September 5, 2017 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 843 Meeting of the Johnston County Board of Commissioners September 5 , 2017 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 5 , 2017 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 , Keith Branch , and Larry Wood 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 Resolution for the South Johnston 10U Midget League Baseball Team Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Cookie Pope , and carried by unanimous vote , the Board adopted the following resolution congratulating and recognizing the South Johnston 10U Midget League Baseball Team on their recent State Championship win Commissioner Stewart read the resolution for those in attendance and presented a framed original to the team RESOLUTION RECOGNIZING THE SOUTH JOHNSTON 10U MIDGET LEAGUE BASEBALL TEAM Whereas , the Johnston County Board of Commissioners takes pride in recognizing the accomplishments of all athletic teams in Johnston County ; and Whereas , the South Johnston 10U Midget League Baseball Team won the 2017 Tarheel League 10U Midget League State Baseball Championship in Williamston , North Carolina on July 30 , 2017 ; and Whereas , the Johnston County Board of Commissioners recognizes this great accomplishment ; and Whereas , this Championship brings statewide recognition and distinction to all of Johnston County Now Therefore , Be It Resolved , that the Johnston County Board of Commissioners hereby publicly recognizes and congratulates the South Johnston 10U Midget League Baseball Team on winning the 2017 Tarheel League 10U Midget League State Baseball Championship th Adopted this the 5 day of September , 2017 Head Coach Gabe Norris thanked the Board for the recognition and spoke on their championship win He introduced Assistant Coaches Timmy Messer , Marvin Sill , and Glenn Johnson At the request of the Board the following team members introduced themselves and stated their position on the team Jax Barbour , Kevin Beltran , Ashton Holland , Will Johnson , Maddox McLamb , Trent Messer , Cole Norris , Ryan Pfeil , Maddox Sills , Evan Stutts , Kaleb Williams , and Logan Wise The Board congratulated the players , coaches , and parents on the championship B Recognition of the Johnston County Housekeeping Department County Manager Rick Hester recognized Housekeeping Supervisor Clyde Parson and his staff for their excellent work and dedication keeping the Johnston County Courthouse and all the County’s agencies in top condition The Board thanked Mr Parson and his team for their hard work and commitment Building & Grounds Director Daniel Clifton commended the staff stating they are the ones that keep everything running smoothly Page844 September 5 , 2017 – 6 00 pm Continued 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – August 23 and 30 , 2017 Certified letters were mailed to adjoining property owners on August 21 , 2017 Notices were posted at the locations on June 29 , 2017 for Cases 17 - 14 and 17 - 15 The Chairman opened the Rezoning Hearing for Case 17 - 14 Case 17 - 14 Petition to rezone two tracts totaling 4416 acres located along NC 210 Hwy in Pleasant Grove Township from Agricultural Residential AR and Community Business CB to Agricultural Residential AR with Interstate Highway Interchange IHI overlay Tax ID 13E05003E and 13E05003A Owner Stephen M Buffkin Family Partnership Applicant Stephen M Buffkin Family Partnership Planning Director Berry Gray stated the petition is to rezone two tracts totaling 4416 acres located along NC 210 Hwy in Pleasant Grove Township from Agricultural Residential and Community Business to Agricultural Residential with Interstate Highway Interchange overlay He stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential , agricultural , and educational purposes ; General Business for multiple businesses ; Community Business for multiple businesses ; and Agricultural Residential with Interstate Highway Interchange overlay 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 an area in which high levels of growth pressures currently exist or are anticipated near term In addition , this site is located between regional and community center activity nodes Commissioner Allen L Mims , Jr asked why the rezoning is requested for Interstate Highway Interchange Mr Gray stated it is his understanding that the developer has plans to develop this property in conjunction with adjacent property located directly east and also zoned Interstate Highway Interchange At the inquiry of Chairman Jeffrey P Carver , Mr Gray confirmed by being in the Interstate Highway Interchange zoning district , the site would qualify for sewer service Jerry Dalton , Dalton Engineering & Associates , representing the applicant , stated they are requesting the rezoning in order to develop the property consistent with the underlining zoning of Interstate Highway Interchange There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 17 - 14 Decision on Rezoning Case 17 - 14 Case 17 - 14 Petition to rezone two tracts totaling 4416 acres located along NC 210 Hwy in Pleasant Grove Township from Agricultural Residential AR and Community Business CB to Agricultural Residential AR with Interstate Highway Interchange IHI overlay Tax ID 13E05003E and 13E05003A Owner Stephen M Buffkin Family Partnership Applicant Stephen M Buffkin Family Partnership Commissioner Cookie Pope moved the Board adopt the following Statement of Consistency Resolution for Case 17 - 14 Commissioner Chad M Stewart seconded the motion which carried by the following vote Ayes Commissioners Jeffrey P Carver , Ted G Godwin , Cookie Pope , Chad M Stewart , Keith Branch , and Larry Wood Nays Commissioner Allen L Mims , Jr Page845 September 5 , 2017 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 17 - 14 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 13E05003E and 13E05003A located on NC Hwy 210 as shown on the attached Exhibit A , from Agricultural Residential AR and Community Business CB to Agricultural Residential AR with Interstate Highway Interchange IHI overlay 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 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 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan This is because the site is located between two activity nodes in the primary growth area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a IHI overlay is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations th Adopted this the 5 day of September , 2017 Commissioner Cookie Pope moved the Board approve Rezoning Case 17 - 14 to rezone two tracts totaling 4416 acres located along NC 210 Hwy in Pleasant Grove Township from Agricultural Residential and Community Business to Agricultural Residential with Interstate Highway Interchange overlay Commissioner Chad M Stewart seconded the motion , which carried by the following vote Ayes Commissioners Jeffrey P Carver , Ted G Godwin , Cookie Pope , Chad M Stewart , Keith Branch , and Larry Wood Nays Commissioner Allen L Mims , Jr Commissioner Mims stated he has concerns with zoning the site Interstate Highway Interchange The Chairman reopened the Rezoning Hearing for Case 17 - 15 Case 17 - 15 Petition to rezone two tracts totaling 202 acres located along Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02010F and 06E02010G Owner Glover Properties , LLC Applicant Glover Properties , LLC Planning Director Berry Gray stated the petition is to rezone two tracts totaling 202 acres located along Old Drug Store Road in Cleveland Township from Agricultural Residential to General Business He stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; General Business for multiple businesses ; Community Business and used for residential purposes ; and Agricultural Residential and General Business – Special Use District for a mixed - use planned 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 In addition , this site is located near the regional center activity node for the I - 40 NC 42 interchange Brian Leonard , BRL Engineering & Surveying , representing the applicant , requested the rezoning to be approved stating it is consistent with the surrounding zoning and Comprehensive Land Use Plan for the County Page846 September 5 , 2017 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 17 - 15 Decision on Rezoning Case 17 - 15 Case 17 - 15 Petition to rezone two tracts totaling 202 acres located along Old Drug Store Road SR 1524 in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02010F and 06E02010G Owner Glover Properties , LLC Applicant Glover Properties , LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 17 - 15 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 17 - 15 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 06E02010F and 06E02010G located on Old Drug Store Road as shown on the attached Exhibit A , from Agricultural Residential AR to General Business GB 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 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 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan This is because the site is located near a regional center activity node and multiple commercial zoning areas 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a General Business is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations th Adopted this the 5 day of September , 2017 Commissioner Ted G Godwin moved the Board approve Rezoning Case 17 - 15 to rezone two tracts totaling 202 acres located along Old Drug Store Road in Cleveland Township from Agricultural Residential to General Business Commissioner Cookie Pope seconded the motion , which carried by unanimous vote 3 Planning Activity Report Planner Director Berry Gray presented and reviewed the following Planning Activity Report for the month of August 2017 Monthly Activity Report – August 2017 CPB REZONINGS Proposed for August 2017 Special Use Straight Zoning Totals Approved 2017 PagePage pageNumber5847 September 5 , 2017 – 6 00 pm Continued Cases 3 1 4 14 Total Acres 17511 248 18007 22259 SUBDIVISIONS Approved Approved 2017 2016 Proposed Re - submittals Major Subdivisions 27 26 2 - - - - Total Lots 797 1,376 85 - - - - Total Acres 90053 1,1039 7086 - - - - Open Space Acres 14659 10297 2218 - - - - Fee - in - Lieu 193,200 314,000 4,800 - - - - Minors 131 92 Total Lots 203 147 Total Acres 52431 42092 Valid Lots 11,282 Adjustments 170 added , 51 removed never developed or recorded Mr Gray stated even though the total lots approved are less than what they were last year at this time , he wanted the Board to be aware that there are a few larger projects being proposed and any one of those could change the numbers significantly Mr Gray stated for example , there are two projects very near each other and if they are approved and go forward it would add approximately 500 units Mr Gray recalled the discussions from the 10 00 am meeting during the Capital Improvements Plan public hearing and stated he went back and looked at the number of units that have been approved and recorded with County sewer in the unincorporated areas He stated sewer has been offered mainly since 2003 and since that time , 4,149 units have been recorded on County sewer which for an unincorporated County , is a significant number equivalent to approximately 10,000 people Chairman Jeffrey P Carver stated the 20 - year Capital Improvements Plan adopted at the morning meeting called for 333 million in water and sewer improvements over the next 20 years He noted 4 million gallons of wastewater capacity equates to approximately 40 million Chairman Carver recognized Planning Board Chairman Allan DeLaine in the audience and asked him to work with Commissioner Ted G Godwin who will be meeting with staff to look at the issues Chairman Carver stated the Board is not stopping development , but he feels there is a need to look at the overall policies and ordinances as it relates to densities 4 Manager Reports and Comments County Manager Rick Hester recalled the Board’s action from the morning meeting authorizing staff to assist the Cleveland Community in working through the exploratory process of creating a Parks & Recreation District Mr Hester stated there are different ways to structure such a district ; however , if the district is structured where tax rate would be involved , he recommends holding a voter referendum to allow the citizens in the proposed district to vote on whether or not they want to pay an additional tax Mr Hester stated he also plans to recommend to the Cleveland Community representatives that they hold community meetings The Board agreed that a referendum would need to be held Commissioner Cookie Pope also agreed with the need to hold community meetings 5 Board Reports and Comments Chairman Jeffrey P Carver made the following appointments to the Hospital Authority as recommended by Hospital Authority Board of Commissioners Reappointed Jeffrey P Carver and James H Jenkins , Jr ; and appointed Terry Rose for three year terms to expire on September 30 , 2020 There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 6 40 pm Jeffrey P Carver , Chairman Paula G Woodard , Clerk to the BoardPage