October 5, 2020 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 593 Meeting of the Johnston County Board of Commissioners October 5 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 5 , 2020 at 6 00 pm in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , 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 , Patrick E Harris , and RS “ Butch ” Lawter , Jr 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 1 Announcement Regarding Appointments to the Johnston County Tourism Authority Chairman Ted G Godwin stated the Board utilized written ballots at the 10 00 am meeting for the Tourism Authority appointments and those votes have been tallied and certified Chairman Godwin announced the following individuals were appointed to the Tourism Authority for three year terms to expire on October 31 , 2023 WE Bud Andrews and Jeff Jennings were appointed Michael Paul Boucher and Rick Childrey were reappointed 2 Announcement Regarding Withdrawn Rezoning Cases Chairman Ted G Godwin announced that the following rezoning cases had been withdrawn by the applicants and would not be heard Case 20 - 04 - Petition to rezone a 2814 acre tract located at 12330 NC Hwy 210 in the Pleasant Grove Township from Agricultural Residential - Interstate Highway Interchange AR - IHI to Interstate Highway Interchange - Special Use District IHI - SUD Tax ID 13E05008 Owner McGee’s Land LLC Applicant VHB Engineering NC , PC Case 20 - 08 - Petition to rezone 335 acres located in the 6100 block of NC Highway 42 in the Cleveland Township from Agricultural Residential AR and General Business GB to General Business - Special Use District GB - SUD with an Interstate Highway Interchange IHI overlay Tax ID 06D01009 , 06D01008B , 06D01008D Owner Patricia Maynard , Paulette Slayton , Highway 42 Associates , LLC , George Mast Applicant Stocks Engineering , PA Kevin Varnell Case 20 - 16 - Petition to rezone two 93 acre lots located at 10100 and 10128 NC 96 S in the Meadow Township from Agricultural Residential AR to Resort Residential RR Tax ID 09H16002C & 09H16002D Owner Mary Ann Hill Applicant Mary Ann Hill 3 Public Comment A CubeSat Team – Satellite Build Ms Angela Jenkins , Teacher at Smithfield - Selma High School , introduced Johnston County and North Carolina’s first CubeSat Team and brought the students forward to talk about their upcoming satellite build project Students from the CubeSat Team spoke to the Board of Commissioners and informed them that theyPage594 October 5 , 2020 – 6 00 pm Continued have been selected by NASA to travel to Florida and learn to build a mini - satellite and have it launched into space The students spoke on this once in a lifetime opportunity to represent Johnston County and the State of North Carolina on a national level Students reported the CubeSat Team is made up of 22 students primarily from Smithfield - Selma High School ; however , there are also students on the team from other Johnston County schools Members from the CubeSat Team explained their project and stated they are seeking financial assistance to build the satellite and travel to Florida to meet with NASA later in the month The cost of the trip is 15,000 and the students requested the Board of Commissioners to consider allocating funds to help them travel to NASA Team Members spoke on how this would be the first project of its kind by students in North Carolina and stated they will be working with NASA engineers and learning new methods of technology as they build their program Chairman Ted G Godwin and Commissioners commended the team members on their presentation and proposed project Commissioner Tony Braswell commended Ms Jenkins for her work with the students stating she is a dedicated leader Commissioner Jeffrey P Carver spoke on the Nan Ogburn Cullman Education Endowment and how this proposal is just the type of project that the endowment was created for Commissioner Carver stated although the request comes out of cycle for the endowment , he is going to seek permission to fast track it and possibly contribute up to 10,000 towards the project Following discussion , upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to allocate 8,500 towards the CubeSat trip to Florida , subject to the off - cycle 10,000 contribution from the Nan Ogburn Cullman Education Endowment , and further that if the off - cycle endowment contribution cannot be obtained then the County will provide the full 15,000 to fund the cost of the trip The Board wished the team well as they travel to Florida and asked them to come back and report on the project when it is completed Ms Jenkins thanked the Board of Commissioners for their support and noted that NASA only invited two teams , North Carolina and Nebraska , to Florida and just getting the invitation was unprecedented B Reid Stephenson – Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with an update on the sales , commercial activity , and events happening at Flowers Plantation Mr Stephenson spoke on the new Publix that will be opening in the fall as well as the recent donation by Rebeca Flowers of the former Pineville Club to the YMCA of the Triangle to expand service into Johnston County Mr Stephenson stated the facility will be known as the East Triangle YMCA Mr Stephenson provided the Board with an information packet on the update and offered to answer any questions The Board thanked Mr Stephenson for the information 4 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – September 25 and October 2 , 2020 ; The Johnstonian News and The News in Review – September 23 and 30 , 2020 Certified letters were mailed to adjoining property owners on September 21 , 2020 Notices were posted at the locations on July 6 , 2020 for Case 20 - 07 ; and August 5 , 2020 for Cases 20 - 17 , 20 - 18 , and 20 - 19 The Chairman opened the Rezoning Hearing for Case 20 - 07 Case 20 - 07 Petition to rezone 10376 acres located in the 1200 block of New Bethel Rd in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 05E01199B , 05E01199A , 05E01008 , 05F02199M , 05E01199 , 05F02199 , 05F01199R Owner Madge Johnson Jones Trust & Claude Trotter Jr Applicant Site Development Charles WalkerPage595 October 5 , 2020 – 6 00 pm Continued Planning Director Braston Newton stated the petition is to rezone 10376 acres located in the 1200 block of New Bethel Road in the Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use request associated with the rezoning is to allow for Planned Development Housing Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as Interstate Highway Interchange – Special Use District for mixed use development 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 New Bethel Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement He stated New Bethel Road is a dead - end road that was bisected by the interstate years ago Mr Newton stated staff recommendation was for denial Steven Carson , Bateman Civil Survey Company , 2524 Reliance Ave , Apex , submitted the following presentation for the Board’s consideration Mr Carson reviewed the information with the Board Mr Carson noted the location of the subject site on the following map for the Board and stated the proposed community fits in with other communities in the area Page596 October 5 , 2020 – 6 00 pm Continued Charles Walker , Entitlement Preservation Group , representing the developer , Site Investments , addressed the Board Mr Walker stated the proposal is within a designated Primary Growth Area on the County’s Comprehensive Land Use Plan , which has a higher density mixture of housing styles and units Mr Walker reviewed the following information with the Board and stated they are proposing 467 townhomes and the proposed open space is four times the required amount He stated the subject site is located within an Environmentally Sensitive Area ESA bordered by Swift Creek and out of the 126 acres of project , there is approximately 35 acres of flood plain for Swift Creek He stated if the proposal is approved they would bring forward new economic development that does not currently exist PagePage pageNumber5597 October 5 , 2020 – 6 00 pm Continued Mr Walker presented the following results of a community forum for the proposed project and continued with the presentation by reviewing the different proposed styles of housing that would be offered PagePage pageNumber6598 October 5 , 2020 – 6 00 pm Continued Mr Walker stated they are proposing 467 total units consisting of 44 single - family lots of two different sizes , 161 townhomes with garages and 262 townhomes without garages He stated they are planning for amenities to include a pool with recreation center , a fenced in play area with play equipment , an open play area with a soccer goal , and approximately one mile of pedestrian walking trails He stated stormwater is a large component of the project simply because of its location and they will meet all associated rules and regulations for stormwater Mr Walker reviewed the proposed site plans with the Board PagePage pageNumber7599 October 5 , 2020 – 6 00 pm ContinuedPagePage pageNumber8600 October 5 , 2020 – 6 00 pm Continued Drew Draper of Wetherill Engineering reviewed the following information with the Board as it relates to transportation Mr Draper stated they completed a Traffic Impact Analysis TIA earlier in the year and collected data at several intersections in the area He stated the TIA was submitted in March of 2020 to the North Carolina Department of Transportation Congestion Management Division and the DOT District Office , which approved the TIA with recommendations He stated within the TIA the recommendations included a new traffic signal at New Bethel and Cornwallis Roads along with new dedicated turn lanes as well as extending existing turn lanes Mr Draper reviewed the following information with the Board regarding additional improvements and a supplemental analysis At the inquiry of Chairman Ted G Godwin , Mr Draper confirmed that all of the units would ingress and egress from New Bethel Road Upon a question by Commissioner Jeffrey P Carver , Mr Walker stated there was a numerical discrepancy and the actual area of the combination of all seven tracts is 126 acres He stated the 103 acres is the totality of the McLamb Property , but there is one other tract consisting of 22 acres owned by Claude Trotter He stated the Trotter property is included on the plans Mr Walker stated the density is 35 units per acre PagePage pageNumber9601 October 5 , 2020 – 6 00 pm Continued Commissioner Carver commented on the density given the one access point Mr Walker stated the density and the one access point was also a concern of the Planning Board which is why they spent extra time trying to improve the interchange and going above and beyond what the TIA calls for Commissioner Carver spoke on his concerns with the access point and what could happen if there is an emergency and fire or EMS trucks could not get to all the homes Upon questions by Commissioner Butch Lawter , Mr Walker stated he thinks that less than 200 homes currently access New Bethel Road Cornwallis Road and they propose to add 467 with this development Mr Walker reviewed the planned densities on the site with the Board as well as the types of proposed neighborhoods Commissioner Lawter stated his concerns are the different types of proposed neighborhoods are not quite the same from what is already there Commissioner Lawter also expressed concerns that the development would be more than doubling the number of homes in roughly the same area on much smaller lots Mr Walker stated the densities are necessary in order to pay for the infrastructure upgrades for water , sewer , and transportation Commissioner Lawter questioned the proposed open space required and asked for a definition of non - regulatory open space versus regulatory Mr Walker stated the regulatory open spaces consist of wetlands , floodways , flood plains , and riparian buffers that are regulated by law He stated the other non - regulatory open spaces would include the trails , play areas , and other amenities Planning Director Braston Newton reported with regards to open space , qualifying open space excludes riparian buffers , wetlands , and floodways which cannot be calculated for the required open space Mr Carson continued with the presentation noting that the Planning Board recommended denial with one of the reasons being that the development does not improve connectivity with one access location Mr Carson stated the TIA has been revised to address connectivity concerns ; however , they only have one option at New Bethel Road for connectivity Page0602 October 5 , 2020 – 6 00 pm Continued Mr Carson concluded the presentation by stating there was no opposition at the Planning Board meeting and he has spoken with several of the landowners to the east of the proposed site and their concern was the intersection of New Bethel and Cornwallis Roads He stated once the landowners learned that a traffic signal would be installed , they were satisfied Attorney Alex Atchison with Young , Moore and Henderson Attorneys of Raleigh , addressed the Board and stated he represents the landowner on the western border of the subject site Mr Atchison stated if the rezoning is approved , he would like to address the Board regarding specific items during the special use hearing ; however , his client does not object to the rezoning At the request of Chairman Godwin , Utilities Director Chandra Farmer reported that she does not know the total sewer request based on the number of planned units Ms Farmer stated if half of the units are planned for two bedrooms and the other half for three bedrooms then an estimate would be anywhere from 95,000 to 110,000 gallons per day of wastewater capacity based on 80 gallons per bedroom Ms Farmer stated the County’s existing available wastewater capacity in the current plant that has not been allocated , reserved , or permitted for another contract is 690,000 gallons per day She stated a plant expansion is currently in the permitting phase and once the permit is issued there would be another 2 million gallons per day Page1603 October 5 , 2020 – 6 00 pm Continued At the inquiry of Commissioner Tony Braswell , Ms Farmer stated the County recently abandoned a wastewater pump station downstream of the proposed project and installed a gravity line to a larger regional station on Cornwallis Road She stated the subject site would have to cross Swift Creek via a gravity line or a wastewater pump station and tie back into the existing facilities on the other side of the creek Upon questions by Commissioner Chad M Stewart , Ms Farmer stated the development’s impervious area would exceed 15 and the developer would be required to install stormwater attenuation measures Ms Farmer explained the different types of attenuation levels that could be required Tyler Probst , Bateman Civil Survey Company , spoke concerning the stormwater design for the proposed development Mr Probst stated the subject site is located within the ESA which limits the development to 15 impervious area and anything above that requires a pond Mr Probst spoke on the stormwater design and stated with a development of this size the volume of runoff as well as nutrient threshold will be attenuated in the ESA There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended denial of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Upon a question by Commissioner Braswell , Mr Newton stated staff recommended denial due to concerns with the planned density on New Bethel Road funneling directly to Cornwallis Road , which is already noted as a boulevard needing improvement on the transportation plan Mr Newton stated this is a tremendous amount of planned density and there are concerns over emergency access from New Bethel Road being that the shoulders are not very wide and there are already approximately 200 existing units being served in that area There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 07 Decision on Rezoning Case 20 - 07 Case 20 - 07 Petition to rezone 10376 acres located in the 1200 block of New Bethel Rd in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 05E01199B , 05E01199A , 05E01008 , 05F02199M , 05E01199 , 05F02199 , 05F01199R Owner Madge Johnson Jones Trust & Claude Trotter Jr Applicant Site Development Charles Walker Commissioner Butch Lawter stated he does not believe the proposed use is in the public interest because there are already 200 existing units in the area , there are concerns with public safety regarding emergency response and access issues , and he has not heard that the impact will be positive to the adjoining properties Commissioner Lawter moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 20 - 07 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 07 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED 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 as to whether the amendment is consistent 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 05E01199B , 05E01199A , 05E01008 , 05F02199M , 05E01199 , 05F02199 , 05F01199R located in the 1200 block of New Bethel Road in the Cleveland Township , from Agricultural Residential to Agricultural Residential - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny 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 adopt a statement describing why the adoption of the proposed amendment is not consistent with the Johnston CountyPage2604 October 5 , 2020 – 6 00 pm Continued Comprehensive Land Use Plan and updates and the Board considers the proposed amendment not 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 not 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 not consistent with the Comprehensive Land Use Plan in that it does not align with Objective 1B , in that it does not promote higher density development in areas already dense and does not promote efficient use of infrastructure utilities in that there is no existing sewer line near this site and capacity at the wastewater treatment facility are low Additionally , the Land Development Code , Section 257 j 2 states that Planned developments shall not create “ significant traffic in residential neighborhoods outside the development ” 2 This Board finds and determines that it is not reasonable and not in the public interest to adopt the proposed amendment because a The proposed development will adversely impact the movement of traffic through adjacent development , and cause added congestion to a boulevard already needing improvement In addition , wastewater infrastructure serving the area does not have adequate capacity to serve the proposed development th Adopted this the 5 day of October , 2020 The Chairman reopened the Rezoning Hearing for Case 20 - 17 Case 20 - 17 Petition to rezone 10 acres located at 13515 Cleveland Rd in the Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06D01052 Owner Douglas Bailey Applicant Mark Bailey Planning Director Braston Newton stated the petition is to rezone 10 acres located at 13515 Cleveland Road in the Cleveland Township from Agricultural Residential to General Business - Special Use District Mr Newton stated the special use request associated with the rezoning is to allow for an insurance agency Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as Agricultural Residential – Special Use District and used for multi - family The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion of Cleveland Road is 8,300 vehicles per day as of 2017 and this portion of Cleveland Road appears on the Comprehensive Transportation Plan as a boulevard needing improvement Applicant Mark Bailey , 6239 Zack’s Mill Road , stated he is the owner of Bailey Insurance Agency and he would like to expand his business to the subject site Mr Bailey stated this was his home place and after his father passed away he did not want to sell the site and would like to open an insurance office there Upon questions by Chairman Ted G Godwin and Commissioner Tony Braswell , Mr Bailey stated he would still keep his office in Clayton and this would be an additional location Mr Bailey stated there is very little office traffic and most of his business is done over the phone or online 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 - 17 Decision on Rezoning Case 20 - 17 Case 20 - 17 Petition to rezone 10 acres located at 13515 Cleveland Rd in the Cleveland Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06D01052 Owner Douglas Bailey Applicant Mark BaileyPage3605 October 5 , 2020 – 6 00 pm Continued Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 17 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 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 § 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 06D01052 located at 13515 Cleveland Road , in the Cleveland Township , from Agricultural Residential to General Business - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners 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 General Business - Special Use District GB - SUD Adopted this the 5th day of October , 2020 The Chairman opened the Special Use Hearing for Case 20 - 17 Case 20 - 17 To allow for an Insurance Agency Owner Douglas Bailey Applicant Mark Bailey Those wishing to speak on Special Use Case 20 - 17 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 insurance agency 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 - 17 on May 7 , 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 Page4606 October 5 , 2020 – 6 00 pm Continued ? 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 August 18 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 17 and made the following recommendations Upon a motion by Mr Caldwell to approve Rezoning Case 20 - 17 as requested , seconded by Ms Byrd , Rezoning Case 20 - 17 was approved as requested by a unanimous vote of 7 - 0 at the August 18 , 2020 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 20 - 17 as written , seconded by Ms Holmes , the Special Use Conditions for Rezoning Case 20 - 17 were approved as requested by a unanimous vote of 7 - 0 at the August 18 , 2020 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The requested special use zoning will not present negative effects with the proposed intended use Insurance agencies are low impact for highway traffic as well as foot traffic I currently have an Agency in downtown Clayton and we have approximately 5 clients coming to our office per week Our business is mainly operated through our online platform The office will have a maximum of 3 employees and the current structure foot print will not change A handicap ramp will be added to meet ADA standards 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 business requesting a special use will comply and meet all county , state and federal regulations to operate the business 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 proposed use will have no negative effect to the adjoining property owners or the surrounding area Property values will have no effect by the change in use The property is within 550 feet of property already zoned SUD and that property extends approximately a half mile on Cleveland Rd Also , by having a local independent insurance agency in the area with the expediential growth gives residents an opportunity to have an agency in close proximity I was born and raised on Cleveland Rd in this home that is subject to be rezoned since 1988 After the passing of my father in March of this year I decided I didnt ’ ant to sell the home or rent it out With a successful business in Clayton I am planning on expanding to the Cleveland community 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The subject property will be a great asset to the community of Cleveland The need for local business is needed in the Cleveland community to keep up with the massive growth in this area Specific Land Uses APPLICANT Insurance Agency Special Use Conditions 1 Permitted Uses Insurance Agency 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 development must comply with rules enforced by Federal , State and Local agencies 5 Hours of operation shall be Monday through Saturday , 6 00 am until 9 00 pm 6 Signage must comply with the County’s sign code limited to one 60 sq ft ground or monument sign only 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 NCDOT driveway permit required Mr Newton noted the special use conditions for the Board and offered to answer any questions Applicant Mark Bailey , 6239 Zack’s Mill Road , confirmed that he understands the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 20 - 17 Page5607 October 5 , 2020 – 6 00 pm Continued Decision on Special Use Case 20 - 17 Case 20 - 17 To allow for an Insurance Agency Owner Douglas Bailey Applicant Mark Bailey Based on the following findings of facts and special use conditions , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 20 - 17 to allow for an insurance agency on 10 acres located at 13515 Cleveland Road in the Cleveland Township Commissioner Larry Wood seconded the motion , which carried unanimously Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The special use zoning will not present negative effects with the proposed intended use Insurance agencies are low impact for highway traffic as well as foot traffic The business is mainly operated through an online platform The office will have a maximum of three employees and the current structure footprint will not change A handicap ramp will be added to meet ADA standards The property is located within a primary growth area and is compatible with surrounding land uses and zoning 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 business will comply and meet all county , state and federal regulations to operate the business 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 proposed use will have no negative effect to the adjoining property owners or the surrounding area The property is located in a primary growth area and within 550 feet of property already zoned SUD which extends approximately a half mile on Cleveland Road 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 general plans for the physical development of the County’s planning jurisdiction , Design Manual , and other policies as adopted by the Board The use is consistent with the comprehensive land use plan and is located within a primary growth area Specific Land Uses APPLICANT Insurance Agency Special Use Conditions 1 Permitted Uses Insurance Agency 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 development must comply with rules enforced by Federal , State and Local agencies 5 Hours of operation shall be Monday through Saturday , 6 00 am until 9 00 pm 6 Signage must comply with the County’s sign code limited to one 60 sq ft ground or monument sign only 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 NCDOT driveway permit required The Chairman reopened the Rezoning Hearing for Case 20 - 18 Case 20 - 18 Petition to rezone 1 acre of a 51 acre lot located at 11832 Cleveland Road in the Cleveland Township from Agricultural Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 06E02014B Owner Peggy Williams Applicant Burns & McDonnell Angeline Crowder & Piedmont Gas Planning Director Braston Newton stated the petition is to rezone 1 acre of a 51 acre lot located at 11832 Cleveland Road in the Cleveland Township from Agricultural Residential to Industrial 1 - Special Use District Mr Newton stated the special use request associated with the rezoning is to allow for a natural gas transmission pipeline regulator station Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as an elementary school The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion of Cleveland Road is 16,000 vehicles per day as of 2017 and this portion of Cleveland Road appears on the Comprehensive Transportation Plan as a boulevard needing improvement Angeline Crowder speaking on behalf of the applicant , Burns & McDonnell , stated the proposed project is necessary because of the Department of Transportation Hwy 42 widening project which requires the relocation of the existing pipeline in turn necessitating the relocation of the regulator station Page6608 October 5 , 2020 – 6 00 pm Continued 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 - 18 Decision on Rezoning Case 20 - 18 Case 20 - 18 Petition to rezone 1 acre of a 51 acre lot located at 11832 Cleveland Road in the Cleveland Township from Agricultural Residential AR to Industrial 1 - Special Use District I1 - SUD Tax ID 06E02014B Owner Peggy Williams Applicant Burns & McDonnell Angeline Crowder & Piedmont Gas Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 18 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 18 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 06E02014B located at 11832 Cleveland Road in the Cleveland Township 1 acre of 51 acre tract , from Agricultural Residential AR to Industrial 1 - 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 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 Industrial 1 – Special Use District I1 - SUD th Adopted this the 5 day of October , 2020 The Chairman reopened the Special Use Hearing for Case 20 - 18 Case 20 - 18 To allow for a natural gas transmission pipeline regulator station Owner Peggy Williams Applicant Burns & McDonnell Angeline Crowder & Piedmont Gas Those wishing to speak on Special Use Case 20 - 18 were sworn in by the Clerk to the Board Page7609 October 5 , 2020 – 6 00 pm Continued Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a natural gas transmission pipeline regulator station 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 - 18 on January 14 , 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 August 18 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 18 and made the following recommendations Upon a motion by Mr Caldwell to approve Rezoning Case 20 - 18 as requested , seconded by Ms Hackler , Rezoning Case 20 - 18 was approved as requested by a unanimous vote of 7 - 0 at the August 18 , 2020 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 20 - 18 as requested , seconded by Mr Creech , the Special Use Conditions for Rezoning Case 20 - 18 were approved as requested by a unanimous vote of 7 - 0 at the August 18 , 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 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 Natural gas transmission pipeline regulator station 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 Angeline Crowder speaking on behalf of the applicant , Burns & McDonnell , confirmed that they understand the special use conditions as proposed Page8610 October 5 , 2020 – 6 00 pm Continued 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 - 18 Decision on Special Use Case 20 - 18 Case 20 - 18 To allow for a natural gas transmission pipeline regulator station Owner Peggy Williams Applicant Burns & McDonnell Angeline Crowder & Piedmont Gas Based on the following findings of facts and special use conditions , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 20 - 18 to allow for a natural gas transmission pipeline regulator station on 1 acre of a 51 acre lot located at 11832 Cleveland Road in the Cleveland Township Commissioner Tony Braswell seconded the motion , which carried unanimously 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 development is well - planned in that it minimizes residential - agricultural use conflicts while providing a necessary public service 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 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 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 proposed development is well - planned in that it minimizes residential - agricultural use conflicts while providing a necessary public service 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 development conforms with the general plans for the physical development of the County’s Planning jurisdiction in that it minimizes residential agricultural use conflicts while providing a necessary public service The proposed substation project 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 Natural gas transmission pipeline regulator station 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 The Chairman reopened the Rezoning Hearing for Case 20 - 19 tabled until November Case 20 - 19 Petition to rezone a 2 acres of a 4661 acre tract located at 1924 Stewart Rd in the Ingrams Township from Agricultural Residential AR to General Business GB Tax ID 08J12029 Owner Tony Delmon Lee Applicant Glandon Forest Equity It was determined that the applicant was not present for Case 20 - 19 There being no public comments , the Chairman closed the public hearing Page9611 October 5 , 2020 – 6 00 pm Continued Commissioner Jeffrey P Carver moved the Board table Case 20 - 19 until the November 2 , 2020 6 00 pm meeting Commissioner Larry Wood seconded the motion which carried by unanimous vote 5 Planning Activity Report Planning Director Braston Newton stated staff received three responses to the Request for Proposals for the update to the Comprehensive Land Use Plan He stated staff is recommending Nealon Planning for the project Mr Newton stated staff will be finalizing terms with regards to pricing and project scope this month and will bring back a formal recommendation to the Board Mr Newton updated the Board with regards to upcoming Planning Board meetings and noted the Planning Board is scheduled to look at 625 lots in October 6 Manager Reports and Comments A Public Utilities – Future Funding Opportunities for Capital Improvements Projects Utilities Director Chandra Farmer updated the Board concerning future funding opportunities for capital improvements projects Ms Farmer stated as the Board is aware , the water and sewer capital improvements plan for the next 20 years includes over 400 million in expenditures to meet growth needs She continued that historically , the County has used multiple funding strategies to fund these projects , which have included USDA loans , State Revolving Fund loans , Economic Development Administration grants , Community Development Block Grant funds , and cash on hand Ms Farmer stated staff is currently working with the County’s rate consultant and financial advisor to begin a more detailed funding strategy specifically focused on the next ten years Ms Farmer stated to date , the County has not utilized revenue bonds in the past for water and sewer projects , but staff is working on that process for the future Ms Farmer informed the Board of a new alternative for funding called the Water Infrastructure Financing and Innovation Act of 2014 WIFIA which established a federal loan program administered through the Environmental Protection Agency and offers low fixed interest rates and flexible financial terms She stated the program is designed to fund large scale projects with a 20 million minimum for large communities and will fund up to 49 of eligible project costs Ms Farmer stated the County’s proposed wastewater treatment plant expansion and associated wastewater transmission projects appear to be well suited for this type of funding She stated those projects alone make up 102 million of the capital improvements plan Ms Farmer stated the County has secured 55 million through the State Revolving Loan fund , but was denied for additional funding during the last round She stated while staff plans to reapply for the State Revolving Loan funding in the next round , staff would like to apply for funding through WIFIA Ms Farmer th reported a letter of interest is due on October 15 and does not commit the County but would allow for an opportunity to determine if it is a good option Ms Farmer stated staff plans to submit the letter of interest if there are no objections by the Board There were no objections by the Board Ms Farmer briefly updated and discussed with the Board the customer base numbers for retail water and sewer connections B Update on Capital Improvements Plan from the County Manager County Manager Rick Hester thanked the Board for meeting with him individually and in small groups recently regarding the rolling seven - year capital improvements plan for the General Fund Mr Hester stated the County is in very good financial condition and he would like to begin reserving funds over the next three years in an effort to look at land - banking options for school sites as well as open space and greenways for citizens Mr Hester reported the County will be planning for the final sale of the 2018 November bond referendum for education which includes 15 million for Johnston Community College and 21 million for Johnston County Schools Mr Hester also stated during the next bond rating visit , staff plans to seek a AAA bond rating Mr Hester stated the Detention Center project is now under construction and the County’s architect has begun preliminary engineering for Phase 2 of the Law Enforcement Center Mr Hester stated Moseley Architects would come back to the Board in the next couple of months to provide an update on Phase 2 and ask for approvals to move forward Mr Hester stated Phase 2 would house the Sheriff’s Office , 911 - Communications , and Emergency Services allowing for space in the courthouse to become open Mr Hester stated there have been preliminary discussions regarding the possibility of a future new campus for thePage0612 October 5 , 2020 – 6 00 pm Continued Department of Social Services and or a full Johnston County Government Complex He noted staff must also plan for needed renovations to the courthouse to accommodate the judicial system if departments were to move out of the courthouse Mr Hester concluded his remarks by stating staff is planning for another future school and community college bond referendum and he thinks that the Board of Education would like to hold a joint meeting with the Commissioners perhaps after the holidays Mr Hester reiterated that the County is in very good financial condition and there are a lot of options for the Board to consider moving forward Mr Hester also noted that during the next round of budget discussions , there may be an opportunity for the Board to evaluate and possibly lower the tax rate Commissioner Patrick E Harris thanked Mr Hester for his work as well as the work by Finance Director and Assistant County Manager Chad McLamb stating they have done a fantastic job managing the County Commissioner Harris thanked Mr Hester for his leadership and stated he looks forward to many great things 7 Board Reports and Comments Chairman Ted G Godwin briefly shared with the Board some of the comments received after the morning meeting with regards to some of the agenda items There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 8 00 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage