July 17, 2023 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 684 Meeting of the Johnston County Board of Commissioners July 17 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 17 , 2023 at 6 00 pm in the Auditorium of the Johnston County Agricultural Center , 2736 NC Hwy 210 , Smithfield , North Carolina location changed to accommodate public hearing The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell and April Stephens Absent Commissioner Tony Braswell 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 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for appointments to the Social Services Board and the Veterans Services Advisory Board Chairman Lawter stated the votes have been tallied and he announced the following Social Services Board – Angelique Legette was appointed for a three year term to expire on June 30 , 2026 Veterans Services Advisory Board – Kevin J Wilson and Jorge C Mejias - Diaz were appointed to fill unexpired terms ending April 30 , 2024 2 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by unanimous vote , the Board approved the agenda removing Case 23 - 13 Applicant Profile Construction , Inc which was withdrawn by the applicant 3 Public Comment A Recognition of Boy Scout Troop 124 of Clayton by Registrar of Deeds Craig Olive Registrar of Deeds Craig Olive recognized Boy Scout Troop 124 of Horne United Methodist Church in Clayton for their community service Mr Olive stated every year the Register of Deeds Office along with the Town of Smithfield hosts a shred event where citizens can bring documents to be shredded to help reduce the risk of identity theft Mr Olive reported that Troop 124 has always been helpful during these shred events Mr Olive recognized the Scout Leaders and Troop Members and commended them for their service to the citizens Page685 July 17 , 2023 – 6 00 pm Continued The Board thanked Troop 124 for their community service B Aaron Penny Representing Lumos Fiber Aaron Penny , representing Lumos Fiber , addressed the Board to provide an update Mr Penny stated on May 24 , 2023 , Lumos announced their intent to invest more than 55 million between Johnston and Harnett Counties to build state - of - the - art fiberoptic internet infrastructure to serve the communities that need additional options for fiber and broadband services He stated this is a private investment by Lumos and is not associated with the NC GREAT Grant project Mr Penny stated they are looking forward to serving residents and small businesses through their investment The Board thanked Mr Penny for the update 4 Public Hearing Rezoning Conditional Use Requests Advertised – The Johnstonian News and The News in Review – July 5 and 12 , 2023 Certified letters were mailed to adjoining property owners on July 3 , 2023 Notices were posted at the locations on May 5 , 2023 for Cases 23 - 11 and 23 - 12 The Chairman opened the Rezoning Hearing for Case 23 - 11 Case 23 - 11 Petition to rezone 11703 acres located at 2909 & 2825 Powhatan Road in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J06001A & 05I05006A Owner Novo Nordisk Pharmaceutical Industries , LP & Eric and Amanda Gordon Applicant Novo Nordisk Pharmaceutical Industries , LP Planning Director Braston Newton stated the petition is to rezone 11703 acres located at 2909 & 2825 Powhatan Road in the Clayton Township from Agricultural Residential to Industrial - 1 The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Industrial 1 and used as a pharmaceutical manufacturing company for Novo Nordisk’s existing facility Mr Newton noted there are several surrounding properties within the Town of Clayton’s ETJ 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 Powhatan Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Representatives of Novo Nordisk were present for questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 23 - 11 Decision on Rezoning Case 23 - 11 Case 23 - 11 Petition to rezone 11703 acres located at 2909 & 2825 Powhatan Road in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J06001A & 05I05006A Owner Novo Nordisk Pharmaceutical Industries , LP & Eric and Amanda Gordon Applicant Novo Nordisk Pharmaceutical Industries , LP Vice Chairman Patrick E Harris moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 23 - 11 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 23 - 11 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 thePage686 July 17 , 2023 – 6 00 pm Continued amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax ID 05J06001A and 05I05006A located at 2909 and 2825 Powhatan Road in Clayton Township , from Agricultural Residential to Industrial - 1 WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of General Business provides expanded opportunity for job creation and economic stability and the property is located along an arterial corridor ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that Industrial - 1 is compatible with surrounding land uses and zoning , which include other Industrial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial - 1 Adopted this the 17th day of July , 2023 The Chairman reopened the Rezoning Hearing for Case 23 - 12 Case 23 - 12 Petition to rezone 26 acres located at 8957 NC Hwy 96 South in the Meadow Township from General Business GB to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 09H14065P Owner Bull & Oak Properties , LLC Applicant Richards Property Group , LLC Conditional Zoning Request Metal Fabrication Planning Director Braston Newton stated the petition is to rezone 26 acres located at 8957 NC Hwy 96 South in the Meadow Township from General Business to Industrial 2 - Conditional Zoning He stated the conditional zoning request is to allow for metal fabrication The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and a school and General Business for various businesses 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 96 S is 1,600 vehicles per day as of 2021 and it appears on the Comprehensive Transportation Plan as an existing major thoroughfare with adequate design capacity The Chairman called for the applicant to come forward and called the proposed conditions to everyone’s attention , as follows 1 The following uses shall be permitted Metal Fabrication Proposed by applicant 2 Hours of operation shall be 6 am until 7 pm Monday - Saturday 3 All business activities and equipment will be confined to inside building areas to avoid disturbing surrounding businesses and community 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 Updated NCDOT driveway permit must be obtained 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 if there are any changes or additions to the property 8 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines bordering AR district Existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page687 July 17 , 2023 – 6 00 pm Continued Terry Richards , representing the Applicant , stated they are currently located in Wendell and are trying to relocate to the subject site Mr Richards provided the Board with a layout of their current facilities and stated they employ approximately 17 employees He noted their employment may be expanded as a result of this relocation Mr Richards outlined their products and stated all their operations take place inside except for the storage of the steel He stated they have one truck in and out of the site each day Mr Richards stated they have never received any noise complaints at their current location At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Richards stated all of their raw material is stored outside Upon a question by Commissioner Ted G Godwin , Mr Richards asked for more information as it relates to the Class C buffer requirement in the conditions Mr Newton provided the information regarding the buffer condition to Mr Richards Mr Richards noted that three sides of the property are currently surrounded by trees and it would be difficult to plant trees and shrubs on the remaining side which backs up to a sweet potato farm He noted the existing building that they plan to use is located almost on the property line At the inquiry of Commissioner April Stephens , Mr Richards stated no raw materials would be stored on the side next to the sweet potato farm He stated they intend to use the existing building on 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 with an attached list of conditions as submitted in the agenda packet At the inquiry of Chairman Lawter , Mr Newton stated if the existing vegetation is on the subject property and will satisfy the intent of the buffer then it will be allowed ; however , he noted that staff will evaluate the situation Chairman Lawter asked the applicant if he agreed to all of the conditions Mr Richards reviewed the conditions and stated the Class C buffer may be an issue on the side next to the sweet potato farm because of how close the building is to the property line as well as the unsuitable soil conditions there Mr Richards stated he is not opposed to a buffer , but he is not sure what type could be accommodated Chairman Lawter stated the Planning Department staff will evaluate the situation to determine what buffers or alternatives can be accommodated There being no further comments , the Chairman closed the Rezoning Hearing for Case 23 - 12 Decision on Rezoning Case 23 - 12 Case 23 - 12 Petition to rezone 26 acres located at 8957 NC Hwy 96 South in the Meadow Township from General Business GB to Industrial - 2 - Conditional Zoning I2 - CZ Tax ID 09H14065P Owner Bull & Oak Properties , LLC Applicant Richards Property Group , LLC Conditional Zoning Request Metal Fabrication Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 23 - 12 Commissioner April Stephens seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 23 - 12 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if thePagePage pageNumber5688 July 17 , 2023 – 6 00 pm Continued amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 09H14065P located 8957 NC Hwy 96 in Meadow 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 aligns with Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of Industrial 2 - 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 2 - Conditional Zoning th Adopted this the 17 day of July , 2023 Conditions 1 The following uses shall be permitted Metal Fabrication 2 Hours of operation shall be 6 am until 7 pm Monday - Saturday 3 All business activities and equipment will be confined to inside building areas to avoid disturbing surrounding businesses and community 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 Updated NCDOT driveway permit must be obtained 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 if there are any changes or additions to the property 8 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines bordering AR district Existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Public Hearing – Road Closure – Veldt Lane Advertised – The Johnstonian News and The News in Review – June 28 , July 5 and 12 , 2023 Chairman RS “ Butch ” Lawter , Jr opened the public hearing for the purposes of allowing public comment on the proposed permanent closure of Veldt Lane pursuant to North Carolina General Statute 153A - 241 Planning Director Braston Newton stated the property owners have petitioned the County to permanently close Veldt Lane He stated the public right - of - way is part of a mixed use development and Veldt Lane is situated in an area where the properties have been purchased for a retail use He stated the only properties affected belong to the petitioners Mr Newton noted the Board of Commissioners adopted a Resolution Declaring Intent to Consider Permanent Road Closure on June 5 , 2023 Upon a question by Commissioner Ted G Godwin , Mr Newton stated if the Board approves the request , staff would inform the Department of Transportation along with all other affected agencies There being no further comments , the Chairman closed the public hearing PagePage pageNumber6689 July 17 , 2023 – 6 00 pm Continued Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board voted to concur with the petitioner’s request to permanently close Veldt Lane 6 Public Hearing – Envision Johnston 2040 Comprehensive Land Use Plan Advertised – The Johnstonian News and The News in Review – July 5 and 12 , 2023 Chairman RS “ Butch ” Lawter , Jr opened the public hearing for the purposes of allowing public comment on the draft Envision Johnston 2040 Comprehensive Land Use Plan Planning Director Braston Newton stated the Board has been in receipt of the draft Envision Johnston 2040 Comprehensive Land Use Plan Mr Newton recalled the Board appointed a Steering Committee to work on the draft plan and he noted the committee members worked diligently and he wished to publicly recognize their work Mr Newton also recognized and thanked Consultants Meg Nealon and Ben Hitchings along with their teams He thanked the Planning Board and the Board of Commissioners for their work and efforts At the inquiry of Commissioner Ted G Godwin , Mr Newton explained that the land use plan is a guidance document the Board will use in their decision making process as it relates to land use matters He stated once the plan is adopted , the next step will be to revise and implement the associated ordinances Chairman Lawter noted in addition to the ordinances , the Board will need to look at the Sewer Allocation Policy as well as the Public Utilities Capital Improvements Plan to make sure all the pieces are in coordination Chairman Lawter thanked everyone for attending the meeting and asked for anyone that wished to speak to come forward Martha Stovall , Wilson’s Mills , stated when she drives around the County , she does not see strategic planning , town and county coordination , or a cohesive vision Ms Stovall continued that in the past 15 – 20 years she has witnessed what can best be described as “ hodge podge ” , “ discombobulation ” , “ mismatched ” , and a “ jumble of residential , commercial , retail businesses and farming communities ” Ms Stovall stated Johnston County needs congruent vision and leaders that understand the importance of planning for the future Ms Stovall stated she has traveled around the United States and many areas have managed to create unity and compatibility , and she believes Johnston County can obtain the same with proper planning Ms Stovall spoke on the importance of having high standards for developers in order to avoid a deterioration of the quality of life for citizens Ms Stovall asked the Board to protect the County’s assets and to have high standards for every project Joe Padilla , Vice President with Smith Douglas Homes , addressed the Board and stated their local office is in Apex but they have three active neighborhoods in Johnston County and have delivered more than 300 new homes in the County in the past five years Mr Padilla stated their target buyers are the families that serve as the backbone of Johnston County’s workforce He continued that the draft plan states that more than 14,000 Johnston County workers are in the retail or industrial sectors and typically most of those jobs pay between 80 and 100 of the County’s median income Mr Padilla stated for these workers to be able to achieve homeownership , the County needs a greater supply of housing under 300,000 Mr Padilla stated it is critical for Johnston County to provide a more diverse housing product and he spoke on the need for housing types to accommodate not only the workforce but also an aging population Mr Padilla stated they support many of the recommendations in the draft plan that call for more intense residential development and a broader range of housing types He stated while it makes sense to cluster many of the housing types around municipalities , the County needs to identify more locations in the unincorporated area where infrastructure exists or can be expanded to accommodate mid - density housing Mr Padilla spoke on the importance of sewer capacity and he encouraged the Board to expedite future sewer capacity investments so growth can occur in a more compact and walkable fashion that preserves meaningful open space Adam Caldwell , Benson , noted that he is a past member of the Johnston County Planning Board and was part of the draft plan review Mr Caldwell commended everyone for their work on this project and called the Board’s attention to Section 4 of the draft plan Mr Caldwell spoke on the tremendous growth that Wake County experienced from 1970 to 1980 and how in that process Wake County experienced a 33 reduction in its number of farms and a 30 reduction in the amount of land in farms Mr Caldwell noted that while Wake County took steps to try and address the issue , agricultural activity continued to decline in the face of rapid growth Mr Caldwell stated if Johnston County wants to see a different outcome , then something must be done that goes beyond basic strategies Mr Caldwell stated he believes there are good recommendations in the draft plan and he is hopeful the Board will take those recommendations and turn them into ordinances Mr Caldwell expressed his appreciation to the Board for allocating funds in the budget to the Triangle Land Conservancy and stated he hopes Envision Johnston is the first step in moving forward with where the County wants to be in the next 20 years PagePage pageNumber7690 July 17 , 2023 – 6 00 pm Continued Jonathan Stovall , Wilson’s Mills , addressed the Board and stated he has been following the land use issues in the County for a number of years and has tried to offer his feedback through meetings and participating with the Steering Committee Mr Stovall encouraged the Board to adopt Envision Johnston and noted that the Board must also follow up by amending and implementing the associated ordinances Mr Stovall stated land use is the number one issue facing the County and time is of the essence He encouraged the Board to not allow the plan , once adopted , to sit on a shelf for a decade before deciding to review it again Mr Stovall stated the Board must implement a plan that will prioritize the protection of the existing communities and residents , preserve the rural areas , and allow the vital agricultural industry to thrive Mr Stovall continued that within his own circles , he does not know of any citizen that is satisfied with the current direction of growth in the County and feedback gathered in the surveys and public workshops reiterated that point Mr Stovall stated he believes the County has an obligation to consider issues such as incompatible zoning uses , setback protections , school and road capacities , and prioritize growth in accordance with the limited water and sewer capacities Mr Stovall encouraged the Board to consider future generations , adopt the plan , and implement the associated ordinances Lanny Thomas , Cleveland Community , addressed the Board and stated he worked with the Committee to come up with the recommendations in the plan and he hopes the Board will consider all of them , especially larger lot sizes outside of urban areas Mr Thomas stated the Board needs to try to encourage growth closer to the urban areas , restrict County sewer to businesses , as well as require developers to construct better road improvements Mr Thomas stated developers are building residential communities all over but need to give more consideration to road improvements Mr Thomas expressed his appreciation to the Board for the purchase of property in the Cleveland area for a regional park and stated he hopes the Board will continue that work once the Parks and Open Space Coordinator completes a plan Jean Casanave , Benson , stated she currently serves on the Benson Planning Board and the Benson UDO Committee , which is reviewing the town’s ordinances Ms Casanave offered her assistance when the Board begins the process of reviewing the County’s ordinances after the plan is adopted Ms Casanave stated she shares Mr Caldwell’s concern regarding the loss of farmland Ms Casanave applauded the Board on trying to get the land use plan adopted , but she stressed the importance of also adopting the associated ordinances Chairman Lawter thanked the citizens that took the time to come to the meeting on this matter stating there are many citizens that are passionate about this issue and it is good to see people come out and be present Mr Newton stated the Planning Board has endorsed the current draft Envision Johnston 2040 Land Use Plan There being no further comments , the Chairman closed the public hearing Chairman Lawter announced the Board would consider a resolution to adopt the plan at the August 7 , 2023 Board meeting 7 Manager Reports and Comments None 8 Board Reports and Comments None There being no further business , Vice Chairman Patrick E Harris moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 6 48 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage