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

10 366 Meeting of the Johnston County Board of Commissioners March 6 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 6 , 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 Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the agenda 2 Public Comment A Citizen Comments from Ben Chapman Ben Chapman , Smithfield , addressed the Board and stated he would like to introduce a non - partisan grassroots campaign to the Board of Commissioners Mr Chapman stated he is advocating for the Board of Commissioners to adopt an inclusive non - discrimination ordinance for Johnston County He stated similar laws have been passed in Orange , Buncombe , Chatham , Durham , Mecklenburg and Wake Counties and they have been put in place without controversy or major issue Mr Chapman stated discrimination is treating someone differently because of who they are and he proposes that Johnston County prohibit discrimination in public accommodations , employment , and housing He suggested the Board review the Wake County ordinance as a model He shared information regarding complaints in other counties that have these ordinances and he emphasized this is a non - partisan campaign Mr Chapman shared his personal experiences with the Board and asked the Board to think about those that do not want to be treated differently no matter who they are 3 Public Hearing Rezoning Conditional Use Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – February 22 and March 1 , 2023 Certified letters were mailed to adjoining property owners on February 20 , 2023 Notices were posted at the locations on December 8 , 2022 for Case 22 - 34 and January 6 , 2023 for Cases 23 - 02 , 23 - 03 , 23 - 04 , and 23 - 05 The Chairman opened the Rezoning Hearing for Case 22 - 34 Case 22 - 34 Petition to rezone 6611 acres located at 608 - 772 Williford Road in Bentonville Township from Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 02O15007 , 02O15007B & 02O15007C Owner K Farms , Inc Applicant Blue Water Sand & Gravel , Inc Conditional Zoning Request Sand Pit Planning Director Braston Newton stated the petition is to rezone 6611 acres located at 608 - 772 Williford Road in Bentonville Township from Agricultural Residential to Industrial 2 - Conditional Zoning He stated the conditional zoning request is to allow for a sand pit The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Industrial 2 – Special Use District for sand and gravel mining The area is located within a designated “ Agricultural Rural Conservations Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Williford Road is 150 vehicles per day as of 2015 and it does not appear on the Comprehensive Transportation Plan as needing improvement The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Page367 March 6 , 2023 – 6 00 pm Continued 1 Permitted Uses Sand and Gravel Mining Operation 2 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Operation hours for excavation and transporting materials Monday - Sunday dawn to dusk 4 No advertising signage 5 Obtain all required State permits and adhere to all State regulations 6 Existing vegetation shall remain within the buffer area Only exceptions will be shown on site plan 7 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 8 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards Page368 March 6 , 2023 – 6 00 pm Continued i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county James Ezzell , speaking on behalf of Applicant Blue Water Sand & Gravel , Inc , stated he is a consultant for Blue Water and he drew the plans for the site Mr Ezzell offered to answer any questions At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Ezzell stated they are agreeable to the conditions as proposed 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 with an attached list of conditions as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 34 Page369 March 6 , 2023 – 6 00 pm Continued Decision on Rezoning Case 22 - 34 Case 22 - 34 Petition to rezone 6611 acres located at 608 - 772 Williford Road in Bentonville Township from Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 02O15007 , 02O15007B & 02O15007C Owner K Farms , Inc Applicant Blue Water Sand & Gravel , Inc Conditional Zoning Request Sand Pit Commissioner Richard D Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions as follows for Case 22 - 34 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 34 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 IDs 02O15007 , 02O15007B , and 02O15007C located on Williford Road in the Bentonville Hill Township from Agricultural Residential to Industrial 2 - 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 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 , ” 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 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , 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 Industrial 2 - Conditional Zoning th Adopted this the 6 day of March , 2023 Conditions 1 Permitted Uses Sand and Gravel Mining Operation 2 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Operation hours for excavation and transporting materials Monday - Sunday dawn to dusk 4 No advertising signage 5 Obtain all required State permits and adhere to all State regulations 6 Existing vegetation shall remain within the buffer area Only exceptions will be shown on site plan 7 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 8 The following shall apply Land Development Code Section 14 - 257 d PagePage pageNumber5370 March 6 , 2023 – 6 00 pm Continued 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale PagePage pageNumber6371 March 6 , 2023 – 6 00 pm Continued 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county The Chairman reopened the Rezoning Hearing for Case 23 - 02 Case 23 - 02 Petition to rezone 061 acres located at 236 Danceart Drive in Cleveland Township from Office & Institutional OI to General Business GB Tax ID 06E02054K Owner Stephen Kornegay Applicant Waymon Tucker Planning Director Braston Newton stated the petition is to rezone 061 acres located at 236 Danceart Drive in Cleveland Township from Office & Institutional to General Business The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; Office & Institutional and currently vacant ; and General Business and currently being used for a dance studio , storage facility , auto repair , and realty office The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan and is also located within a “ Neighborhood Center ” activity node Mr Newton stated the traffic count for this portion of Cleveland Road was 12,000 vehicles per day as of 2020 and it appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement Mr Newton stated this request is a straight rezoning with no conditions At the inquiry of Commissioner Ted G Godwin , Mr Newton stated examples of General Business include retail , office space , medical office , gas stations , convenience stores , and similar uses Commissioner April Stephens asked if a specific use is known for this request and how would the site be accessed Mr Newton stated most likely the Department of Transportation will require access from Danceart Drive PagePage pageNumber7372 March 6 , 2023 – 6 00 pm Continued Attorney John Adcock , Adcock Law Firm , representing the applicant , offered to answer any questions by the Board Mr Adcock stated with regards to access , there are potentially two access points , but that would be vetted by the Department of Transportation Commissioner Godwin asked if the applicant has a specific plan for the subject site Mr Adcock responded the applicant is planning a drive - up coffee shop Chairman RS “ Butch ” Lawter , Jr acknowledged an email received from Erin Durden that questioned the specific uses for the subject site 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 Commissioner Godwin asked if there would be any normal business hours associated with the General Business zoning if approved Mr Newton responded there are no normal business hour restrictions associated with a straight rezoning At the inquiry of Commissioner Stephens , Mr Newton stated the access would be reviewed through the internal Technical Review Committee TRC once a site plan is provided and the TRC does have the ability to restrict access on Cleveland Road Commissioner Stephens noted that access as well as all the uses allowed under General Business are a concern to her and how that could impact nearby residents Commissioner Stephens stated she would prefer to know a specific plan Commissioner Godwin agreed with Commissioner Stephens that he also would like to know the specific planned use given all the residential development in the area There being no further comments , the Chairman recessed the Rezoning Hearing for Case 23 - 02 At the inquiry of Commissioner Stephens , Mr Newton stated conditions cannot be attached to a straight rezoning Motion to Approve – Motion dies for lack of second Commissioner Tony Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request for Case 23 - 02 The motion died for lack of a second Decision on Rezoning Case 23 - 02 - Denied Case 23 - 02 Petition to rezone 061 acres located at 236 Danceart Drive in Cleveland Township from Office & Institutional OI to General Business GB Tax ID 06E02054K Owner Stephen Kornegay Applicant Waymon Tucker Motion and Second Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution that the request is not consistent with the Comprehensive Land Use Plan and is not reasonable and in the public interest and deny the rezoning request for Case 23 - 02 Vice Chairman Patrick E Harris seconded the motion Discussion Commissioner Tony Braswell questioned the comments about needing to know a specific plan stating he can understand such concerns , but he questioned the timing PagePage pageNumber8373 March 6 , 2023 – 6 00 pm Continued Commissioner Ted G Godwin stated he has concerns with this request because in looking at the area in general , there is a heavy residential population and there is the possibility that a specific use could be detrimental to those residents Commissioner April Stephens stated she would not have a problem with a coffee shop ; however , because of her concerns with access , she would like to know a specific use Chairman RS “ Butch ” Lawter , Jr stated the Board has an obligation to protect the surrounding public and when he looks at the request , he cannot say whether this is in the public interest or not because he does not know the specific use At the inquiry of Commissioner T Braswell , it was reported that no one spoke in opposition at the Planning Board meeting or during this hearing , although an email of concern was received Commissioner Fred J Smith , Jr commented that it is Board’s duty to make a decision on the request as presented and if this request is approved , then the Board would essentially be saying that it is okay with any use allowed under the General Business zoning classification to be located on the subject site He further stated that the applicant had the chance to file an application for a conditional use rezoning , but they did not do that so the Board must make a decision on the request as it was received Vote The motion carried by the following vote Ayes Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Nays Commissioner Tony Braswell RESOLUTION FOR CASE NUMBER 23 - 02 RESOLUTION DENYING 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 06E02054K located at 236 Danceart Drive in Cleveland Township , from Office & Institutional 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 deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is inconsistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to not 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 inconsistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is inconsistent with “ Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” found in the Comprehensive Land Use Plan PagePage pageNumber9374 March 6 , 2023 – 6 00 pm Continued 2 This Board finds and determines that it is not reasonable or in the public interest to approve the proposed amendment because a The proposed zoning designation of General Business provides may be to expansive with respect to allowable land uses , and may cause conflict with adjoining land uses ; and b 3 This Board denies the proposed zoning amendment from Office & Institutional to General Business Adopted this the 3rd day of April , 2023 The Chairman reopened the Rezoning Hearing for Case 23 - 03 Case 23 - 03 Petition to rezone 503 acres located at 15110 NC 39 Hwy in O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01019B Owner Jose Ascencio Applicant Jose Ascencio & Noel Laure Conditional Zoning Request Commercial & Residential Landscape Supply Sales Planning Director Braston Newton stated the petition is to rezone 503 acres located at 15110 NC 39 Hwy in O’Neals Township from Agricultural Residential to General Business - Conditional Zoning He stated the conditional zoning request is to allow for commercial and residential landscape supply sales 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 Mr Newton stated the traffic count for this portion of NC Hwy 39 is 5,200 vehicles per day as of 2021 and it 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 Landscape supply , commercial and retail public Proposed by applicant 2 An eight - foot opaque fence will be installed around any outdoor storage areas adjacent to residential uses Proposed by applicant 3 Only ground or monument signs will be installed as approved by the planning department No pole signs will be installed Proposed by applicant 4 No site lighting will be installed except for security lighting on the building to ensure the security of property and the safety of persons entering or exiting the facility Proposed by applicant 5 Normal Business hours 8am - 5pm Monday - Saturday , and closed Sundays Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all property lines existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit 12 Left turn lane may be required as determined by NCDOT 13 Any gates will need to be equipped with Knox access for Fire Department 14 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties Julie Spriggs , CAA Engineers , representing the applicant , stated they agree with the conditions as proposed Ms Spriggs stated there were some concerns raised during the Planning Board meeting that she would like to address She stated this is a Primary Growth Area on the Comprehensive Land Use Plan and a Traffic Impact Analysis was not required up to this point because this is a small business that would generate minimal traffic She noted that a Traffic Impact Analysis may be required by the Department of Transportation once they submit an application for a driveway permit She stated they are planning on a landscaping business for small residential use and do not anticipate semi - trucks entering the site or the storage of hazardous materials She offered to answer any questions Page0375 March 6 , 2023 – 6 00 pm Continued James and Barbara High stated they own the property backing up to the subject site and asked if other businesses would be brought in since the subject site is 5 acres in size Mr Newton reviewed the site plan with Mr and Mrs High Commissioner April Stephens commented this is a type of business would be low impact versus something like a shopping center Commissioner Stephens also noted that with this request , conditions would be in place to protect nearby residents Commissioner Fred J Smith , Jr noted the applicant is applying for a conditional use for one business ; however , he noted on the site plan it appears the site is being divided into two separate lots and questioned if that is consistent with the request Ms Spriggs stated the site plan indicates a Lot 2 line because that line was there on a tax appraisal card from a previous tax appraisal Ms Spriggs confirmed that the site is one parcel At the inquiry of Commissioner Smith , Ms Spriggs stated they would not be opposed to removing the Lot 2 line from the site plan She stated they would agree to that being added as a condition Chairman RS “ Butch ” Lawter , Jr agreed that removing the Lot 2 line could be made a part of the conditions and he also noted that in GIS , the site is considered one parcel 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 with an attached list of conditions as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 23 - 03 Decision on Rezoning Case 23 - 03 Case 23 - 03 Petition to rezone 503 acres located at 15110 NC 39 Hwy in O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01019B Owner Jose Ascencio Applicant Jose Ascencio & Noel Laure Conditional Zoning Request Commercial & Residential Landscape Supply Sales Commissioner April Stephens moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions , adding a condition to remove the Lot 2 line on the site plan , for Case 23 - 03 Commissioner Fred J Smith , Jr seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 23 - 03 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 11M01019B located at 15110 NC Hwy 39 in O’Neals Township , from Agricultural Residential to General Business - 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 be reasonable and in the public interest Page1376 March 6 , 2023 – 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 The amendment aligns with “ Goal 1 , Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” 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 - CZ provides a complimentary service within a growing area ; and b The site is located within the Primary Growth Area which is experiencing the stressors of growth and requires a need for specific services within the community 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning th Adopted this the 6 day of March , 2023 Conditions 1 Proposed uses Landscape supply , commercial and retail public 2 An eight - foot opaque fence will be installed around any outdoor storage areas adjacent to residential uses 3 Only ground or monument signs will be installed as approved by the planning department No pole signs will be installed 4 No site lighting will be installed except for security lighting on the building to ensure the security of property and the safety of persons entering or exiting the facility 5 Normal Business hours 8am - 5pm Monday - Saturday , and closed Sundays 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all property lines existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit 12 Left turn lane may be required as determined by NCDOT 13 Any gates will need to be equipped with Knox access for Fire Department 14 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 15 Remove Lot 2 line on the site plan so the site is one comprehensive parcel The Chairman reopened the Rezoning Hearing for Case 23 - 04 Case 23 - 04 Petition to rezone 5885 acres located at 11000 block of Old Beulah Road in O’Neals Township from Agricultural Residential AR to Industrial 1 - Conditional Zoning I - 1 - CZ Tax ID 11N05036C Owner & Applicant Kevin Creech Conditional Zoning Request Light general manufacturing for local medical industry Planning Director Braston Newton stated the petition is to rezone 5885 acres located at the 11000 block of Old Beulah Road in O’Neals Township from Agricultural Residential to Industrial 1 - Conditional Zoning He stated the conditional zoning request is to allow for light general manufacturing for local medical industry The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Old Beulah Road is 650 vehicles per day as of 2021 and it does not appear on the Comprehensive Transportation Plan as needing improvement The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows 1 Proposed uses Light general manufacturing for local medical industry Proposed by applicant 2 Building height not to exceed 24 ’ Proposed by applicant 3 County Water & Septic Proposed by applicant 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Lighting shall be engineered so as to not shine onto adjacent properties Proposed by applicant 6 Hours of operation M - F 8am - 5pm Proposed by applicant Page2377 March 6 , 2023 – 6 00 pm Continued 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 Noise control All manufacturing confined indoors Proposed by applicant 9 Landscape Buffer Yard “ C ” required where adjacent to AR zoned parcels Existing vegetation can be utilized towards satisfying the buffer requirement Proposed by applicant 10 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only 11 All structures must comply with all rules enforced by Federal , State , and Local agencies 12 Secure an NCDOT driveway permit Proposed by applicant 13 Knox Box or Knox e - switch to be located on site for Emergency personnel access Proposed by applicant 14 Paved driveway apron required by NCDOT 15 Any proposed gate will need to be equipped with Knox access for Fire Department Upon a question by Commissioner April Stephens , Mr Newton stated the Class C landscape buffer is the most intensive buffer in the ordinance Steve Oliverio , Bartlett Engineering & Surveying , representing the applicant , stated they agree with the conditions and he offered to answer any questions At the inquiry of Commissioner Ted G Godwin , Applicant Kevin Creech stated they will tear down one of the packhouses on the site , but the other will remain temporarily until it can be evaluated to determine if it can be saved Commissioner Stephens asked about the neighboring resident Mr Creech stated he lives on the property directly across the street 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 with an attached list of conditions as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 23 - 04 Decision on Rezoning Case 23 - 04 Case 23 - 04 Petition to rezone 5885 acres located at 11000 block of Old Beulah Road in O’Neals Township from Agricultural Residential AR to Industrial 1 - Conditional Zoning I - 1 - CZ Tax ID 11N05036C Owner & Applicant Kevin Creech Conditional Zoning Request Light general manufacturing for local medical industry Commissioner April Stephens moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions as follows for Case 23 - 04 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 23 - 04 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 11N05036C located in the 11000 block of Old Beulah Rd in O’Neals 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 ; andPage3378 March 6 , 2023 – 6 00 pm Continued 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 3 Diversify and expand the economy ; and Goal 2 , Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” 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 Industrial 1 - CZ provides an opportunity to foster a locally owned small scale business which provides support services to a broader industry ; and b The site is located within the Agricultural Rural Conservation Area proximal to a commercial activity node at the intersection of two state highways 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial 1 - Conditional Zoning th Adopted this the 6 day of March , 2023 Conditions 1 Proposed uses Light general manufacturing for local medical industry 2 Building height not to exceed 24 ’ 3 County Water & Septic 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Lighting shall be engineered so as to not shine onto adjacent properties 6 Hours of operation M - F 8am - 5pm 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 Noise control All manufacturing confined indoors 9 Landscape Buffer Yard “ C ” required where adjacent to AR zoned parcels Existing vegetation can be utilized towards satisfying the buffer requirement 10 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only 11 All structures must comply with all rules enforced by Federal , State , and Local agencies 12 Secure an NCDOT driveway permit 13 Knox Box or Knox e - switch to be located on site for Emergency personnel access 14 Paved driveway apron required by NCDOT 15 Any proposed gate will need to be equipped with Knox access for Fire Department The Chairman reopened the Rezoning Hearing for Case 23 - 05 Case 23 - 05 Petition to rezone 52 acres located at 2959 & 2925 Cornwallis Road in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02031 , 06E03010A , & 06E02059M Owner Glen Ford , Sr Living Trust Applicant RHF Holdings , LLC The Chairman accepted a request by Commissioner April Stephens to be recused from Case 23 - 05 due to a conflict and the Board agreed by consent Planning Director Braston Newton stated the petition is to rezone 52 acres located at 2959 & 2925 Cornwallis Road in Cleveland Township from Agricultural Residential to General Business The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes , a church , and a school ; and General Business and used as a quick service restaurant , gas station convenience store , Dollar General store , and a veterinary clinic The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan and is also located in a Community Commercial Activity Node Mr Newton stated the traffic count for this portion of Cornwallis Road was 6,200 vehicles per day as of 2021 and it appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement Gene Singleton , Wilmington , representing Applicant RHF Holdings , LLC , stated they are planning for a 125,000 sf business park Mr Singleton stated they have developed properties for over 30 years and they bringPage4379 March 6 , 2023 – 6 00 pm Continued quality Class A spaces that are maintained to stay in “ like - new ” condition He stated with the site’s proximity to the interchange , they feel it is ideal for flex office space Mr Singleton shared a rendering of the proposal with the Board Upon a question by Commissioner Tony Braswell , Mr Singleton stated they are aware of all the types of business allowed under General Business ; however , they have no interest in many of those types of businesses He stated they will not lease out any space to anyone that will diminish the value of the business park Samuel Harris , 10556 Cleveland Road , stated the subject site adjoins his property from the back and he has lived there for 30 years Mr Harris stated he believes this request will benefit the area and be an asset Patricia Godin , 3287 Cornwallis Road , stated she lives approximately 500 feet from the subject site and she is concerned with possible flooding on her property from the subject site Ms Godin also questioned if additional General Business is needed in the area Ms Godin stated she studied the existing businesses in the area through Google Maps and given the amount of development already there , she questioned the need for more Darren Healey , 3287 Cornwallis Road , expressed his concerns regarding flooding from the subject site as well as increased traffic resulting from development of the site He asked for the Board to give these concerns consideration as they make their decision 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 Tony Braswell , Mr Newton confirmed that if the request is approved , any use allowed under the General Business zoning classification would be allowed on the subject site There being no further comments , the Chairman closed the Rezoning Hearing for Case 23 - 05 Chairman RS “ Butch ” Lawter , Jr reminded everyone of the previous case Case 23 - 02 and stated he would like to know specific plans for the subject site since it is surrounded primarily by residential Chairman Lawter stated without a specific use , there are many questions as it relates to wastewater usage as well as traffic impacts and he feels the Board does not have enough information to determine if General Business would be compatible with the area Commissioner Ted G Godwin noted one distinction between this request and Case 23 - 02 is that this request is for a larger parcel and he agreed that he would prefer to see a more finished product Decision on Rezoning Case 23 - 05 - Denied Case 23 - 05 Petition to rezone 52 acres located at 2959 & 2925 Cornwallis Road in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02031 , 06E03010A , & 06E02059M Owner Glen Ford , Sr Living Trust Applicant RHF Holdings , LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution that the request is not consistent with the Comprehensive Land Use Plan and is not reasonable and in the public interest and deny the rezoning request for Case 23 - 05 Chairman RS “ Butch ” Lawter , Jr seconded the motion , which carried by the following vote Ayes Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , and Fred J Smith , Jr Nays Commissioner Richard D Braswell Not Voting Commissioner April Stephens recused Page5380 March 6 , 2023 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 23 - 05 RESOLUTION DENYING 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 06E02031 , 06E03010A , & 06E02059M located at 2959 & 2925 Cornwallis Road in Cleveland Township , 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 deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is inconsistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to not 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 inconsistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is inconsistent with “ Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is not reasonable or in the public interest to approve the proposed amendment because a The proposed zoning designation of General Business may be to expansive with respect to allowable land uses , and may cause conflict with adjoining land uses ; and 3 This Board denies the proposed zoning amendment from Agricultural Residential to General Business Adopted this the 3rd day of April , 2023 4 Manager Reports and Comments County Manager Rick Hester updated the Board on the Johnston County Public Schools 2022 Bond Referendum He noted they have an aggressive schedule and the County is working closely with Johnston County Schools to coordinate sales Mr Hester also updated the Board on the 2018 Bond Referendum stating that due to escalating costs , there is a gap of approximately 12 million as it stands today He stated there will be more discussions with the Board of Education on how to address the gap 5 Board Reports and Comments Commissioner Richard D Braswell addressed the Board regarding solar farms in the County He questioned if there is a policy in place to protect the landowners from being left with hazardous materials at the end of the life span of the solar farm He questioned if a bond needs to be required County Attorney Jennifer Slusser responded that most of the solar farms were approved as special use zonings before the ordinance changed and part of those conditions address remediation She stated one of the issues in requiring a bond is the life of such projects are so long it can be difficult to get a bond for that period of time Following discussion ,Page6381 March 6 , 2023 – 6 00 pm Continued Chairman RS “ Butch ” Lawter , Jr stated this is something the Board could look at for future ordinance amendments Commissioner Ted G Godwin discussed the issue of citizens living in subdivisions where the roads are deteriorating and how to avoid that Planning Director Braston Newton stated that issue has been explored but to date , staff has found no viable option Commissioner April Stephens updated the Board on a local hero that helped a family get out of a burning vehicle Commissioner Stephens stated she would like to publicly commended Angie Chrisp for her act of heroism 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 7 09 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage