November 7, 2022 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 207 Meeting of the Johnston County Board of Commissioners November 7 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 7 , 2022 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Executive Assistant Deputy Clerk Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Announcements from the Chairman Chairman RS “ Butch ” Lawter , Jr announced that Case 22 - 24 has been withdrawn by the applicant and will not be heard Chairman Lawter also stated the applicant for Cases 22 - 17 and 22 - 18 have requested the Board to table their cases until the December 5 , 2022 6 00 pm meeting 2 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board approved the agenda tabling Cases 22 - 17 and 22 - 18 until the December 5 , 2022 6 00 pm meeting 3 Cooperative Extension – Resolution for Farm City Week Cooperative Extension Director Bryant Spivey requested the Board to adopt a resolution for Farm City Week as November 18 – 24 , 2022 Mr Spivey thanked the Board for all their support to agriculture in Johnston County He stated the Farm City Week Committee is working diligently on the banquet and other events to be held that week Mr Spivey stated the citizens of Johnston County are fortunate to have a bountiful agriculture industry and he spoke on the importance of recognizing all that agriculture does for everyone Mr Spivey introduced new Extension Agent Nicole Youngblood and stated she will be working in Agricultural Communications and Marketing which helps communicate the important things going on with farming and the ways that consumers can connect with farmers Mr Spivey stated Ms Youngblood is a native of Johnston County and they are fortunate to have her on their team Commissioner Fred J Smith , Jr read aloud the resolution Commissioner Richard D Braswell moved the Board adopt the resolution , seconded by Commissioner Ted G Godwin , and carried unanimously NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 18 - 24 , 2022 WHEREAS , agriculture has always been a cornerstone of Johnston County’s way of life , we acknowledge that dedicated farmers improve our wellbeing by working to ensure a healthy and abundant agriculture supply To succeed in this important enterprise , our farmers rely on essential partnerships with non - rural communities to supply , sell , and deliver finished products across the country and around the world During National Farm - City Week , we recognize the importance of this cooperative network to the success of the agriculture industry ; and WHEREAS , farming was America’s first industry and continues today to provide us with many of the necessities of life such as food , clothing , and fuel for our energy needs Agriculture employs a substantial number of workers in Johnston County including farmers , shippers , processors , marketers , retailers , truck drivers , inspectors , and others who annually contribute more than 38 billion in value - added income in Johnston County ; andPage208 November 7 , 2022 – 6 00 pm Continued WHEREAS , we welcome new opportunities for trade , hard work , and successful cooperation between farmers and city workers to continue to play a vital role in our country’s success and be a critical resource for countless people here and around the nation ; and WHEREAS , Farm - City collaborations help maintain and improve our nation’s food and fiber supply and contribute to a better quality of life for countless citizens We commend the many Johnstonians whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all ; and WHEREAS , we gather with family and friends around the Thanksgiving table , it is fitting that we count among our blessings the vital farm - city partnerships that have done so much to improve the quality of our lives Rural and non - rural communities working together have made the most of our rich agricultural resources , and they continue to contribute to the health and wellbeing of our people and to the strength of our economy NOW , THEREFORE , we the Commissioners of Johnston County do hereby proclaim November 18 - 24 , 2022 , as Farm - City Week We call upon citizens in rural and city areas to acknowledge and celebrate the achievements of all those who , working together , produce an abundance of agriculture products that strengthen and enrich our community and nation th Proclaimed this the 7 day of November , 2022 4 Public Comment A Citizen Comments – Adam Caldwell Adam Caldwell of Benson addressed the Board regarding the draft Johnston County Comprehensive Land Use Plan Envision Johnston Mr Caldwell stated from the October 17 , 2022 Board meeting where the draft plan was discussed , he felt like “ quality of life ” for current and future Johnston County residents was missing from that discussion Mr Caldwell stated in his time previously serving on the Johnston County Planning Board he heard many citizens speak about congested roadways , overcrowded schools , and growth in general He stated the opinions of the more than 3,000 residents and voters that participated in the Envision Johnston process should not be dismissed as “ not in my back yard folks ” Mr Caldwell stated from the public forums he attended , he found the attendees to be a cross section of fellow citizens actively engaged in what they want their home to be in 20 years Mr Caldwell stated private property rights are a cornerstone of this country and he asked that as the Board considers heirs moving away and their rights to sell family farms , to dually consider the citizens who are not moving away and intend to remain in the County and raise their families Mr Caldwell commended the Board for wanting to get the plan right and stated growth challenges have been talked about for decades He stated it is time for bold and decisive action through ordinance changes and the Board has a solid blueprint through Envision Johnston along with citizen influenced recommendations 5 Public Hearing Rezoning Conditional Use Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – October 26 and November 2 , 2022 Certified letters were mailed to adjoining property owners on October 24 , 2022 Notices were posted at the locations on August 9 , 2022 for Case 22 - 22 and September 9 , 2022 for Cases 22 - 25 and 22 - 26 The Chairman opened the Rezoning Hearing for Case 22 - 22 Case 22 - 22 Petition to rezone a 512 acre tract located at 10842 Cleveland Road in Cleveland Township from General Business – Special Use District GB - SUD to General Business GB Tax ID 06E02028C Owner Krishna SAI , LLC Applicant Krishna SAI , LLC Planning Director Braston Newton stated the petition is to rezone a 512 acre tract located at 10842 Cleveland Road in Cleveland Township from General Business – Special Use District to General Business Mr Newton explained that special use districts are an antiquated district and no longer allowed pursuant to General Statutes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Community Business – Special Use District for a daycare ; Office and Institutional and currently vacant ; General Business – Special Use District and used for a gas station with car wash , veterinary hospital and realty office ; and General Business and used for a car care store , daycare , mini storage , gas station with car wash , and produce nursery sales The area is located within a designated “ Primary Growth Area ” on the County’sPage209 November 7 , 2022 – 6 00 pm Continued Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Cleveland Road is 12,000 vehicles per day as of 2020 Dr Raghu Katuru , representing Applicant Krishna SAI , LLC , addressed the Board and requested approval of the rezoning request He offered to answer any questions At the inquiry of Commissioner April Stephens , Dr Katuru stated the plan for the property was to build a satellite clinic ; however , their plans changed due to the pandemic There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Upon a question by Commissioner Stephens , Mr Newton stated if the request is approved , then the property owner would be allowed to operate any use allowed within the General Business zoning classification on the site There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 22 Decision on Rezoning Case 22 - 22 Case 22 - 22 Petition to rezone a 512 acre tract located at 10842 Cleveland Road in Cleveland Township from General Business – Special Use District GB - SUD to General Business GB Tax ID 06E02028C Owner Krishna SAI , LLC Applicant Krishna SAI , LLC Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 22 - 22 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 22 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 06E02028C located at 10842 Cleveland Road in Cleveland Township , from General Business - Special Use District 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 aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of General Business provides expanded opportunity for job creation and economic stability and the property is located along an arterial corridor ; andPage210 November 7 , 2022 – 6 00 pm Continued b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from General Business - Special Use District to General Business Adopted this the 7th day of November , 2022 The Chairman reopened the Rezoning Hearing for Case 22 - 25 Case 22 - 25 Petition to rezone 068 acres located at 1251 Sanders Rd in the Pleasant Grove Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 13E04046V Owner John Phillip Stephenson and Kimberly Sutton Stephenson Applicant John Phillip Stephenson and Kimberly Sutton Stephenson Planning Director Braston Newton stated the petition is to rezone a 068 acre tract located at 1251 Sanders Road in the Pleasant Grove Township from Community Business - Special Use District to Agricultural Residential Mr Newton stated the site currently operated as a daycare ; however , as staff understands , the daycare is closing The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Community Business – Special Use District for a small business The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Sanders Road is 4,400 vehicles per day as of 2018 and it does not appear on the Comprehensive Transportation Plan as needing improvement Applicant Phillip Stephenson addressed the Board and stated they no longer operate the daycare and would like to rezone it back to Agricultural Residential He offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 25 Decision on Rezoning Case 22 - 25 Case 22 - 25 Petition to rezone 068 acres located at 1251 Sanders Rd in the Pleasant Grove Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 13E04046V Owner John Phillip Stephenson and Kimberly Sutton Stephenson Applicant John Phillip Stephenson and Kimberly Sutton Stephenson Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 22 - 25 Commissioner April Stephens seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 25 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 13E04046V located at 1251 Sanders Road in Pleasant Grove Township , from Community Business - Special Use District to Agricultural Residential WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with thePagePage pageNumber5211 November 7 , 2022 – 6 00 pm Continued 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 aligns with “ Goal 9 Preserve the Rural Landscape ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The request is reasonable such that the down - zoning to Agricultural Residential is more consistent with other land uses in the area ; and b The request is in the public interest in that land uses permitted within the Agricultural Residential district are less intensive and will not stress the local infrastructure 3 This Board approves the proposed zoning amendment from Community Business - Special Use District to Agricultural Residential Adopted this the 7th day of November , 2022 The Chairman reopened the Rezoning Hearing for Case 22 - 26 Case 22 - 26 Petition to rezone 575 acres of a 31 acre tract located at 11260 Covered Bridge Rd in the Wilders Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11L03025 Owner Ned Coleman Applicant Ned Coleman Planning Director Braston Newton stated the petition is to rezone 575 acres of a 31 acre tract located at 11260 Covered Bridge Road in the Wilders Township from General Business - Special Use District to Agricultural Residential Mr Newton stated the site was originally zoned to allow for the sale of landscaping supplies ; however , it is no longer in operation The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Industrial 2 – Special Use District and used as a shop The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Covered Bridge Road is 1,100 vehicles per day as of 2018 and it does not appear on the Comprehensive Transportation Plan as needing improvement Applicant Ned Coleman addressed the Board and stated he would like to rezone the property back to Agricultural Residential He offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 22 - 26 Decision on Rezoning Case 22 - 26 Case 22 - 26 Petition to rezone 575 acres of a 31 acre tract located at 11260 Covered Bridge Rd in the Wilders Township from General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11L03025 Owner Ned Coleman Applicant Ned Coleman Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 22 - 26 Commissioner Richard D Braswell seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 26 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 § 160D - 605 , 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 thePagePage pageNumber6212 November 7 , 2022 – 6 00 pm Continued 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 11L03025 located at 11260 Covered Bridge Road in Wilders Township , from General Business - Special Use District to Agricultural Residential WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 9 Preserve the Rural Landscape ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The request is reasonable such that the down - zoning to Agricultural Residential is more consistent with other land uses in the area ; and b The request is in the public interest in that land uses permitted within the Agricultural Residential district are less intensive and will not stress the local infrastructure 3 This Board approves the proposed zoning amendment from General Business - Special Use District to Agricultural Residential Adopted this the 7th day of November , 2022 6 Nealon Planning Contract – Approval of Change Orders Planning Director Braston Newton presented two change orders to the contact with Nealon Planning for the Johnston County Comprehensive Land Use Plan update , Envision Johnston Mr Newton stated Change Order No 2 is in the amount of 6,25000 and would cover an additional public forum held at the request of the Steering Committee He stated Change Order No 3 in the amount of 9,75735 would cover up to three additional Planning Board or Board of Commissioners meetings , if needed At the inquiry of Commissioner Tony Braswell , Mr Newton clarified that Nealon Planning would not be paid for Change Order No 3 up front , but would only be paid if they were requested to attend additional meetings Upon a motion by Commissioner Tony Braswell , seconded by Commissioner April Stephens , and carried unanimously , the Board approved Change Order No 2 in the amount of 6,25000 and Change Order No 3 in the amount of 9,75735 if needed for Nealon Planning 7 Planning Activity Report and Draft Comprehensive Land Use Plan Continued Discussion Planning Director Braston Newton updated the Board on the Request for Qualifications for the Comprehensive Transportation Plan Update He stated three proposals were received in response to the RFQ and staff would be reviewing those responses in order to bring a recommendation back to the Board of Commissioners The Board briefly continued discussions regarding the draft Comprehensive Land Use Plan Chairman RS “ Butch ” Lawter , Jr stated at the last meeting , the Board had talked about establishing committees to further review sections of the draft plan Chairman Lawter continued that after giving this idea some thought and discussing with staff and the consultant he would like for the Commissioners to continue their review of the draft plan individually and provide their thoughts and concerns to staff and be ready to discuss them at the November 21 , 2022 meeting At the request of Commissioner Fred J Smith , Jr , the Board looked at the draft Comprehensive Land Use Plan Map Chairman Lawter stated based on the comments and concerns from Commissioners at the lastPagePage pageNumber7213 November 7 , 2022 – 6 00 pm Continued meeting , he would like for staff to review the draft map and provide a couple of options as it relates to the smoothing or blending of the areas on the map 8 Manager Reports and Comments County Manager Rick Hester updated the Board as it relates to scheduling a meeting with Cloudwyze representatives for the State Broadband Grant project Mr Hester stated he has made contact with Cloudwyze representatives and is in the process of setting a date and time to meet 9 Board Reports and Comments Chairman RS “ Butch ” Lawter , Jr mentioned tomorrow is election day and he encouraged everyone to vote Chairman Lawter also expressed his appreciation to all the candidates on the ballot for being willing to serve There being no further business , Vice Chairman Patrick E Harris moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 6 45 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage