February 1, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 63 Meeting of the Johnston County Board of Commissioners February 1 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 1 , 2016 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Absent Vice Chairman DeVan Barbour 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 Tony Braswell called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Recognition of David Lasater with Duke Energy The Board recognized David Lasater from Duke Energy in the audience and thanked him for his assistance to the County during the recent icy weather event County Manager Rick Hester noted that Mr Lasater was in the County’s Emergency Operations Center during the event which was a tremendous help Mr Lasater complimented the County’s staff that works in the Emergency Operations Center and thanked the Board for their support and recognition 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – January 20 and 27 , 2016 Certified letters were mailed to adjoining property owners on January 15 , 2016 A notice was posted at the location on December 2 , 2015 for Case 13 - 19 The Chairman opened the Rezoning Hearing for Case 13 - 19 Case 13 - 19 Petition to grant a 2 year extension to a zoning approval for a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals Township The current zoning is General Business - Special Use District , with no defined uses Tax ID 11L03046N Owner Phillip Joseph Lewis Applicant Dallas Pearce Realty Planning Director Berry Gray stated the petition is to grant a two year extension to a zoning approval for a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals Township The current zoning is General Business - Special Use District with no defined uses Mr Gray stated the applicants do not currently have development interest for the site ; however , they would like to continue to market the property for sale commercially He noted the site was previously approved for General Business – Special Use District with no defined use in January 2014 and in cases where no special use permit is defined and approved , the applicant has two years to apply for a permit before the zoning approval expires Mr Gray reminded the Board that any development of the property would require approval by the Commissioners as part of the special use permit application process The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as a school The site is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which moderate to low levels of growth pressures are anticipated over the next 20 years Applicant Dallas Pearce of Dallas Pearce Realty , 434 Rogers Road , Zebulon , stated they are continuing their efforts to market the property and have had some interest Mr Pearce stated they thought they had an opportunity for a small food grill type use a few weeks ago ; however , that person decided against moving forward due to expenses associated with engineering and traffic improvements Mr Pearce continued that he believes the site would be good for a small gas mart grill type use and has heard from several people in the area that they would like to see such a use in the community Mr Pearce asked for the Board to approve the extension and offered to answer any questions Page64 February 1 , 2016 – 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 13 - 19 Decision on Rezoning Case 13 - 19 Case 13 - 19 Petition to grant a 2 year extension to a zoning approval for a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals Township The current zoning is General Business - Special Use District , with no defined uses Tax ID 11L03046N Owner Phillip Joseph Lewis Applicant Dallas Pearce Realty Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 13 - 19 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 13 - 19 MOD 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 11L03046N located at the intersection of NC Hwy 96 N and NC Hwy 231 as shown on the attached Exhibit A , from General Business – Special Use District GB SUD to General Business – Special Use District GB SUD 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 property is in a Primary Growth Area which promotes non - residential development Future use can be limited in scope through the use of special conditions for any development to blend in with a rural , low density area 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a Future conditions will ensure that the request is compatible with the surrounding area and will not negatively impact the public st Adopted this the 1 day of February , 2016 Commissioner Jeffrey P Carver moved the Board approve Rezoning Case 13 - 19 to grant a two year extension to a General Business – Special Use District with no defined uses zoning approval for a 316 acre tract located at the intersection of NC Hwy 96 N and NC Hwy 231 in O’Neals Township Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote 3 Manager Reports and Comments County Manager Rick Hester reported to the Board that he would soon be meeting with Johnston County Schools Superintendent Dr Ed Croom and Incoming Superintendent Dr Ross Renfrow regarding bond referendum projects Page65 February 1 , 2016 – 6 00 pm Continued 4 Board Reports and Comments Commissioner Jeffrey P Carver reported the Finance Workgroup met earlier in the day to look over financial projections and commented the projections are looking very positive Commissioner Carver stated the County will soon be dealing with the bond rating agencies in advance of the next bond sale and work is continuing towards reaching the “ AAA ” bond rating Commissioner Carver thanked Commissioners Cookie Pope and Allen L Mims , Jr for their work with the Finance Workgroup Chairman Tony Braswell reminded everyone that the Board will be having their annual work session on March 4 , 2016 at the Johnston County Agricultural Building More information regarding agenda and a time will be forthcoming There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The meeting adjourned at 6 15 pm Tony Braswell , Chairman Paula G Woodard , Clerk to the BoardPage