January 3, 2023 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 309 Meeting of the Johnston County Board of Commissioners January 3 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , January 3 , 2023 , 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 Dana G Cuddington , and Executive Assistant Deputy Clerk Susie Reeves Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried by a unanimous vote , the Board approved the agenda with the addition of Item 25 – Municipal Infrastructure Funding Requests 2 Public Comment There were no public comments 25 Municipal Infrastructure Funding Requests Chairman RS “ Butch ” Lawter , Jr requested to be recused from this item stating that the company he works for may or may not be involved in the future with two of the projects up for consideration Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried unanimously , the Board voted to recuse Chairman Lawter from this item Chairman Lawter turned the meeting over to Vice Chairman Patrick E Harris Vice Chairman Harris recalled that Johnston County requested proposals from its municipalities to improve access to clean drinking water and to support vital wastewater and stormwater infrastructure to benefit Johnston County Citizens In the request for proposals , Johnston County offered a pool of up to 55 million which may be appropriated for this one - time funding opportunity Vice Chairman Harris noted this matter was initially considered by the Board in December but was tabled at that time Vice Chairman Harris presented the following revised funding matrix and funding recommendations Municipal Funding Requests only 1 project per municipality per Board requirement Municipality Project s Amount Expected Completion Grant Capacity Timeframe Town of Four Capacity Purchase 500,000 Oaks Town of Beaver Dam 445,228 Fall 2023 445,228 Princeton Water Meter Replacement 306,495 Fall 2023 751,723 Town of West Smithfield Sanitary 600,000 Summer 2025 Smithfield Sewer Improvements Water Treatment Plant 1,000,000 Spring 2023 500,000 500,000 Improvements 1,600,000 Town of Asbestos Cement Water 426,870 None Given 426,870 Kenly Line ReplacementPage310 January 3 , 2023 – 6 00 pm Continued Municipal Funding Requests only 1 project per municipality per Board requirement Municipality Project s Amount Expected Completion Grant Capacity Timeframe Town of Pine Water Meter Replacement 500,000 None Given 500,000 500,000 Level Town of Elevated Water Tank 2,500,000 November 2026 500,000 Benson Town of US HWY 70 Waterline 2,550,000 Winter 2023 Clayton Extension Lombard Street Sewer 1,500,000 2024 Realignment N Church Street Culvert 250,000 None Given Replacement Interconnect Meters 1,000,000 Summer 2025 800,000 Relocation & Strategic Placement Project 5,300,000 Town of Water Line Upgrade 330,000 Spring 2024 330,000 500,000 Selma Inflow and Infiltration 512,000 Summer 2023 Improvements 842,000 TOTAL 3,502,098 2,000,000 REQUESTS 11,920,593 5,502,098 Commissioner Ted G Godwin commented that the staff has put together a good proposal for the Board to consider Vice Chairman Harris agreed and stated this would do a lot of good for the municipalities Commissioner Tony Braswell agreed , stating he is glad to see this come back up for the Board to consider Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried unanimously , the Board approved the following funding matrix and awarded funding for the projects as outlined in an amount not to exceed what is shown for each project ; directed staff to prepare funding agreements that outline the terms and conditions for the funding of each project with infrastructure construction projects on a reimbursement basis ; and further that funding for bulk capacity allocations is contingent upon the town entering into a bulk wastewater agreement with Johnston County Municipal Funding Requests only 1 project per municipality per Board requirement Municipality Project s Amount Expected Completion Grant Capacity Timeframe Town of Four Capacity Purchase 500,000 Oaks Town of Beaver Dam 445,228 Fall 2023 445,228 Princeton Water Meter Replacement 306,495 Fall 2023 751,723 Town of West Smithfield Sanitary 600,000 Summer 2025 Smithfield Sewer Improvements Water Treatment Plant 1,000,000 Spring 2023 500,000 500,000 Improvements 1,600,000Page311 January 3 , 2023 – 6 00 pm Continued Municipal Funding Requests only 1 project per municipality per Board requirement Municipality Project s Amount Expected Completion Grant Capacity Timeframe Town of Asbestos Cement Water 426,870 None Given 426,870 Kenly Line Replacement Town of Pine Water Meter Replacement 500,000 None Given 500,000 500,000 Level Town of Elevated Water Tank 2,500,000 November 2026 500,000 Benson Town of US HWY 70 Waterline 2,550,000 Winter 2023 Clayton Extension Lombard Street Sewer 1,500,000 2024 Realignment N Church Street Culvert 250,000 None Given Replacement Interconnect Meters 1,000,000 Summer 2025 800,000 Relocation & Strategic Placement Project 5,300,000 Town of Water Line Upgrade 330,000 Spring 2024 330,000 500,000 Selma Inflow and Infiltration 512,000 Summer 2023 Improvements 842,000 TOTAL 3,502,098 2,000,000 REQUESTS 11,920,593 5,502,098 Vice Chairman Harris turned the meeting back over to Chairman Lawter 3 Public Hearing Rezoning Conditional Use Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – December 21 and 28 , 2022 Certified letters were mailed to adjoining property owners on December 19 , 2022 Notices were posted at the locations on November 3 , 2022 for Cases 22 - 29 and 22 - 30 The Chairman opened the Rezoning Hearing for Case 22 - 29 Case 22 - 29 Petition to rezone 2 acres located at 1 Enoch Road in Meadow Township from Industrial 2 - Special Use District I2 - SUD to Agricultural Residential AR Tax ID 09I15011 Owner & Applicant Dustin Keith Jernigan Planning Director Braston Newton stated the petition is to rezone two acres located at 1 Enoch Road in Meadow Township from Industrial 2 - Special Use District to Agricultural Residential The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes 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 Enoch Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton stated the property was rezoned to Industrial 2 – Special Use District by the previous owner some years ago and the current owner wishes to downzone to Agriculture Residential Applicant Dustin Jernigan requested the Board to approve the downzoning There being no further public comments , the Chairman closed the public comment portion of the hearing Page312 January 3 , 2023 – 6 00 pm Continued 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 - 29 Decision on Rezoning Case 22 - 29 Case 22 - 29 Petition to rezone 2 acres located at 1 Enoch Road in Meadow Township from Industrial 2 - Special Use District I2 - SUD to Agricultural Residential AR Tax ID 09I15011 Owner & Applicant Dustin Keith Jernigan Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 22 - 29 Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 29 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 a parcel identified as Tax ID 09I15011 located on Enoch Road in Meadow Township , from Industrial 2 - 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 The amendment aligns with “ Goal 9 Preserve the Rural Landscape ” found in the Comprehensive Land Use Plan 0 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because The request is reasonable such that the down - zoning to Agricultural Residential is more consistent with other land uses in the area ; and 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 0 This Board approves the proposed zoning amendment from Industrial 2 - Special Use District to Agricultural Residential Adopted this the 3rd day of January , 2023 The Chairman reopened the Rezoning Hearing for Case 22 - 30 Case 22 - 30 Petition to rezone 364 acres located at 68 & 258 County Home Road in Smithfield Township from Agricultural Residential AR to Industrial 1 - Conditional Zoning I1 - CZ Tax ID 15I09004D & 15I09004E Owner 258 County Home Road , LLC Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Contractor Storage Office Yard Planning Director Braston Newton stated the petition is to rezone 364 acres located at 68 and 258 County Home Road in Smithfield Township from Agricultural Residential to Industrial 1 - Conditional Zoning He stated the conditional zoning request is to allow for a contractor storage office and yard The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Industrial 2 for the JohnstonPagePage pageNumber5313 January 3 , 2023 – 6 00 pm Continued County Landfill and site of the new 210 Wastewater Treatment Plant currently under construction 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 NC Hwy 210 is 4,000 vehicles per day as of 2020 and a count for County Home Road is not available He stated NC Hwy 210 appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows 1 Proposed uses Contractor storage of construction container dumpsters , portable restrooms , and delivery trucks with a future contractor’s office Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered so as to not shine onto adjacent properties Proposed by applicant 4 Hours will be Monday through Saturday Sunday 7 5 am - 10 pm 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 Class A Landscape using existing vegetation shall be along the entire northern property line 1 large tree , 2 small trees , and 6 shrubs every 100 linear feet Proposed by applicant 7 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all other property lines Proposed by applicant 8 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only Proposed by applicant 9 Required buffering shall be on the outside of the fencing Proposed by applicant 10 All structures must comply with all rules enforced by Federal , State , and Local agencies Proposed by applicant 11 Secure JC Utilities Stormwater and Erosion Control Permits Proposed by applicant 12 Contractor yard shall be contained within an 8 foot opaque fence sufficiently screened by landscape buffer plantings or an 8 foot chain link fence with a 4 foot berm with an adequate planting of evergreen material to satisfy the intent of the opaque fence requirement Proposed by applicant 13 Secure an NCDOT driveway permit Proposed by applicant 14 Existing single family residence will remain as such for up to four years and then be converted to a contractor’s office That portion of the property will have to be petitioned to be rezoned at that time from AR to the appropriate zoning 15 Knox Box or Knox e - switch to be located on site for Emergency personnel access Proposed by applicant 16 Paved driveway required by NCDOT Items in bold or stricken through were changed at the meeting by the Planning Board with approval from the applicant Mr Donnie Adams , Applicant Adams & Hodge Engineering , addressed the Board Mr Adams stated the proposed use is for a contractor storage yard and it is appropriate for this area He stated his client’s business is residential construction and waste collection disposal Mr Adams stated they have reviewed the conditions Mr Adams stated there is an existing mobile home on the north portion of the parcel and they would like to include the right to allow that mobile home to stay as a residential unit for up to four years He stated the end goal for the mobile home is that it would eventually be converted to an office At the inquiry of Commissioner Ted G Godwin , Mr Adams stated there had been no discussion with the NC Department of Transportation for a turn lane on County Home Road yet He stated a driveway permit application would be submitted if the rezoning is approved Chairman RS “ Butch ” Lawter , Jr commented that condition # 13 should address transportation issues once the driveway permit application is submitted Upon a question by Chairman Lawter , Mr Adams stated they would like to keep the mobile home on the site as residential as a gesture of good will to the current tenants , which as he understands are family of his clients Commissioner April Stephens asked about a landscape buffer on NC Hwy 210 Mr Adams stated there will be a landscaping buffer as well as an opaque fence or where appropriate , a berm and landscaping At the inquiry of Chairman Lawter , Mr Adams stated they are acceptable to the conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber6314 January 3 , 2023 – 6 00 pm Continued Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency with an attached list of conditions as submitted in the agenda packet Upon a question by Chairman Lawter , Mr Newton stated staff would calendar the four - year period as discussed in condition # 14 There being no further comments , the Chairman closed the Rezoning Hearing for Case 22 - 30 Decision on Rezoning Case 22 - 30 Case 22 - 30 Petition to rezone 364 acres located at 68 & 258 County Home Road in Smithfield Township from Agricultural Residential AR to Industrial 1 - Conditional Zoning I1 - CZ Tax ID 15I09004D & 15I09004E Owner 258 County Home Road , LLC Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Contractor Storage Office Yard Commissioner Richard D Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 30 Commissioner Tony Braswell seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 30 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 parcels identified as tax ID 15I09004D and 15I09004E located at 68 and 258 County Home Road in Smithfield Township , from Agricultural Residential to Industrial 1 - Conditional Zoning 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 not be reasonable , nor 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 because the Land Use Plan , and updates , indicate that a The request is consistent with the Comprehensive Land Use Plan , “ Goal 1 Grow in a fiscally efficient , compact manner ” 2 This Board finds and determines that it is not reasonable , nor in the public interest to approve the proposed amendment because a The proposed development is consistent with the surrounding area with imposed conditions to mitigate impacts , and that the intended development provides a service to the local community 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial 1 - Conditional Zoning rd Adopted this the 3 day of January , 2023 Conditions 1 Proposed uses Contractor storage of construction container dumpsters , portable restrooms , and delivery trucks with a future contractor’s office 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered so as to not shine onto adjacent properties 4 Hours will be Monday through Sunday 5 am - 10 pm 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff PagePage pageNumber7315 January 3 , 2023 – 6 00 pm Continued 6 Class A Landscape using existing vegetation shall be along the entire northern property line 1 large tree , 2 small trees , and 6 shrubs every 100 linear feet 7 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all other property lines 8 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only 9 Required buffering shall be on the outside of the fencing 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure JC Utilities Stormwater and Erosion Control Permits 12 Contractor yard shall be contained within an 8 foot opaque fence sufficiently screened by landscape buffer plantings or an 8 foot chain link fence with a 4 foot berm with an adequate planting of evergreen material to satisfy the intent of the opaque fence requirement 13 Secure an NCDOT driveway permit 14 Existing single family residence will remain as such for up to four years and then be converted to a contractor’s office 15 Knox Box or Knox e - switch to be located on site for Emergency personnel access 16 Paved driveway required by NCDOT 4 Public Hearing – Naming of New Road Advertised – The News & Observer , The Johnstonian News and The News in Review – December 21 and 28 , 2022 Chairman RS “ Butch ” Lawter , Jr opened the public hearing and called for staff to present Planning Director Braston Newton stated the purpose of the public hearing is to allow for public comment on the proposed naming of a new road in Johnston County He explained that the NC Department of Transportation’s construction of a new interchange on Interstate 40 at Cleveland Road has resulted in the new road Mr Newton reviewed a map of the new road with the Board and stated staff had contacted all the property owners that may be served by this road and asked for input regarding proposed names He stated the following have been proposed as options Westview Road , Johnny Drive , Way , or Lane , Marvins Way , or Marvin Farm Road Chairman Lawter called for anyone wishing to comment on the matter to come forward Lisa Williams Lee stated the road goes further than what is shown on the map and it traverses two of her family’s farms Ms Lee stated she plans to build on one of the farms as well as her mother and hopefully one day her children Ms Lee stated she would like to see it named after her father , Marvin Williams Upon a question by Commissioner Tony Braswell , Ms Lee stated any variation of Marvin Williams to honor her father would be acceptable Chairman Lawter acknowledged an email that was sent to the Board by Ms Lee previously There being no further comments , the Chairman closed the public hearing Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner April Stephens , and carried unanimously , the Board named the new road Marvin Farm Road 5 Comprehensive Land Use Plan Continued Discussion Chairman RS “ Butch ” Lawter , Jr proposed for the Commissioners to have any concerns , thoughts , th feedback , etc to staff by the January 17 meeting Chairman Lawter stated staff could then bring back any revisions to the Board and perhaps schedule a public hearing in March or the first of April Chairman Lawter suggested finding a larger venue for the public hearing Chairman Lawter stated he would like for the Board to be ready to consider a vote on the Land Use Plan on April 17 , 2023 The Board discussed the next steps , the suggested timeline as well as the need to break down the priorities and provide that information to staff so they can help with implementation Chairman Lawter commented that the Steering Committee and staff have done a great job on the draft plan and the Board of Commissioners does not take this matter lightly PagePage pageNumber8316 January 3 , 2023 – 6 00 pm Continued Commissioner Fred J Smith , Jr expressed concern as to how staff can navigate through seven different sets of feedback and comments from the Commissioners and come up with a vision that can be agreed upon by everyone Chairman Lawter stated the comments from the Commissioners are important for staff to have something to start with as the Board works through the plan Planning Director Braston Newton stated it would be helpful to receive bullet points from the Commissioners on what they like versus what they do not like about the current draft plan Mr Newton stated those comments can be given to staff in written or verbal format Mr Newton also noted that implementation would come through the revision of the ordinances and policies once a plan is adopted Commissioner Tony Braswell commented that he believes the Board can come together in an effort to do what is best for the citizens ; however , he noted the tough part will be amending and writing the changes to the ordinances Following further discussion , the Chairman instructed the Commissioners to have their comments back to th staff by February 6 ; for staff to have a revised draft completed by March 6 ; and for the Board to discuss a public th hearing date at the March 20 meeting with a possible public hearing to be held in April 6 Manager Reports and Comments None 7 Board Reports and Comments Commissioner Richard D Braswell mentioned that in looking for ways to help farmers hold onto their land , there is a lot of forestry land in Johnston County and he has read that some are looking into carbon credits for their woodlands Commissioner R Braswell stated perhaps the County could look into these options and find a way to help farmers utilize their forestry land as a source of income Commissioner Tony Braswell updated the Board on the Fire Services Supplemental Funding Matrix Commissioner T Braswell reported that he and the Fire Chiefs Association have had meetings regarding the Funding Matrix and he stated Cleveland Fire Chief Chris Ellington would possibly be coming in February to present plans , procedures and policies for the Board’s consideration He also noted that recommendations to the Board would be coming from Vice Chairman Patrick E Harris and himself before being voted on by the full Board Commissioner T Braswell stated the goal is to provide the same service throughout the County and he feels it will help the low wealth fire departments Commissioner Fred J Smith , Jr added to Commissioner Richard D Braswell’s comments on carbon sequestration and noted there are opportunities for pasture lands as well but the issue is how it is measured and the proper procedures Chairman RS “ Butch ” Lawter , Jr commented on the need to look at options Chairman Lawter stated the first time he heard about carbon sequestration was from Johnston County farmer Brandon Batten and he noted it is on the minds of farmers Chairman Lawter stated the Board has talked about other ways to help farmers stay in business and he suggested looking into options such as these Chairman RS “ Butch ” Lawter , Jr reminded the Board of an email sent to them from Public Information Officer Adam Carroll regarding the list of items for the State of the County Address Chairman Lawter asked the Board to review the list and report back on any items they would like to see included There being no further business , Commissioner Ted G Godwin moved the Board adjourn Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote The meeting adjourned at 7 01 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage