August 6, 2018 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 432 Meeting of the Johnston County Board of Commissioners August 6 , 2018 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 6 , 2018 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Jeffrey P Carver , Vice Chairman Ted G Godwin , Cookie Pope , Allen L Mims , Jr , Chad M Stewart , Larry Wood , and Lee Jackson 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 Jeffrey P Carver called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Citizen Concern – Backyard Chickens Anne Marie Wiwatowski , 162 Conner Drive , Clayton , addressed the Board and expressed her concerns regarding the keeping of chickens in backyards Ms Wiwatowski clarified she is not against the keeping of chickens ; however , she would like for the Board to adopt ordinances regulating the health and safety of such practices Ms Wiwatowski submitted to the Board an article from the Centers for Disease Control and Prevention titled “ Keeping Backyard Chickens and Other Poultry ” as well as summary frequently asked questions information from the Town of Cary’s Backyard Chicken Ordinance Ms Wiwatowski informed the Board of a situation in her subdivision where neighbors are keeping and slaughtering chickens in their backyard and she encouraged the Board to review the Town of Cary’s ordinance B Update from Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with an update regarding the new traffic signal currently being installed at the intersection of Buffalo Road , East Neuse River Parkway , and River Dell Townes Avenue which is at River Dell Elementary School Mr Stephenson stated the traffic signal will provide a much safer passage for children attending River Dell Elementary School and he thanked all those that had a part in the project C Citizen Concern – Development and Growth in McGee’s Crossroads Area Eileen Langdon , 7728 Raleigh Road , Benson , addressed the Board regarding development and growth in the McGee’s Crossroads area of Johnston County Ms Langdon asked the Board to consider undertaking an in depth comprehensive study which is offered by the University of Mount Olive and NC State University and measures the fiscal impact of development on a County’s main economic drivers Ms Langdon stated the County cannot manage what it cannot measure and the study would offer numbers showing exactly what the financial impacts , good and bad , potential development would have Ms Langdon noted the study does cost money ; however , there are grants available to pay for the cost She offered to meet with the County Commissioners and County Manager further to discuss the idea 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – July 27 and August 3 , 2018 Certified letters were mailed to adjoining property owners on July 23 , 2018 Notices were posted at the locations on June 4 , 2018 for Cases 18 - 11 ; 18 - 12 ; and 18 - 13 The Chairman opened the Rezoning Hearing for Case 18 - 11 Case 18 - 11 Petition to rezone 419 acres located on Cleveland Rd east of South Shiloh Rd in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E03022Z & 06G05004A Owner Arbutina Properties LLC Applicant Steven S Sanderson Interim Planning Director Matt Kirkland stated the petition is to rezone 419 acres located on Cleveland Road east of South Shiloh Road in the Cleveland Township from Agricultural Residential to General Business Page433 August 6 , 2018 – 6 00 pm Continued Mr Kirkland 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 residential and agricultural purposes ; General Business and used for a daycare , storage facility , and other businesses ; and General Business – Special Use District and used for multiple businesses 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 in the near term In addition , this site is located at a neighborhood center activity node Applicant Steven Sanderson , 105 Lake Drive , Wendell , stated they would like to rezone the property to be consistent with surrounding zonings and uses He offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland 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 18 - 11 Decision on Rezoning Case 18 - 11 Case 18 - 11 Petition to rezone 419 acres located on Cleveland Rd east of South Shiloh Rd in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E03022Z & 06G05004A Owner Arbutina Properties LLC Applicant Steven S Sanderson Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 11 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 11 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 parcels identified as tax Tag ID 06E03022Z and 06G05004A located on Cleveland Rd SR 1010 east of its intersection with South Shiloh Rd SR 1526 as shown on the attached Exhibit A , from Agricultural Residential to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment 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 Page434 August 6 , 2018 – 6 00 pm Continued 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business GB th Adopted this the 6 day of August , 2018 The Chairman reopened the Rezoning Hearing for Case 18 - 12 Case 18 - 12 Petition to rezone a 2152 acre tract located at the southeast corner of Polenta Rd and Matthews Rd in Cleveland Township The request is to change the zoning from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 06F04070L Owner Duke Energy Progress LLC Applicant Duke Energy Progress LLC Reuben Jones Interim Planning Director Matt Kirkland stated the petition is to rezone a 2152 acre tract located at the southeast corner of Polenta Road and Matthews Road in 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 an electrical substation Mr Kirkland stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes 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 Patrick Covil , representing Applicant Duke Energy Progress LLC , stated they have identified the proposed subject site for an electrical substation due to the growing demand for services in Johnston County and to be able to provide a more reliable power supply to customers There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland 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 18 - 12 Decision on Rezoning Case 18 - 12 Case 18 - 12 Petition to rezone a 2152 acre tract located at the southeast corner of Polenta Rd and Matthews Rd in Cleveland Township The request is to change the zoning from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 06F04070L Owner Duke Energy Progress LLC Applicant Duke Energy Progress LLC Reuben Jones Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 12 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 12 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 06F04070L located at the intersection of Polenta Road SR 1330 and Matthews Road SR 1509 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 ; 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 Page435 August 6 , 2018 – 6 00 pm Continued 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 nd Adopted this the 6 day of August , 2018 The Chairman opened the Special Use Hearing for Case 18 - 12 Case 18 - 12 To allow for an electrical substation Owner Duke Energy Progress LLC Applicant Duke Energy Progress LLC Reuben Jones Those wishing to speak on Special Use Case 18 - 12 were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to allow for an electrical substation Mr Kirkland 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 18 - 12 on April 30 , 2018 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 June 19,2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 12 and made the following recommendations Mr Smith made a motion to approve the Rezoning Petition for Case 18 - 12 , seconded by Ms Hackler and carried by a unanimous vote of 8 - 0 , Rezoning Case 18 - 12 was approved at the June 19th , 2018 Planning Board Meeting Mr Smith made a motion to approve the Special Use Conditions for Rezoning Petition for Case 18 - 12 , seconded by Mr Summerlin and carried by a unanimous vote of 8 - 0 , Special Use Conditions for Rezoning Case 18 - 12 were approved at the June 19th , 2018 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 proposed substation was sited by Duke Energy Progress DEP in response to load growth in Johnston County and will provide increased electric power capacity and reliability for residents 2 That the use of the 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 Typical maintenance visits to the substation are approx twice a month Utility facilities are allowed in AR zones provided a Special Use District is established Chapter 14 , Article II , Div 2 , c 1 The facility will be greater than 20 feet from all property lines and the apparatus will be enclosed by an 8 - foot high fence in accordance with the ordinance A stormwater permit will be sought from the County and an erosion control permit will be sought from the State 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 ;PagePage pageNumber5436 August 6 , 2018 – 6 00 pm Continued Applicant DEP has identified the proposed substation as a public need through its site evaluation process The site will be designed with landscaping for the purposes of screening the equipment 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 proposed electrical substation increases reliability of electrical service to existing development and facilities further development according to the County’s strategic plan Since the facility is not occupied , it does not create the typical associated need for services 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 Kirkland listed and reviewed the special use conditions with the Board Patrick Covil , representing Applicant Duke Energy Progress LLC , requested the Board to consider approving the special use permit with two changes to the proposed special use conditions He asked the Board to revise Condition # 5 to change the landscaping buffer from a Class B to a Class A along the southern property border with no trees within 150 ’ of the transmission line He noted the property adjacent to the southern border is undeveloped agricultural land Mr Covil also asked the Board to revise Condition # 6 to delete “ screen ” from the condition noting it is a safety concern for their employees who visit the site Mr Covil stated to address any screening concerns they plan to install a 3 ’ berm along the northern line in addition to the landscaping buffer to screen the property from the northern neighbors He noted the substation would be positioned more than 200 ’ from all property lines There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland 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 Mr Kirkland stated staff has no concerns with the revisions to the special use conditions as requested by Mr Covil There being no further comments , the Chairman recessed the Special Use Hearing for Case 18 - 12 Decision on Special Use Case 18 - 12 Case 18 - 12 To allow for an electrical substation Owner Duke Energy Progress LLC Applicant Duke Energy Progress LLC Reuben Jones Based on the findings of facts and revised special use conditions changing conditions # 5 and # 6 as requested by the applicant and listed below , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 12 to allow for an electrical substation on a 2152 acre tract located at the southeast corner of Polenta Road and Matthews Road in Cleveland Township Commissioner Allen L Mims , Jr seconded the motion which carried by unanimous vote 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 proposed substation was sited by Duke Energy Progress DEP in response to load growth in Johnston County and will provide increased electric power capacity and reliability for residents 2 That the use of the 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 Typical maintenance visits to the substation are approx twice a month Utility facilities are allowed in AR zones provided a Special Use District is established Chapter 14 , Article II , Div 2 , c 1 The facility will be greater than 20 feet from all property lines and the apparatus will be enclosed by an 8 - foot high fence in accordance with the ordinance A stormwater permit will be sought from the County and an erosion control permit will be sought from the State 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 ;PagePage pageNumber6437 August 6 , 2018 – 6 00 pm Continued Applicant DEP has identified the proposed substation as a public need through its site evaluation process The site will be designed with landscaping for the purposes of screening the equipment 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 proposed electrical substation increases reliability of electrical service to existing development and facilities further development according to the County’s strategic plan Since the facility is not occupied , it does not create the typical associated need for services 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 a Class A landscaping buffer along the southern property boundary line with no trees within 150 ft of the transmission line Install Class B landscaping buffer along remaining property lines Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ fence topped with barbwire The Chairman reopened the Rezoning Hearing for Case 18 - 13 Case 18 - 13 Petition to rezone 4002 acres out of an 8803 - acre tract located at 3919 Raleigh Road SR 1330 in Cleveland Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 06H07013C Owner Michael and Amanda McNulty Applicant Michael and Amanda McNulty Interim Planning Director Matt Kirkland stated the petition is to rezone 4002 acres out of an 8803 - acre tract located at 3919 Raleigh Road in Cleveland Township from Agricultural Residential to Community Business – Special Use District He noted the special use request associated with the rezoning is to allow for a community art center and single - family residential use Mr Kirkland stated the site is currently zoned Agricultural Residential and used for residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes 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 Applicants Michael and Amanda McNulty , 361 Annandale Drive , Clayton , addressed the Board Mr McNulty stated they are proposing a community art center and noted the property is listed on the historic registry and they intend to embrace that designation while opening the art center Mr McNulty stated they believe an art center would benefit the community Ms McNulty stated they plan to offer workshops , classes , and studio space rentals along with gardens , a gallery , and space the community could use for meetings Ms McNulty stated they hope to use the center as a bridge to building a relationship with the community Maureen Hammond , 407 Grant Lane , Clayton , spoke in support of the rezoning and stated the proposed use would be highly beneficial to have in the community Ms Hammond stated she has a non - profit gardening group and they would greatly benefit from the center Jonathan Breeden , 500 Avocet Lane , Clayton , spoke in support of the rezoning and stated the McNulty’s are good people and the community needs something like the proposed use There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 18 - 13 Decision on Rezoning Case 18 - 13 Case 18 - 13 Petition to rezone 4002 acres out of an 8803 - acre tract located at 3919 Raleigh Road SR 1330 in Cleveland Township from Agricultural Residential AR to Community Business – Special Use District CB - SUD Tax ID 06H07013C Owner Michael and Amanda McNulty Applicant Michael and Amanda McNultyPagePage pageNumber7438 August 6 , 2018 – 6 00 pm Continued Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 13 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 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 06H07013C located at 3919 Raleigh Road SR 1330 as shown on the attached Exhibit A , from Agricultural Residential AR to Community Business - Special Use District CB - SUD for a community art center and single - family residential use 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 ” found in the Comprehensive Land Use 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed zoning is compatible with surrounding land uses and zoning districts In addition , conditions such as limited hours of operation 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 Community Business – Special Use District CB - SUD nd Adopted this the 6 day of August , 2018 The Chairman reopened the Special Use Hearing for Case 18 - 13 Case 18 - 13 To allow for a community art center and single - family residential use Owner Michael and Amanda McNulty Applicant Michael and Amanda McNulty Those wishing to speak on Special Use Case 18 - 13 were sworn in by the Clerk to the Board Interim Planning Director Matt Kirkland introduced the special use case and stated the petition is to allow for a community art center and single - family residential use Mr Kirkland 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 18 - 13 on May 1 , 2018 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 PagePage pageNumber8439 August 6 , 2018 – 6 00 pm Continued ? 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 June 19,2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 13 and made the following recommendations Mr Smith made a motion to approve the Rezoning Petition for Case 18 - 13 , seconded by Mr Summerlin and carried by a unanimous vote of 8 - 0 , Rezoning Case 18 - 13 was approved at the June 19th , 2018 Planning Board Meeting Mr Smith made a motion to approve the Special Use Conditions for Rezoning Petition for Case 18 - 13 with the change in the hours from 6 00 am - midnight , Monday - Sunday , seconded by Ms Hackler and carried by a unanimous vote of 8 - 0 , Special Use Conditions for Rezoning Case 18 - 13 were approved at the June 19th , 2018 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 See attached 2 That the use of the 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 See attached 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 See attached 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 See attached Specific Land Uses APPLICANT To allow for a community arts center and single - family residential uses PagePage pageNumber9440 August 6 , 2018 – 6 00 pm Continued Special Use Conditions 1 Permitted Uses Community arts center and single - family residential uses 2 The Special Use Permit may be revoked 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 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36 sqft 7 Hours of operation shall be limited to Monday – Sunday 7 00am – 11 00pm 6 00 am – Midnight 8 Environmental Health regulations must be adhered to for any food preparation or sales 9 Any lighting will be engineered so as to be dark sky and not to shine on adjacent properties Items in bold recommended by Planning Board Mr Kirkland listed and reviewed the special use conditions with the Board , noting the changes recommended by the Planning Board Applicants Michael and Amanda McNulty , 361 Annandale Drive , Clayton , confirmed they are agreeable to the special use conditions as proposed At the inquiry of Commissioner Allen L Mims , Jr , Mr McNulty stated the reason for the midnight closing time is because if they have a late meeting that ends at 11 00 pm they would like the extra hour to allow time for cleanup There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Kirkland 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 18 - 13 Decision on Special Use Case 18 - 13 Case 18 - 13 To allow for a community art center and single - family residential use Owner Michael and Amanda McNulty Applicant Michael and Amanda McNulty Based on the findings of facts and special use conditions as listed below , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 13 to allow for a community art center and single - family residential use on 4002 acres out of an 8803 - acre tract located at 3919 Raleigh Road in Cleveland Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote 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 ;Page0441 August 6 , 2018 – 6 00 pm Continued Applicant See attached 2 That the use of the 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 See attached 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 See attached 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 See attached Specific Land Uses APPLICANT To allow for a community arts center and single - family residential uses Special Use Conditions 1 Permitted Uses Community arts center and single - family residential uses Page1442 August 6 , 2018 – 6 00 pm Continued 2 The Special Use Permit may be revoked 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 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet 6 All signage must comply with the sign code as stated in Section 14 - 509 , and shall be limited to 36 sqft 7 Hours of operation shall be limited to Monday – Sunday 6 00 am – Midnight 8 Environmental Health regulations must be adhered to for any food preparation or sales 9 Any lighting will be engineered so as to be dark sky and not to shine on adjacent properties 3 Cleveland Community Representatives – Proposed Parks and Recreation District Update Mr Denton Lee from the Cleveland Community updated the Board regarding a proposed parks and recreation district for the Cleveland area of Johnston County Mr Lee read from the following statement Thank you once again for allowing our community to address this Board regarding the recreational needs in the Cleveland Community First , we’d like to express our thanks to this Board for your support of our efforts to date , and for your unanimous support for House Bill 929 On June 20 , we were all stunned and dismayed that our representatives in the NC Senate allowed our bill to be pulled from consideration , despite an overwhelming majority vote in the NC House As we all know , this bill would have given this Board the authority to call for a non - binding referendum to gauge community support , in addition to the existing public hearing option , to create recreation service districts in the county under GS 153A - 302 We are sorry that our State Senate Representatives ignored your request to support this bill Thankfully , our dreams are bigger than our memories Despite that minor setback , nothing has changed the need for us to work together to address the essential need for passive parks , more and better recreation facilities , and preserving open space in our community If anything , the gap between what we have now and what we need grows more urgent every day As community leaders who sit here with you tonight , our resolve to address this issue has NOT waned but has in fact strengthened There is a huge outpouring of support for a recreation service district in the Cleveland Community and we urge you to consider helping us in this effort We know you support us and we know you want Cleveland to have this new service when you passed your resolution in support of HB 929 , you acknowledged 1 - That recreational facilities and programs benefit the public good and general welfare of our citizens , and 2 - That Johnston County is one of the fastest growing counties in the state , more than doubling the statewide growth rate since 2010 159 vs 77 , and 3 - That because of this growth , demand for recreational facilities and programs has increased Despite that growth and our increasing needs , we still have no publicly available passive parks , playgrounds , walking trails , or picnic tables , and an inadequate number of baseball , softball , soccer , and football fields , and gyms for basketball and volleyball We have more and more young people and adults every year unable to play organized sports and enjoy healthy outdoor activities in our community due to the limited number of facilities we have , and insufficient funding to even maintain what we do have Ladies and gentlemen , you have the power and all the legislative authority you need to fix this growing problem If we don’t start preserving open land now , when are we going to start Since Johnston County does not allocate general revenue tax dollars to recreation in the county , and it is impractical to do so , then we urge you to use your authority to create a recreation service district under GS 153A - 302 in the greater Cleveland Community , so we can tax ourselves to pay for the acquisition of land , development of passive parks and recreational facilities , and the maintenance of those facilities At the end of the day , the referendum that we all wanted would have only confirmed what we already know , that most Cleveland citizens support the idea of paying a small additional tax to have the benefit of passive parks and more recreational facilities , and decent bathrooms and parking at existing facilities Yes , we know you hear from the 25 who oppose the tax It seems they are often louder than the 75 who support it To give you even more confidence this is true , we present to you tonight resolutions adopted by major groups in the community The Greater Cleveland Chamber of Commerce , The Greater Cleveland Athletic Association , and the Cleveland Pop Warner Association Page2443 August 6 , 2018 – 6 00 pm Continued Our plans from the beginning called for us to create a non - profit corporation that would eventually manage the day - to - day operations of the new recreation service district We’re pleased tonight to announce to you that corporation has been formed and is operational It is called the Cleveland Community Parks and Recreation Association , Inc , and its mission is to acquire , develop , and maintain park and recreation facilities in the greater Cleveland area We hope one day we can contract with the County to provide these services in our community I’d like to recognize other board members of that organization who are here tonight Scott Janes , Linwood Jones , Michael Knott , and Don Wells These men are not strangers to you , and they represent just a small portion of the community leadership who are supporting this effort On June 29 this new Parks and Recreation board took its first official action by taking an option on a beautiful 82 - acre farm in the geographic center of the Cleveland Community , an ideal site for a community park We took that unusual step at great personal financial risk to preserve this land for the community until the service district is formed We will finalize purchase of that property before the end of this year , at a bargain price of 16 M for a tract of land easily worth 2 M Our Parks Board is so committed to see a park on that land that we have taken this financial risk to keep this land from developers , and we will hold this property for the community as long as we possibly can However , this land will be lost to the community if we do not have a revenue source to pay for it What a shame it would be if we cannot allow our citizens to have this land for public use and enjoyment To create a recreation service district under GS 153A - 302 you must answer 4 simple questions 1 Is there a demonstrable need 2 Is it impracticable to provide these services on a countywide basis 3 Is it economically feasible to provide the service without unreasonable annual tax levies 4 Is there a demonstrable demand for the services That’s it The answer to all 4 questions is obviously YES You have answered these same questions multiple times when you created fire districts across the county A recreation tax can be just as beneficial to citizens as a fire tax Parks will make our community an even more desirable place to live , and directly improve the value of our homes and businesses It is well documented that parks are an economic driver creating revenue and additional sales taxes for the County We can kick the can down the road ; or we can hope and wish the Legislature will do something ; or you can put in motion the process tonight to create a recreation service district for the greater Cleveland Community We can only hope this Board will see the long - term benefit for beginning the process now for preserving open space and building parks and will work with us to make this happen The fate of the land we have acquired , and the hopes and dreams of our community for future parks rests in your hands We appreciate your time and attention , and your service to the County We’ll be happy to answer any questions you might have Thank you At the request of Mr Lee , approximately 15 people stood in support of a parks and recreation district for the Cleveland community Upon a question by Commissioner Ted G Godwin , Mr Lee stated they recommend the proposed district boundaries to be the current McLemore Fire District boundaries Mr Lee stated based on their estimates , it would involve approximately 27,000 people Chairman Jeffrey P Carver stated the Board has supported the efforts of Mr Lee and his group and he regrets that HB 929 did not go through Chairman Carver commented that there has been more movement on this matter from the folks in the Cleveland Community in the last year than there has been in the previous 29 years and he does not want that momentum to end ; however , there are certain steps that the Board of Commissioners wants to take Chairman Carver reiterated that the Board supports the group’s efforts , but they also want the legislators to do what the Board has asked them to do At the request of Commissioner Chad M Stewart , County Attorney Jennifer Slusser briefly reviewed the process by which a service district is created under NCGS 153A - 302 , but she noted the biggest piece missing under this process is the voter referendum which had been a key factor for the Board of Commissioners Mr Lee stated the biggest push - back they got from the Legislature was that the County already had the authority to create a district under NCGS 153A - 302 , but this Board preferred to have a voter referendum which would have been allowed under HB 929 Mr Lee stated they are hopeful that the Board of Commissioners willPage3444 August 6 , 2018 – 6 00 pm Continued move forward with the process under NCGS 153A - 302 Mr Lee also stated they have reserved approximately 7,000 that could be used towards the mailing that would be required to all affected citizens under that process 4 Planning Activity Report Interim Planning Director Matt Kirkland presented the following Planning Activity Report for the month of July 2018 Monthly Activity Report – July 2018 CPB REZONINGS Proposed for July 2018 Special Use Straight Zoning Totals Approved 2018 Cases 2 2 4 17 Total Acres 184 276 46 25135 SUBDIVISIONS Approved Approved 2018 2017 Proposed Re - submittals Major Subdivisions 25 21 4 2 Total Lots 1,060 627 312 118 Total Acres 1,14359 7541 31278 13288 Open Space Acres 15652 13772 5637 6019 Fee - in - Lieu 286,400 129,600 24,000 - - - - Minors 90 116 Total Lots 156 178 Total Acres 36809 47859 Valid Lots 11,409 Adjustments 430 added , 149 removed never developed or recorded The Board thanked Interim Planning Director Matt Kirkland for his service to the County , noting this would be his last meeting as he has accepted a new position with the Town of Leland Mr Kirkland thanked the Board for the opportunity to work for Johnston County stating it is one of the finest organizations he has ever worked in 5 Manager Reports and Comments County Manager Rick Hester introduced Braston Newton in the audience who will be starting as the th County’s new Planning Director on August 27 The Board welcomed Mr Newton 6 Board Reports and Comments None There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The meeting adjourned at 6 56 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage