to determine exactly where the lines are without a survey Ms Slusser stated by subdividing the property it also provides for consistency for the future land use in the area Mr Newton also noted that it makes any future title searches cleaner by having two separately taxed parcels 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 Mr Newton reminded the Board if the intent is to add a condition regarding the subdivision of the property , the applicant must agree to that change The Chairman asked if there were any questions or concerns from Commissioners on the conditions as proposed The Commissioners discussed the addition of a condition to subdivide the property with the applicant Motion to add condition Commissioner Tony Braswell moved the Board add condition # 12 that the site shall be subdivided by December 31 , 2022 Commissioner Larry Wood seconded the motion , which carried unanimously In response to the Chairman , Mr Lenderman confirmed that he agrees to the conditions as revised with the addition of condition # 12 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 15 Decision on Rezoning Case 21 - 15 Case 21 - 15 Petition to rezone 243 acres of a 597 acre tract located at 2239 Barber Mill Road in Clayton Township from Agricultural Residential AR to General Business - Conditional Zoning District GB - CZ Tax ID 05G04010X Owner Steve & Haley Lenderman Applicant Steve & Haley Lenderman Conditional Zoning District Request Event Venue Commissioner Tony Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 21 - 15 as follows Commissioner Larry Wood seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 15 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 ;Page530 December 6 , 2021 – 6 00 pm Continued 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 05G04010X located at 2239 Barber Mill Road , Clayton 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 3A Business Expansion and Development by offering a progressive atmosphere for enterprises that will diversify the economy and enhance the quality of life in Johnston County 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 for a land use that is complementary to adjacent land uses and is harmonious with the community ; and b The request is reasonable in that the proposed use would benefit the community and the approved conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public This property is also in a Primary Growth Area as identified in the County’s comprehensive plan 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business – Conditional Zoning District th Adopted this the 6 day of December , 2021 Conditions 1 Land use restricted to event venue 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 5 Hours of operation M - Th from 9am - 10pm , Fri - Sat from 8am - 1am , and Sundays from 8am - 11pm 6 All parking off - street 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 9 All signage must comply with the Johnston County sign ordinance 10 Environmental Health regulations must be adhered to for any food preparation or sales 11 Strict compliance with the Johnston County Noise Ordinance 12 The site shall be subdivided by December 31 , 2022 The Chairman reopened the Rezoning Hearing for Case 21 - 20 Case 21 - 20 Petition to rezone 5548 acres of a 674 acre tract located at 6001 US Hwy 70 Bus in Clayton Township from General Business GB and Community Business CB to Industrial - 1 I - 1 Tax ID 05I06029 Owner Heavner Properties 1997 Limited Partnership & Brightleaf # 2004 - II , LLC Applicant Paul Embler Planning Director Braston Newton stated the petition is to rezone 5548 acres of a 674 acre tract located at 6001 US Hwy 70 Bus in Clayton Township from General Business and Community Business to Industrial - 1 Mr Newton stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; and Industrial - 1 and used for industrial business purposes 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 28,500 vehicles per day as of 2019 Applicant Paul Embler addressed the Board on behalf of the property owners and offered to answer any questions Mr Embler recalled that he has appeared before the Board in the past to rezone other properties in the area to Industrial - 1 PagePage pageNumber5531 December 6 , 2021 – 6 00 pm Continued Upon a question by Commissioner Larry Wood , Mr Embler stated he is unsure at this time of the exact point of ingress and egress for the site , but would be working with the property owners later on specific plans 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 - 20 Decision on Rezoning Case 21 - 20 Case 21 - 20 Petition to rezone 5548 acres of a 674 acre tract located at 6001 US Hwy 70 Bus in Clayton Township from General Business GB and Community Business CB to Industrial - 1 I - 1 Tax ID 05I06029 Owner Heavner Properties 1997 Limited Partnership & Brightleaf # 2004 - II , LLC Applicant Paul Embler Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 20 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 20 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 05I06029 located at 6001 US Hwy 70 Bus , Clayton Township , from General Business and Community Business 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 as the area has already developed for industrial uses and is positioned for further light industrial development in the future 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 is compatible with surrounding land uses and zoning , which includes other Industrial businesses and commercial zoning designations ; and b The request is reasonable in that the proposed use is in a Primary Growth Area on the County’s comprehensive plan 3 This Board approves the proposed zoning amendment from General Business and Community Business to Industrial - 1 th Adopted this the 6 day of December , 2021 PagePage pageNumber6532 December 6 , 2021 – 6 00 pm Continued 5 Planning Activity Report th Planning Director Braston Newton reported the Steering Committee met on November 29 and they are officially in the second phase of the land use plan process Mr Newton stated they are moving from the “ what ” portion of the process to the “ how ” phase He noted there was some great discussion at the last Committee meeting and the process has been very productive Mr Newton stated the next steps would involve another Steering Committee meeting in January followed by another public forum later that month Commissioner Fred J Smith , Jr spoke on his concerns that the steps are advancing with the Steering Committee ; however , the Board has not been able to have more input or discussion as to what the plan is going to be Commissioner Smith stated the Board should have an opportunity to provide input before the Steering Committee begins the “ how ” phase of their discussion to determine what the plan will be Commissioner Tony Braswell commented that he thought the Steering Committee would do their work and the Board of Commissioners will begin after the Committee is done Commissioner Smith stated the Board needs to have more input before momentum continues to build and everyone needs to be in agreement as the process moves along The Board continued to discuss the purpose of the Steering Committee and the next steps in the process Chairman Butch Lawter stated the Board is utilizing a consultant and a committee to bring the Board information and then it is the Board’s responsibility to approve the final product Chairman Lawter stated if the Board can get a draft summary of the “ what ” , then there is still adequate time to get everyone’s input Commissioner Richard D Braswell noted that he has been serving on the Steering Committee ; however , now that he has been appointed as a Commissioner it may be appropriate for him to step down from the Committee Upon further discussion , Chairman Lawter directed staff and the consultant to figure out a way to bring the Board into the process to provide some sort of guidance before the plan gets closer to completion Mr Newton agreed that the intent is to bring a draft of the vision portion of the plan to the Planning Board and the Commissioners for their input , but that he feels it is important to also go through the public input process first Commissioner Patrick E Harris noted there is still the matter of Commissioner Richard Braswell coming off the Steering Committee and if his position should be filled At the inquiry of Commissioner Braswell , Chairman Lawter noted there is another individual on the Committee from that area It was the consensus of the Board for Commissioner Richard Braswell to step down from the Steering Committee and not fill that position 6 Manager Reports and Comments A Approval of Contract with The Mercer Group County Manager Rick Hester reported staff has received a proposal from The Mercer Group to update the County’s compensation study at a cost of 5,500 Mr Hester stated if the Board would like to proceed with the update , staff requests approval Upon a motion by Commissioner Patrick E Harris , seconded by Commissioner Richard Braswell , and carried unanimously , the Board approved a contract with The Mercer Group to update the County’s compensation study at a cost of 5,500 and that the update will look at all positions Commissioner Harris stated that he would like to see something done to address compression in the future Commissioner Harris spoke on the need to take a comprehensive look at the compensation study as well as compression so that it is fixed all at one time Mr Hester stated he would keep the Board informed PagePage pageNumber7533 December 6 , 2021 – 6 00 pm Continued 7 Board Reports and Comments A Public Comment Item Regarding Public Transportation and Future Board Work Session Commissioner Ted G Godwin recalled the item brought to the Board’s attention during Public Comment regarding a request to create a board or committee to look at public transportation Commissioner Godwin stated perhaps the Board needs to look at putting something together for some type of committee Commissioner Patrick E Harris noted that he has spoken with Ms Legette regarding this subject and she is very knowledgeable in this matter Commissioner Harris stated there is a need to look at addressing this needed service in the County Chairman Butch Lawter suggested for staff to give some thought to the matter and come up with ideas the Board could consider at a future meeting Commissioner Fred J Smith , Jr indicated that this may be a better topic for discussion at a future Board work session Chairman Lawter stated he would like to see the Board schedule a two - day work session to discuss this issue along with others in the hopes of coming away with a vision where priorities can be established for staff Chairman Lawter suggested the Board look at scheduling a work session for some time in the spring There being no further business , Commissioner Ted G Godwin moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 7 00 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage