September 8, 2020 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 546 Meeting of the Johnston County Board of Commissioners September 8 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 8 , 2020 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 Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , and Patrick E Harris Commissioner RS “ Butch ” Lawter , Jr participated remotely via conference call Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted County Attorney Jennifer Slusser explained that Commissioner Butch Lawter would be participating remotely via conference call for the meeting Ms Slusser stated under the Board’s Remote Participation Policy , Commissioner Lawter is able to participate and vote on the rezoning hearings which are legislative ; however , he would not be voting on quasi - judicial matters that involve special use hearings 1 Cases 20 - 04 and 20 - 08 – Request for Continuance County Attorney Jennifer Slusser reported that the attorney for Cases 20 - 04 and 20 - 08 has requested a continuance until the Board’s February 2021 meeting At the inquiry of the Board , Ms Slusser stated a reason for the continuance request was not given Ms Slusser stated no one is present on behalf of the case because she informed them that she would make that request to the Board Ms Slusser stated the date the case is continued to is at the discretion of the Board Commissioner Jeffrey P Carver asked if the cases were continued until February , would the applicants have to begin the process all over and go back before the Planning Board Ms Slusser stated the cases would not have to start from the beginning and the Commissioners could hear the requests in February , unless there are significant changes to the plans in which case the process would start over and go back before the Planning Board Commissioner Chad M Stewart stated he would prefer to hear a reason from the applicants as to why they are asking for a continuance until February Ms Slusser stated if the Board is not inclined to continue the cases until February , she would recommend the Board continue the cases at least until October Commissioner Stewart stated in his review of these cases from the agenda packet , they appear to have had public interest and he would like to be able to inform the public of a reason for such an extended continuance Commissioner Stewart moved the Board continue Cases 20 - 04 and 20 - 08 until the October 5 , 2020 6 00 pm meeting Commissioner Larry Wood seconded the motion , which carried by unanimous vote 2 Public Comment No one present wished to speak Chairman Ted G Godwin reported the Board received an e - mail from Mr Robert Holland asking the Board to impose impact fees on all new building permits , both residential and commercial County Attorney Jennifer Slusser reported that the North Carolina Supreme Court has held that impact fees are not permissible ; therefore , even if the County wanted to impose such fees , there would be no legal authority Page547 September 8 , 2020 – 6 00 pm Continued 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – August 28 and September 4 , 2020 ; The Johnstonian News and The News in Review – August 26 and September 2 , 2020 Certified letters were mailed to adjoining property owners on August 24 , 2020 Notices were posted at the locations on March 2 , 2020 for Cases 19 - 25 and 20 - 04 ; and July 6 , 2020 for Cases 20 - 06 , 20 - 08 , 20 - 09 , 20 - 10 , and 20 - 13 The Chairman opened the Rezoning Hearing for Case 19 - 25 Case 19 - 25 Petition to rezone 394 acres of a 113 acre tract located at 1479 Gordon Road in the Clayton Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 05I05025 Owner Melisa Frias Zapata Applicant Melisa Frias Zapata Planning Director Braston Newton stated the petition is to rezone 394 acres of a 113 acre tract located at 1479 Gordon Road in the Clayton Township from Agricultural Residential to Industrial 2 - Special Use District He noted the special use request associated with the rezoning is to allow for diesel truck repair 18 wheel without trailer Mr Newton stated the site is currently zoned Agricultural Residential and used for residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated Gordon Road does not appear on the Comprehensive Transportation Plan as needing improvement and there is no current traffic count available Mr Newton noted that staff recommendation was for denial based on the inconsistency with the Comprehensive Land Use Plan and lack of harmony with surrounding uses Commissioner Larry Wood asked why the request is not for General Business – Special Use District Mr Newton responded that the type of proposed truck repair does not fall under the General Business classification ; therefore , an Industrial 2 classification would be necessary for the applicant’s proposed use Upon a question by Commissioner Chad M Stewart , Mr Newton confirmed that the request was recommended for denial by staff , but approval by the Planning Board Mr Zapata speaking through an interpreter , husband of and representing the applicant , stated they would like to build a shop so they can work from home He stated they are currently renting space at a different location At the inquiry of Chairman Ted G Godwin , Mr Zapata confirmed he has owned the property for one year Commissioner Stewart asked if the property was purchased specifically for the purpose of starting the business Mr Zapata confirmed that they purchased the property so they could have an option to build a shop and work from home 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 Upon a question by Chairman Godwin , Mr Newton stated there was some opposition at the Planning Board meeting Commissioner Jeffrey P Carver asked what other uses are allowed within the requested zoning classification Mr Newton explained that the special use district restricts the use to what is specifically approved so in this case the use would be restricted to diesel truck repair if approved Ms Newton also confirmed that if the special use permit is approved , specific special use conditions would apply regarding hours of operation , the allowed number of trucks , and other requirements Page548 September 8 , 2020 – 6 00 pm Continued At the inquiry of Commissioner Wood , Mr Newton confirmed that if approved , the use would stay with the property until such time as it is amended Upon questions by Commissioner Stewart , Mr Newton stated the request would be subject to approval of the septic system by the Environmental Health Department There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 25 Decision on Rezoning Case 19 - 25 Case 19 - 25 Petition to rezone 394 acres of a 113 acre tract located at 1479 Gordon Road in the Clayton Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 05I05025 Owner Melisa Frias Zapata Applicant Melisa Frias Zapata Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 25 Commissioner Chad M Stewart seconded the motion , which carried unanimously Commissioner Butch Lawter not voting RESOLUTION FOR CASE NUMBER 19 - 25 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 05I05025 located at 1479 Gordon Road 0394 acre of 113 acre in Clayton Township , as shown on the attached Exhibit A , from Agricultural Residential to Industrial - 2 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 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 request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3A Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , 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 adopt the proposed amendment because a Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial - 2 Special Use District I2 - SUD Adopted this the 8th day of September , 2020 The Chairman opened the Special Use Hearing for Case 19 - 25 Case 19 - 25 To allow for diesel truck repair 18 wheel without trailer Owner Melisa Frias Zapata Applicant Melisa Frias ZapataPage549 September 8 , 2020 – 6 00 pm Continued Those wishing to speak on Special Use Case 19 - 25 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for diesel truck repair 18 wheel without trailer 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 19 - 25 on September 25 , 2019 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On July 21 , 2020 , the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 19 - 25 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 19 - 25 , seconded by Ms Hackler , the Planning Board approved Rezoning Case 19 - 25 with a unanimous vote of 5 - 0 at the July 21 , 2020 Planning Board Meeting Upon a motion by Ms Hackler to approve with the change in Condition # 9 to a maximum of 6 vehicles and to add a Condition # 12 stating all this is subject to approval with septic , the Special Use Conditions for Rezoning Case 19 - 25 , seconded by Ms Byrd , the Planning Board approved the Special Use Conditions for Rezoning Case 19 - 25 with a unanimous vote of 5 - 0 at the July 21 , 2020 Planning Board Meeting Findings of Facts 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed will be an accepted use for the proposed I2 - SUD zoning and will be designed to follow all current Johnston County design standards and specifications 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 Property will be designed in accordance with the required use and regulations of Johnston County Land Use Code as well as state and federal regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This special use will be in accordance with the Johnston County Land Use Code 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 This special use will be in accordance with the Johnston County Land Use Code Special Use Conditions 1 Permitted Uses Diesel Truck Repair 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class C landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Saturday , 6 00 am until 9 00 pm 7 Signage must comply with the County’s sign code 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Maximum of 3 6 Commercial Vehicles can be on site at any given time 10 Driveway permit required by NCDOT with paved apron through ROW at minimum 11 Fire access road and fire hydrant required for future building structure 12 Dependent upon approval of septic for facility Items in bold and or crossed through were changed by the Planning Board during the meeting Mr Newton reviewed the special use conditions with the Board specifically noting the revisions proposed by the Planning Board and offered to answer any questions PagePage pageNumber5550 September 8 , 2020 – 6 00 pm Continued Commissioner Jeffrey P Carver noted this is a small area and he questioned allowing six commercial vehicles and a building for such a small area of land Commissioner Carver asked why the Planning Board recommended six vehicles Mr Newton stated the Planning Board proposed the revision at the request of the applicant at the Planning Board meeting ; however , the original request from the applicant was three Commissioner Chad M Stewart agreed with Commissioner Carver that six commercial vehicles seems excessive for such a small area Commissioner Larry Wood also agreed that the number of commercial vehicles needs to be reviewed Commissioner Tony Braswell stated at the Planning Board meeting , he thinks the Planning Board was considering how many vehicles would be inside the building as well as outside when they increased the number to six Mr Zapata speaking through an interpreter , husband of and representing the applicant , was present to answer any questions Mr Zapata stated he would like to have the flexibility of having three vehicles inside as well as outside for the convenience of customers Mr Zapata confirmed that all repairs would be done inside the building and oils fluids contained within the building Mr Zapata also indicated he is still working on the septic system with the Environmental Health Department but was told that he needed to get the rezoning issue addressed first Upon a question by Commissioner Braswell , Mr Zapata acknowledged that it is not customary to have more than three vehicles being worked on at one time ; however , he wants the flexibility to have more vehicles in case one is awaiting pickup by a customer The Board discussed the option of allowing four commercial vehicles on site At the inquiry of Commissioner Patrick E Harris , Mr Zapata confirmed that he lives on the property 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 recessed the Special Use Hearing for Case 19 - 25 Decision on Special Use Case 19 - 25 Case 19 - 25 To allow for diesel truck repair 18 wheel without trailer Owner Melisa Frias Zapata Applicant Melisa Frias Zapata Based on the following findings of facts and revised special use conditions limiting the number of commercial vehicles allowed to four , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 25 to allow for diesel truck repair 18 wheel without trailer on 394 acres of a 113 acre tract located at 1479 Gordon Road in the Clayton Township Commissioner Larry Wood seconded the motion , which carried unanimously Commissioner Butch Lawter not voting Findings of Facts 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 request is an accepted use for I2 - SUD zoning and will be designed to follow all current Johnston County design standards and specifications All environmental guidelines have been considered and there will be no mounted trailers on the trucks Adequate soils evaluations will be performed and the site specific development plan will be reviewed by Johnston County 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 ; Property will be designed in accordance with the required use and regulations of Johnston County Land Use Code as wellPagePage pageNumber6551 September 8 , 2020 – 6 00 pm Continued as state and federal regulations The development scope and will undergo site specific development plan review to ensure that all applicable regulations are met 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 special use will be in accordance with the Johnston County Land Use Code The development is limited in size and intensity All repair work will be performed indoors 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 special use will be in accordance with the Johnston County Land Use Code The use is consistent with Goal 3A Business Expansion and Development , ” of the Johnston County Comprehensive Plan that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County The development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public Special Use Conditions 1 Permitted Uses Diesel Truck Repair 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class C landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Saturday , 6 00 am until 9 00 pm 7 Signage must comply with the County’s sign code 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Maximum of 4 commercial vehicles can be on site at any given time 10 Driveway permit required by NCDOT with paved apron through ROW at minimum 11 Fire access road and fire hydrant required for future building structure 12 Dependent upon approval of septic for facility The Chairman reopened the Rezoning Hearing for Case 20 - 06 Case 20 - 06 Petition to rezone 102 acres of a 294 acre tract located at 50 Wayne’s Lane in the O’Neals Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11M04004I Owner Elizabeth B Evans Applicant Elizabeth B Evans Planning Director Braston Newton stated the petition is to rezone 102 acres of a 294 acre tract located at 50 Wayne’s Lane in the O’Neals Township from General Business - Special Use District to Agricultural Residential Mr Newton stated the site was previously used for auto sales ; however , staff has been informed that the use is no longer in operation The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low levels of growth are anticipated over the next 20 years Applicant Elizabeth Evans stated the auto sales is no longer in use and they wish to rezone the property back to Agricultural Residential Ms Evans stated the auto sales has not been in business for ten years 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 20 - 06 Decision on Rezoning Case 20 - 06 Case 20 - 06 Petition to rezone 102 acres of a 294 acre tract located at 50 Wayne’s Lane in the O’Neals Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11M04004I Owner Elizabeth B Evans Applicant Elizabeth B Evans Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 06 Commissioner Patrick E Harris seconded the motion which carried by unanimous vote PagePage pageNumber7552 September 8 , 2020 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 20 - 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 § 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 11M04004I located at 50 Wayne’s Lane 102 acre of 294 acre tract in the O’Neals Township , as shown on the attached Exhibit A , from General Business - Special Use District to Agricultural Residential 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 request is consistent with the Comprehensive Land Use Plan Goal 6D “ Minimize Residential - Agricultural Use Conflicts ” 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The down - zoning from General Business - Special Use to Agricultural - Residential eliminates a use that is not harmonious with the residential and agricultural nature of the immediate area 3 This Board approves the proposed zoning amendment from General Business - Special Use District GB - SUD to Agricultural Residential AR th Adopted this the 8 day of September , 2020 The Chairman reopened the Rezoning Hearing for Case 20 - 09 Case 20 - 09 Petition to rezone a 504 acre tract located at 10778 Cleveland Rd in the Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 06E02030N Owner Cloudburst Investments , LLC Applicant True Line Surveying Planning Director Braston Newton stated the petition is to rezone a 504 acre tract located at 10778 Cleveland Road in the Cleveland Township from Agricultural Residential to Community Business Mr Newton stated the site is currently zoned Agricultural Residential and used for residential and agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and a Church ; General Business and used for mini - storage , daycare , and office ; and General Business – Special Use District and presently vacant The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion of Cleveland Road is 16,000 vehicles per day and it appears on the Comprehensive Transportation Plan as a “ Boulevard Needing Improvement ” Upon questions by the Board , Mr Newton stated under the Community Business classification , restrictions would be placed on the size of the structure built in an effort to manage the intensity of the use Surveyor Curk Lane , with True Line Surveying , representing the owner , stated the owner hopes to market the site as commercial and there are no specific plans yet There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber8553 September 8 , 2020 – 6 00 pm Continued Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the inquiry of Commissioner Chad M Stewart , Mr Newton stated there was no opposition at the Planning Board meeting There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 09 Decision on Rezoning Case 20 - 09 Case 20 - 09 Petition to rezone a 504 acre tract located at 10778 Cleveland Rd in the Cleveland Township from Agricultural Residential AR to Community Business CB Tax ID 06E02030N Owner Cloudburst Investments , LLC Applicant True Line Surveying Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 09 Commissioner Tony Braswell seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 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 § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a portion of the parcel identified as tax Tag ID 06E02030N located at 10778 Cleveland Road as shown on the attached Exhibit A , from Agricultural Residential to Community Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with 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 request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial uses are suitable 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The General Business zoning is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations at an established commercial activity node 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Community Business CB Adopted this the 8th day of September , 2020 The Chairman reopened the Rezoning Hearing for Case 20 - 10 Case 20 - 10 Petition to rezone a 9217 acre tract located at 31 Sadisco Rd in the Clayton Township from General Business GB to Industrial 1 I - 1 Tax ID 05I06030E Owner Edna Rose Lancaster Tyndall Applicant Jay WillifordPagePage pageNumber9554 September 8 , 2020 – 6 00 pm Continued Planning Director Braston Newton stated the petition is to rezone a 9217 acre tract located at 31 Sadisco Road in the Clayton Township from General Business to Industrial 1 Mr Newton stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; General Business and used for assorted businesses ; and Industrial 1 for an auto recovery business The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated there is no traffic count available for this portion of Sadisco Road ; however , US Hwy 70 West has a traffic count of 26,000 vehicles per day Applicant Jay Williford , 2513 Birch Point , High Point , stated they will purchase the property and rent it back to the company they work for which is an equipment dealership 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 20 - 10 Decision on Rezoning Case 20 - 10 Case 20 - 10 Petition to rezone a 9217 acre tract located at 31 Sadisco Rd in the Clayton Township from General Business GB to Industrial 1 I - 1 Tax ID 05I06030E Owner Edna Rose Lancaster Tyndall Applicant Jay Williford Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 10 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 10 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a portion of the parcel identified as tax Tag ID 05I06030E located at 31 Sadisco Road in the Clayton Township as shown on the attached Exhibit A , from General 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 request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , 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 adopt the proposed amendment because Page0555 September 8 , 2020 – 6 00 pm Continued a The Industrial zoning is compatible with surrounding land uses and zoning 3 This Board approves the proposed zoning amendment from General Business GB to Industrial - 1 I - 1 th Adopted this the 8 day of September , 2020 The Chairman reopened the Rezoning Hearing for Case 20 - 13 Case 20 - 13 Petition to rezone 111 acres of a 16204 acre tract located in the 1800 block of NC Hwy 242 in the Banner Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 01F13009A Owner Carolyn Y Reaves Applicant Chuck Richardson South River EMC Planning Director Braston Newton stated the petition is to rezone 111 acres of a 16204 acre tract located in the 1800 block of NC Hwy 242 in the Banner Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use request associated with the rezoning is to allow for an electrical substation Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Property Owner Carolyn Reaves was present to answer any questions 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 At the inquiry of Chairman Ted G Godwin , Mr Newton reported there has been no opposition to the request There being no further comments , the Chairman closed the Rezoning Hearing for Case 20 - 13 Decision on Rezoning Case 20 - 13 Case 20 - 13 Petition to rezone 111 acres of a 16204 acre tract located in the 1800 block of NC Hwy 242 in the Banner Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 01F13009A Owner Carolyn Y Reaves Applicant Chuck Richardson South River EMC Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 13 Commissioner Patrick E Harris seconded the motion , which carried unanimously Commissioner Butch Lawter not voting RESOLUTION FOR CASE NUMBER 20 - 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 § 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 01F13009A located at the 1800 block of NC Hwy 242 in the Banner Township 111 acres of 16204 acres tract as shown on the attached Exhibit A , from Agricultural Residential AR to Agricultural Residential - Special Use District AR SUD for an electrical substation WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; andPage1556 September 8 , 2020 – 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 It aligns with Goal 6A “ Ensure well - planned Rural Development ” by minimizing residential - agricultural use conflicts 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The development is listed as a special use in the Agricultural Residential zoning , and meets all of the requirements listed in the ordinance 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD th Adopted this the 8 day of September , 2020 The Chairman reopened the Special Use Hearing for Case 20 - 13 Case 20 - 13 To allow for an electrical substation Owner Carolyn Y Reaves Applicant Chuck Richardson South River EMC Those wishing to speak on Special Use Case 20 - 13 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for an electrical substation 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 20 - 13 on March 31 , 2020 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On July 21 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 13 and made the following recommendations Upon a motion by Mr Caldwell to approve Rezoning Case 20 - 13 , seconded by Ms Byrd , the Planning Board approved Rezoning Case 20 - 13 with a unanimous vote of 5 - 0 at the July 21 , 2020 Planning Board Meeting Upon a motion by Mr Caldwell to approve the Special Use Conditions for Rezoning Case 20 - 13 , seconded by Ms Hackler , the Planning Board approved the Special Use Conditions for Rezoning Case 20 - 13 with a unanimous vote of 5 - 0 at the July 21 , 2020 Planning Board Meeting Findings of Facts 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed substation is located at the rear of the overall property to maximize the screening , safety and minimize the views from the roadway and adjacent neighborhoods Security fence is provided around the entire facility to enhance the public safety and general welfare of the surrounding community This substation will provide a much needed reliability of the electrical infrastructure for the neighborhood and surrounding community being served by the South River EMC Page2557 September 8 , 2020 – 6 00 pm Continued 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 proposed substation design meets all of the required Land Development Code requirements for setbacks , screening and location The project will be located as to provide maximum amount of sight distance and reduce any negative impacts to the area 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 substation project is being proposed to provide more reliability to the electrical infrastructure of the surrounding area and help with the ever growing demands of that region 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 It is the intent of South River EMC to provide a facility that not only fits into the physical development of Johnston County but also meets any and all requirements of the Development code The design includes 20 ’ required setbacks , landscape screening and strategic location as to promote good stewardship with the surrounding neighborhoods Specific Land Uses APPLICANT Electrical substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install Class B landscaping buffer Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire Mr Newton noted the special use conditions for the Board and offered to answer any questions Property Owner Carolyn Reaves stated the applicants have assured them that they will maintain the site and the use would not be harmful to the nearby residents 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 20 - 13 Decision on Special Use Case 20 - 13 Case 20 - 13 To allow for an electrical substation Owner Carolyn Y Reaves Applicant Chuck Richardson South River EMC Based on the following findings of facts and special use conditions , Commissioner Patrick E Harris moved the Board authorize the Planning Department to issue a special use permit for Case 20 - 13 to allow for an electrical substation on 111 acres of a 16204 acre tract located in the 1800 block of NC Hwy 242 in the Banner Township Commissioner Chad M Stewart seconded the motion , which carried unanimously Commissioner Butch Lawter not voting Findings of Facts 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The proposed substation is located at the rear of the overall property to maximize the screening , safety and minimize the views from the roadway and adjacent neighborhoods Security fence will be provided around the entire facility to enhance the public safety and general welfare of the surrounding community This substation will provide a much needed reliability of the electrical infrastructure for the neighborhood and surrounding community being served by the South River EMC The development will be required to undergo site plan review to ensure all applicable development regulations are followed 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 proposed substation design meets all of the required Land Development Code requirements for setbacks , screening and location The project will be located as to provide maximum amount of sight distance and reduce any negative impacts to the area The substation will provide much needed reliability of electrical infrastructure for the neighborhood andPage3558 September 8 , 2020 – 6 00 pm Continued surrounding community being served by the South River EMC 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 substation project is being proposed to provide more reliability to the electrical infrastructure of the surrounding area and help with the ever growing demands of that region 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 use conforms with the physical development policies of Johnston County and meets all requirements of the Development code The use will provide much needed electrical infrastructure in the area and allow for the development of new and existing development which may diversify the economy and enhance quality of life The design includes 20 ’ required setbacks , landscape screening and strategic location as to promote good stewardship with the surrounding neighborhoods Specific Land Uses APPLICANT Electrical substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install Class B landscaping buffer Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire 4 Planning Activity Report Planning Director Braston Newton briefly updated the Board on the activities within the Planning Department Mr Newton stated he anticipates having a recommendation for the Board to consider at their th October 5 meeting to select a consultant for assistance with updating the Comprehensive Land Use Plan 5 Manager Reports and Comments A Interlocal Agreement with the Town of Four Oaks Per the request of staff , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board approved the following interlocal agreement between the County and the Town of Four Oaks setting forth the terms regarding the administration of grants for water and sewer to serve the Broad River Retail Ashley Furniture building located in Four Oaks along Interstate 95 THIS AGREEMENT , made and entered into this the ____ day of ____________________ , 2020 , by and between Town of Four Oaks , North Carolina , a municipal corporation , organized and existing under the laws of the State of North Carolina hereinafter referred to as “ TOWN ” and Johnston County , a body politic organized and existing under the laws of the State of North Carolina hereinafter referred to as “ COUNTY ” for the purpose of setting out the terms by which the Town and County will administer grants for water and sewer to serve Broad River Retail , LLC ; WITNESSETH WHEREAS , under Article 20 of Chapter 160A of the North Carolina General Statutes , as amended the “ Interlocal Act ” , municipalities and counties are authorized to enter into interlocal cooperation undertakings with other local governments for the joint exercise of any power , function , public enterprise , right , privilege , or immunity of local governments in North Carolina ; and WHEREAS , the location of Broad River Retail , LLC Town of Four Oaks , Johnston County Regional Retail Center requires the extension of Johnston County water and Town of Four Oaks sewer infrastructure to Broad River Retail , LLC’s site ; and WHEREAS , the following grants totaling 3,000,000 have been awarded to assist project financing Johnston County - 500,000 Golden LEAF Economic Catalyst ; Town of Four Oaks - 1,000,000 Small Cities Community Development Block Grant - Economic Development CDBG - ED ; and Johnston County Town of Four Oaks - 1,500,000 Economic Development Administration EDA , US Department of Commerce ; and WHEREAS , the Town and County desire to set out the terms by which they will administer grants for water and sewer infrastructure which will serve Broad River Retail , LLC ARTICLE IPage4559 September 8 , 2020 – 6 00 pm Continued FUNDING A County obligations 1 The County shall be responsible to provide a 16 ” water main extension approximately 6,800 LF from US Hwy 701 to the Broad River Retail site hereinafter “ water project ” 2 The County shall be responsible to procure and contract for any necessary technical , land acquisition , construction and project administration services to complete the water project 3 Upon completion of construction and final certification , the County will own , operate and maintain facilities constructed as part of the water project B Town obligations 1 The Town shall be responsible to provide approximately 3,200 LF of 8 ” gravity sewer , a duplex wastewater pump station , approximately 5,000 LF of 6 ” force main in order to provide sewer to the Broad River Retail site hereinafter “ sewer project ” 2 The Town shall be responsible to procure and contract for any necessary technical , land acquisition , construction and project administration services to complete the sewer project 3 Upon completion of construction and final certification , the Town will own , operate and maintain facilities constructed as part of the sewer project The County and Town agree to equally divide the 3,000,000 in grant funding between the County and the Town The County and Town further agree to equally divide costs for the water project and sewer project application and administration services ; land acquisition and land acquisition services ; engineering and other technical services required for project design ; and construction services for the water and sewer projects The water project and sewer project costs shall not include any pump and haul costs or delay costs or claims against the Town and or County ARTICLE II CONTRACTS , APPROVALS AND ADMINISTRATION A Contracts Approval Project contracts , water or sewer , to be paid in part using EDA grant funds will be jointly executed by the County and Town Contracts procured by the County will first be approved by the County , then approved by the Town Contracts procured by the Town will first be approved by the Town , then approved by the County B Project Administration The County shall provide project construction administration and observation for the water project , and the Town shall provide project construction administration and observation for the sewer project The County authorizes the Town to approve sewer project construction contract change orders , and the Town authorizes the County to approve water project construction contract change orders The County and Town will each execute an EDA Acceptance Report for the major water and sewer project contracts C Grant administration Skip Green and Associates the “ Administrator ” will serve as the principal grant administrator for the following grants Golden LEAF received by the County , CDBG - ED received by the Town , and EDA jointly received by the County and Town D As an EDA administration condition , the County and Town have designated the County to serve as the Lead EDA Grant Recipient In this capacity , the County’s responsibilities include design , construction , financial and reporting for the water and sewer projects The County’s financial responsibilities include receiving reimbursements from EDA , then disbursing grant funds to the Town E Financing , drawdown of grant funds The County and Town will incur and initially pay for project activities using local funds The County and Town will submit invoices payment requests with evidence of payment to the Administrator th by the 15 day of each month Based on invoices , the Administrator will prepare Golden LEAF , CDBG - ED and EDA grant reimbursements as per individual grant program requirements ARTICLE III MISCELLANEOUSPage5560 September 8 , 2020 – 6 00 pm Continued A LIMITATION OF LIABILITY AND NO THIRD PARTY RIGHTS This Agreement does not and is not intended to confer any rights or remedies upon any person other than the signatories , and no party hereto shall be liable under this Agreement to any third party Neither party shall be liable for failures of the facilities of the other party that are subject to this Agreement B FORCE MAJEURE It shall not be considered a breach of this contract and neither the TOWN nor the COUNTY shall not be responsible for an inability to perform or any delays , damages , costs , expenses , liabilities or other consequences that may arise as a result of force majeure A “ force majeure ” is defined as any event arising from causes beyond the reasonable control of the TOWN or COUNTY , including but not limited to fire , flood , acts of God , terrorism , war , natural disaster , tornado , hurricane , civil strikes or labor disputes , riots , pandemics , system failure , broken pipes , or other actions causing an inability to perform beyond the reasonable control of the TOWN or COUNTY A failure to perform due to a force majeure shall be remedied with all possible dispatch but shall not constitute a breach so long as such remedy is diligently being pursued C METHOD OF AMENDMENT This Agreement may be amended by the parties by Resolution approving the amendment adopted by each of their respective boards Amendments shall be made in writing and shall be deemed incorporated into this Agreement if attached to the original and executed with the formalities required by law as an amendment hereto D UNENFORCEABILITY If any provision of this Interlocal Agreement is held to be illegal , invalid or unenforceable under any present or future laws , such provision shall be severable and the remainder of this Interlocal Agreement shall continue in full force an effect E TRANSFER OR ASSIGNMENT Neither the TOWN nor the COUNTY may assign its rights or obligations under this Agreement , or sub - contract any part of this Agreement , without prior written approval from the other party F MEDIATION Any claim , dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party The Parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions , and NCGS Sect 7A - 381 c except as specifically provided otherwise herein The parties shall share the mediator’s fee and any filing fees equally The mediation shall be held in Johnston County , unless another location is mutually agreed upon Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof G GOVERNING LAW This Interlocal Agreement is made in Johnston County , shall be governed by and construed in accordance with the law of the State