May 1, 2023 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 516 Meeting of the Johnston County Board of Commissioners May 1 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 1 , 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 unanimous vote , the Board approved the agenda postponing Cases 22 - 17 and 22 - 18 until the June 5 , 2023 6 00 pm meeting per the request of the applicant and removing Case 23 - 09 from the agenda request withdrawn by the applicant 2 Public Comment A Citizen Comments – Martha Neal Martha Neal , Pine Level , addressed the Board and shared her personal account of sexual abuse she experienced as a child Ms Neal spoke on her concerns regarding Commissioner Richard D Braswell’s service on the Board of Commissioners and asked the Commissioners to recuse Commissioner R Braswell from the Board B Citizen Comments – Erika Hall Erika Hall , Clayton , read aloud the mission statement of the Board of Commissioners stating she fully supports and endorses this mission statement Ms Hall continued that any misstep or wrongdoing by any member of the Board could cause mistrust between the taxpayers and the Commissioners Ms Hall stated while there may be limitations that prevent the removal or forced resignation of a fellow Commissioner , it is incumbent upon the Board to take decisive measures in the face of allegations of crimes Ms Hall stated a temporary resignation may be appropriate until such time as an investigation into alleged crimes is concluded and a verdict is presented C Citizen Comments – Allen Hall Allen Hall , Clayton , addressed the Board and shared suggestions with the Commissioners to demonstrate their disapproval of the actions of a fellow Commissioner Mr Hall spoke on allegations against Commissioner Richard D Braswell and stated a zero - tolerance policy must be upheld without showing bias for such behavior Mr Hall also shared information with the Board on the amotion process by which elected officials can be removed from their office Mr Hall urged the Commissioners to consider using the amotion process to remove Commissioner R Braswell from the Board D Citizen Comments – Jean Casanave Jean Casanave , Benson , recalled that she has addressed the Board in the past regarding the 2020 Election , election abnormalities , and proposing the County eliminate tabulators and return to hand - counting ballots Ms Casanave stated any fair - minded review of the 2020 general election data will show that the results of that election were mathematically impossible Ms Casanave noted the Board of Commissioners recently adopted a resolution supporting legislation that would redraw the County Commissioner districts in Johnston County to better balance out the number of constituents to the number of representatives Ms Casanave stated she would also like for the Board to consider changing the way the Commissioners are elected to office so that instead of at - large voting , the seven district positions would be voted upon by the eligible voters of theirPage517 May 1 , 2023 – 6 00 pm Continued respective district Ms Casanave stated this change can be made at the local level and she encouraged the Board to consider this action 3 Public Hearing Rezoning Conditional Use Requests Advertised – The Johnstonian News and The News in Review – April 19 and 26 , 2023 Certified letters were mailed to adjoining property owners on April 17 , 2023 A notice was posted at the location on March 6 , 2023 for Case 20 - 29 MOD The Chairman opened the Special Use Hearing for Case 20 - 29 MOD Case 20 - 29 MOD Petition to modify the special use permit for 157 acres of a 545 acre tract located at 2337 Thanksgiving Fire Road in the Wilders Township and currently zoned General Business - Special Use District Tax ID 16L05029 Owner Thanksgiving 42 , LLC Applicant Glandon Forest Equity , LLC Special Use Modification Request To add general retail as an approved use to the existing special use permit Those wishing to speak on Special Use Case 20 - 29 MOD were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit to add general retail as an approved use to the existing special use permit Mr Newton stated this rezoning was originally approved in 2020 Mr Newton reviewed the proposed changes to the special use conditions with the Board and entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 20 - 29 MOD on December 21 , 2022 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On March 21 , 2023 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 29 MOD and made the following recommendation Upon a motion by Mr Hudson to approve Rezoning Case 20 - 29 MOD , seconded by Mr Little , Rezoning Case 20 - 29 MOD was recommended for approval by a unanimous vote of 7 - 0 at the March 21 , 2023 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed use of the development will be retail sales as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements The proposed use will provide for a closer to home shopping option for household essentials , reducing travel distances and the existing and growing strain along NC 42 Hwy - while also saving fuel , which translates to household savings 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant retail use requested will provide quick access to shopping and groceries in a centralized location There is considerable development in and along NC 42 The growth in this portion of Johnston County makes the property an ideal location for the addition of the general retail store use proposed The proposed store would serve the existing community and the anticipated future growth This will provide a cost - effective location for local residents to shop for everyday items The only use requested is retail , which will only serve to enhance the neighborhood and does not pose any impending threats on the continuity , safety , or value of the neighborhood 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The rezoning of the property will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project off of NCPage518 May 1 , 2023 – 6 00 pm Continued Hwy 42 , which is the primary thoroughfare for the area , will provide for ease of vehicular access to and from the property for the general public The proposed will provide everyday grocery and general use merchandise for a portion of the county that is underserved with shopping options The proposed use will provide for a closer to home shopping option for household essentials , reducing travel distances and the existing and growing strain along NC 42 Hwy - while also saving fuel , which translates to household savings The site will be designed to provide an attractive facility that will complement the local residential and future commercial uses Landscaping will be included in the construction of the facility to enhance the appeal of the property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The project is located in the vicinity of the NC Hwy 42 and Thanksgiving Fire Rd intersection , which is a retail node for this area of the county , and will provide a conveniently located shopping option for local residents The site will be designed to meet applicable Johnston County Land Development codes and ordinances Specific Land Uses APPLICANT To add general retail as an approved use to the existing SUP Special Use Conditions 1 Permitted Uses Convenience Store , Mini Storage , outdoor storage and general retail 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing 6 Outdoor storage shall be contained within an 8 ’ opaque fence 7 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 Lighting shall be engineered so as not to shine onto adjacent properties 10 Lot must be served internally off shared driveway for storage development as required in existing driveway permit Conditions in bold were added after the most recent TRC review Mr Newton stated the surrounding zonings are Agricultural Residential and used for agricultural and residential purposes , a fire department , and a church ; as well as General Business and currently vacant He stated the traffic count for this portion of NC Hwy 42 is 8,600 vehicles per day as of 2021 and 1,100 vehicles per day as of 2016 for Thanksgiving Fire Road Mr Newton stated this portion of NC Hwy 42 is identified in the Comprehensive Transportation Plan as a “ boulevard needing improvement ” and Thanksgiving Fire Road appears as a thoroughfare with adequate design capacity This area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan At the inquiry of Commissioner Ted G Godwin , Mr Newton confirmed that the intersection is now a four - way stop Brent Purdum , with Bowman of Raleigh , representing the Applicant , stated the Department of Transportation has reviewed their proposed plans and they will share a driveway with an adjacent use He stated a formal review by the Department of Transportation will take place once they submit their application for a driveway permit Upon a question by Commissioner April Stephens , Mr Purdum stated a Dollar General is planned for the site Chairman RS “ Butch ” Lawter , Jr read aloud the Findings of Fact by which the Board must make their decision Mr Purdum responded that these findings of fact were reviewed with the County staff and their proposed plans will meet all of the findings of facts as well as the special use conditions Mr Purdum stated their proposed plan will not impact any surrounding residential neighborhoods but instead will fit in with the area 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 special use permit modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Commissioner Godwin commented that he has not heard any negative comments regarding the other Dollar General stores in the surrounding area Page519 May 1 , 2023 – 6 00 pm Continued There being no further comments , the Chairman closed the Special Use Hearing for Case 20 - 29 MOD Decision on Special Use Case 20 - 29 MOD Case 20 - 29 MOD Petition to modify the special use permit for 157 acres of a 545 acre tract located at 2337 Thanksgiving Fire Road in the Wilders Township and currently zoned General Business - Special Use District Tax ID 16L05029 Owner Thanksgiving 42 , LLC Applicant Glandon Forest Equity , LLC Special Use Modification Request To add general retail as an approved use to the existing special use permit Based on the following findings of facts and special use conditions , Commissioner Tony Braswell moved the Board approve the modification for Case 20 - 29 MOD to add general retail as an approved use to the existing special use permit for 157 acres of a 545 acre tract located at 2337 Thanksgiving Fire Road in the Wilders Township and currently zoned General Business - Special Use District Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; The proposed use of the development will be retail sales as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements The proposed use will provide for a closer to home shopping option for household essentials , reducing travel distances and the existing and growing strain along NC 42 Hwy - while also saving fuel , which translates to household savings 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Retail use will provide quick access to shopping and groceries in a centralized location There is considerable development in and along NC 42 The growth in this portion of Johnston County makes the property an ideal location for the addition of the general retail store use proposed The proposed store would serve the existing community and the anticipated future growth This will provide a cost - effective location for local residents to shop for everyday items The only use requested is retail , which will only serve to enhance the neighborhood and does not pose any impending threats on the continuity , safety , or value of the neighborhood 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The rezoning of the property will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project off of NC Hwy 42 , which is the primary thoroughfare for the area , will provide for ease of vehicular access to and from the property for the general public The proposed will provide everyday grocery and general use merchandise for a portion of the county that is underserved with shopping options The proposed use will provide for a closer to home shopping option for household essentials , reducing travel distances and the existing and growing strain along NC 42 Hwy - while also saving fuel , which translates to household savings The site will be designed to provide an attractive facility that will complement the local residential and future commercial uses Landscaping will be included in the construction of the facility to enhance the appeal of the property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The project is located in the vicinity of the NC Hwy 42 and Thanksgiving Fire Rd intersection , which is a retail node for this area of the county , and will provide a conveniently located shopping option for local residents The site will be designed to meet applicable Johnston County Land Development codes and ordinances Specific Land Uses Add general retail as an approved use to the existing SUP Special Use Conditions 1 Permitted Uses Convenience Store , Mini Storage , outdoor storage and general retail 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 5 Storage yard shall be fenced , required buffering shall be on the outside of the fencing 6 Outdoor storage shall be contained within an 8 ’ opaque fence 7 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 Lighting shall be engineered so as not to shine onto adjacent properties 10 Lot must be served internally off shared driveway for storage development as required in existing driveway permit PagePage pageNumber5520 May 1 , 2023 – 6 00 pm Continued 4 Manager Reports and Comments County Manager Rick Hester called on Public Information Office Director Adam Carroll to provide the Board with an update on a rebranding initiative for the County Mr Carroll stated staff is at the very beginning stages of the rebranding initiative and to date , two meetings have been held with some of the department heads in an effort to determine what a rebranding would involve , getting ideas from other counties , and a roll - out process Mr Carroll presented the following information to the Board Mr Carroll shared with the Board some of the logos that are currently being used by various County departments , as follows PagePage pageNumber6521 May 1 , 2023 – 6 00 pm Continued Mr Carroll stated staff would keep the Board updated as the process continues and he offered to answer any questions Commissioner April Stephens spoke in support of the rebranding initiative stating she hopes it will help the public better understand the services of the County 5 Board Reports and Comments NonePagePage pageNumber7522 May 1 , 2023 – 6 00 pm Continued 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 6 35 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage