June 5, 2023 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 602 Meeting of the Johnston County Board of Commissioners June 5 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 5 , 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 - via Zoom 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 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for the appointment to the Johnston County Airport Authority Chairman Lawter stated the votes have been tallied and he announced the following appointment was made Johnston County Airport Authority – E Dale Parker was appointed to fill an unexpired term ending March 31 , 2024 2 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Richard D Braswell , and carried by unanimous vote , the Board approved the agenda Cases 22 - 17 and 22 - 18 are postponed until the August 7 , 2023 6 00 pm meeting , per the request of the applicant 3 Public Comment A Citizen Comments – Christina Arena Christina Arena , Smithfield , Down Home North Carolina , addressed the Board and stated she has a child attending one of the lowest rated schools in Johnston County and she is aware of the struggle that teachers face in their classrooms Ms Arena stated Down Home North Carolina does not believe that teachers should have to fund classroom supplies with money out of their own pockets She requested the Board of Commissioners to consider fully funding the budget request by the Johnston County Board of Education to ensure there is sufficient funding for teachers She spoke on the insight they have gained working with the Johnston County Board of Commissioners and the Johnston County Board of Education and how they have learned the importance of ensuring that local government works for everyone She stated they are dedicated to bridging gaps , uplifting the community , and advocating for a fair and equitable education system B Citizen Comments – Kani Doumbe Kani Doumbe , Smithfield , Down Home North Carolina , stated he is thankful for the opportunity to voice their opinions and for the guidance provided to their chapter of Down Home North Carolina Mr Doumbe stated their diverse group has identified common issues and are ready to break down barriers and work together He stated their next chapter meeting will take place on Thursday of this week and all are welcome to attend and learn more about their issue - based campaign and next steps Page603 June 5 , 2023 – 6 00 pm Continued C Citizen Comments – Christine Livingston Christine Livingston , McGee’s Crossroads , stated she is a member of many organizations within North Carolina but is not a paid activist Ms Livingston stated she is addressing the Board as a resident , taxpayer , and concerned citizen She thanked Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , and Commissioner Tony Braswell for taking the time to meet with a group of concerned citizens regarding school supplies for teachers Ms Livingston expressed her appreciation for County Manager Rick Hester stating he has done an amazing job as County Manager , has always been conservative with the County’s budget , and has always taken the time to answer her questions Ms Livingston stated she understands that Mr Hester has recommended a lower amount in the budget than what has been requested by Johnston County Schools She requested the Board to consider fully funding the request of Johnston County Schools in the hopes that the extra money could be used to create a new teacher fund or first year teacher fund to purchase classroom supplies Ms Livingston stated she understands that the Commissioners cannot dictate how the Board of Education spends their funds , but she wanted to put that idea out for everyone to be aware of Ms Livingston finally requested the Board to consider suspending Commissioner Richard D Braswell so he cannot vote on the upcoming budget 4 Public Hearing Rezoning Conditional Use Requests Advertised – The Johnstonian News and The News in Review – May 24 and 31 , 2023 Certified letters were mailed to adjoining property owners on May 22 , 2023 A notice was posted at the location on April 11 , 2023 for Case 19 - 14 MOD The Chairman opened the Special Use Hearing for Case 19 - 14 MOD Case 19 - 14 MOD Petition to modify the approved Agricultural Residential - Special Use District AR - SUD located at 4255 NC Hwy 42 W in the Cleveland Township by altering the approved amenity area to allow for different uses Tax ID 05E01013S Owner Ford Meadows , LLC Applicant Eastwood Holding Fund , LLC Special Use Modification Request To alter existing special use permit by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce overall lot count by 1 Those wishing to speak on Special Use Case 19 - 14 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 alter the existing special use permit by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce the overall lot count by one Mr Newton stated this rezoning was originally approved in 2019 as a Planned Unit Development 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 19 - 14 MOD on February 13 , 2023 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 April 18 , 2023 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 19 - 14 MOD and made the following recommendation Upon a motion by Ms Holmes to approve Rezoning Case 19 - 14 MOD with the addition of language for condition # 23 to add a corrective plat to reflect revised amenities to current and prospective owners , seconded by Mr Sasser , Rezoning Case 19 - 14 MOD was recommended for approval by a unanimous vote of 7 - 0 at the April 18 , 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 so as to maintain or promote the public health , safety , and general welfare ;Page604 June 5 , 2023 – 6 00 pm Continued Applicant The acreage that is being proposed to be developed within the subject parcels is located outside of the 100 - year floodplain The residential lots would be served by both public water and sanitary sewer The utility extensions would be designed to Johnston County Public utilities standards with the intention of the county accepting and maintaining the water and sanitary sewer infrastructure The development’s internal streets would be designed to NCDOT standards with the intention of NCDOT taking over maintenance of the streets The anticipated roadway improvements roadway widening and or turn lane s along NC Highway 42 West would be reviewed and approved by NCDOT , as part of the project’s Driveway Permit Access Application 2 That the use of the 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 The subject project would be developed as a Residential Planned Use Development Both parcels are currently zoned AR Agriculture Residential The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The project would adhere to Johnston County’s Stormwater Management Ordinance and Sediment and Erosion Control Program As mentioned in Response 1 , above , the development’s streets would be designed to meet NCDOT standards Roadway widening and turn lane improvements would also be required to be reviewed and approved by NCDOT prior to construction There are no plans to develop within the 100 - year floodplain and or disturb jurisdictional streams , buffers and wetlands 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 proposed development is located in a rapidly growing portion of Johnston County The subject project would be developed as a Residential Planned Unit Development and includes both single - family lots and multi - family lots Currently , there are similar uses single - family residential subdivisions located adjacent to the site on the North side and South side of the project’s acreage Birchwood Subdivision and South Hills Subdivision , respectively Multi - family developments are located in the vicinity of the proposed project to the west Cleveland Green and Aspen Pointe It is the intent of the developer to establish a Homeowner’s Association for the purpose of maintaining the appearance and values of the improvements 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 proposed development of the parcels of property contained within the Residential Planned Unit Development is consistent with the overall development plans of Johnston County Both parcels are currently zoned AR The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The area around the intersection of I - 40 and NC Hwy 42 has been designated by the County as qualifying for sewer based on current conditions and therefore has been , and still is , very desirable for development of high density , single - family , residential and multi - family construction This project would be consistent with previous development around the IHI intersection Specific Land Uses APPLICANT To allow for a mixed use - Planned Unit Development Special Use Conditions 1 Permitted Uses Mixed Use - Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 4 Provide Complete floodplain information 5 Provide Metes & bounds 6 Provide certifications in accordance with DM Sec 7 L 7 Provide entrance sign & street signs 8 Street name approval required 9 All lots shall access internal streets 10 Cul - de - sac lots shall have 20 ’ minimum road frontage 11 Complete improvements or provide performance guarantee 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 13 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Soil Erosion & Sedimentation Control Plan required 20 Stormwater Compliance 21 Approval of water and sewer system 22 Right - of - way dedications or reservations will be determined during the driveway permitting process 23 Clubhouse on original site plan amenities be replaced with fenced area containing pickleball courts , dog park , picnic areas , and playground equipment Plat correction shall be required to make modifications to amenities known to current and prospective buyers Page605 June 5 , 2023 – 6 00 pm Continued 24 Reduce streetside building setbacks for 11 lots 25,40,41,56,57,72,73,88,89,102 & 123 be reduced to 15 ’ 25 Reduce overall lots from 124 to 123 Items in bold are modification requests from the original Mr Newton stated the surrounding zonings are Agricultural Residential and used for agricultural and residential purposes ; General Business – Special Use District for a shopping center ; and Industrial 2 for industrial purposes He stated the traffic count for this portion of NC Hwy 42 West is 20,000 vehicles per day and it appears on the Comprehensive Transportation Plan as a “ Boulevard Needing Improvement ” This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Jim Cox , Eastwood Homes , 7101 Creedmoor Road , Raleigh , representing the applicant , appeared before the Board to answer any questions Chairman RS “ Butch ” Lawter , Jr referenced the Findings of Fact by which the Board must make their decision and Mr Cox confirmed that the request meets those findings 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 There being no further comments , the Chairman closed the Special Use Hearing for Case 19 - 14 MOD Decision on Special Use Case 19 - 14 MOD Case 19 - 14 MOD Petition to modify the approved Agricultural Residential - Special Use District AR - SUD located at 4255 NC Hwy 42 W in the Cleveland Township by altering the approved amenity area to allow for different uses Tax ID 05E01013S Owner Ford Meadows , LLC Applicant Eastwood Holding Fund , LLC Special Use Modification Request To alter existing special use permit by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce overall lot count by 1 Based on the following findings of facts and special use conditions , Vice Chairman Patrick E Harris moved the Board approve the modification for Case 19 - 14 MOD to alter the existing special use permit by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce the overall lot count by one for property located at 4255 NC Hwy 42 W in the Cleveland Township and currently zoned Agricultural Residential – Special Use District Commissioner Richard D Braswell 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 acreage that is being proposed to be developed within the subject parcels is located outside of the 100 - year floodplain The residential lots would be served by both public water and sanitary sewer The utility extensions would be designed to Johnston County Public utilities standards with the intention of the county accepting and maintaining the water and sanitary sewer infrastructure The development’s internal streets would be designed to NCDOT standards with the intention of NCDOT taking over maintenance of the streets The anticipated roadway improvements roadway widening and or turn lane s along NC Highway 42 West would be reviewed and approved by NCDOT , as part of the project’s Driveway Permit Access Application 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 ; The subject project would be developed as a Residential Planned Use Development Both parcels are currently zoned AR Agriculture Residential The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The project would adhere to Johnston County’s Stormwater Management Ordinance and Sediment and Erosion Control Program As mentioned in Response 1 , above , the development’s streets would be designed to meet NCDOT standards Roadway widening and turn lane improvements would also be required to be reviewed and approved by NCDOT prior to construction There are no plans to develop within the 100 - year floodplain and or disturb jurisdictional streams , buffers and wetlands 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 proposed development is located in a rapidly growing portion of Johnston County The subject project would bePagePage pageNumber5606 June 5 , 2023 – 6 00 pm Continued developed as a Residential Planned Unit Development and includes both single - family lots and multi - family lots Currently , there are similar uses single - family residential subdivisions located adjacent to the site on the North side and South side of the project’s acreage Birchwood Subdivision and South Hills Subdivision , respectively Multi - family developments are located in the vicinity of the proposed project to the west Cleveland Green and Aspen Pointe It is the intent of the developer to establish a Homeowner’s Association for the purpose of maintaining the appearance and values of the improvements 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 proposed development of the parcels of property contained within the Residential Planned Unit Development is consistent with the overall development plans of Johnston County Both parcels are currently zoned AR The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The area around the intersection of I - 40 and NC Hwy 42 has been designated by the County as qualifying for sewer based on current conditions and therefore has been , and still is , very desirable for development of high density , single - family , residential and multi - family construction This project would be consistent with previous development around the IHI intersection Specific Land Uses To allow for a mixed use - Planned Unit Development Special Use Conditions 1 Permitted Uses Mixed Use - Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 4 Provide Complete floodplain information 5 Provide Metes & bounds 6 Provide certifications in accordance with DM Sec 7 L 7 Provide entrance sign & street signs 8 Street name approval required 9 All lots shall access internal streets 10 Cul - de - sac lots shall have 20 ’ minimum road frontage 11 Complete improvements or provide performance guarantee 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 13 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Soil Erosion & Sedimentation Control Plan required 20 Stormwater Compliance 21 Approval of water and sewer system 22 Right - of - way dedications or reservations will be determined during the driveway permitting process 23 Clubhouse on original site plan amenities be replaced with fenced area containing pickleball courts , dog park , picnic areas , and playground equipment Plat correction shall be required to make modifications to amenities known to current and prospective buyers 24 Reduce streetside building setbacks for 11 lots 25 , 40 , 41 , 56 , 57 , 72 , 73 , 88 , 89 , 102 & 123 be reduced to 15 ’ 25 Reduce overall lots from 124 to 123 5 Planning Department – Public Right of Way Abandonment Request – Veldt Lane Planning Director Braston Newton requested the Board to consider a Resolution of Intent to close the public road known as Veldt Lane Mr Newton stated the request was received by staff from adjoining property owners FL Cornwallis , LLC and Ford Meadows , LLC He stated FL Cornwallis will be the developer of a retail development at that location and they are under contract to purchase the remaining parcels from Ford Meadows , LLC Mr Newton stated the closure and abandonment of the right of way for Veldt Lane would allow for adequate and succinct development of the site for the intended purpose and use Mr Newton stated Veldt Lane only serves the referenced two property owners He stated if the resolution is adopted , a public hearing will be held prior to the abandonment Upon a motion by Commissioner Richard D Braswell , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board adopted the following resolution PagePage pageNumber6607 June 5 , 2023 – 6 00 pm Continued RESOLUTION DECLARING INTENT TO CONSIDER PERMANENT ROAD CLOSURE AND CALL FOR PUBLIC HEARING WHEREAS , pursuant to NC Gen Stat § 153A - 241 , a county may permanently close any public road within the county and not within a city , except for public roads under the control and supervision of the Department of Transportation ; and WHEREAS , the Board of Commissioners has received the attached request to abandon and close “ Veldt Lane ” as indicated on the attached map ; and WHEREAS , the Board of Commissioners shall first adopt a resolution declaring its intent to close the public road and calling a public hearing on the question ; and NOW , THEREFORE , BE IT RESOLVED that the Board of Commissioners of Johnston County will consider the closing of the entirety of Veldt Lane at its regularly scheduled meeting on July 17 , 2023 , after a public hearing The Board of Commissioners hereby calls a public hearing to be held on this issue on said date , and directs staff to provide notice , pursuant to NC Gen Stat § 153A - 241 , of the same th Adopted this the 5 day of June , 2023 6 Comprehensive Land Use Plan Continued Discussion Planning Director Braston Newton addressed the Board and welcomed any further comments , feedback , and recommendations on the draft Comprehensive Land Use Plan Mr Newton requested the Board to consider setting a date for a public hearing to be held on the draft plan He proposed July 17 , 2023 at the 6 00 pm regular meeting as a possibility and also for the Board to consider holding the hearing at the Johnston County Agriculture Center , pending its availability It was the consensus of the Commissioners for staff to determine the availability of the Agriculture Center and for the Board to consider setting a date for the public hearing at either the June 12 , 2023 special meeting or the June 19 , 2023 regular meeting 7 Manager Reports and Comments County Manager Rick Hester followed up with the Board on the long - range capital planning for Public Utilities Mr Hester requested that the County’s current financial advisors , Davenport , be allowed to work with staff on a multi - year plan that would be brought back to the Board for review Mr Hester stated any Commissioners are welcomed to participate in this process There were no objections by the Board 8 Board Reports and Comments Vice Chairman Patrick E Harris thanked County Manager Rick Hester for his tireless leadership and work on the budget He stated Johnston County is a big County that is growing rapidly with lots of moving parts and he appreciates Mr Hester and his team for their professionalism and insight on the budget process Chairman RS “ Butch ” Lawter , Jr thanked staff for their work on the budget , in particular for their thoroughness and the many iterations during the consideration process Chairman Lawter also stated he recently attended the Emergency Preparedness Workshop training for elected officials offered by the North Carolina Association of County Commissioners Chairman Lawter stated this was an initiative started by Brunswick County Commissioner Frank Williams when he was the President of the Association and it was a very informative workshop Chairman Lawter commented he was very impressed that when the former Director ofPagePage pageNumber7608 June 5 , 2023 – 6 00 pm Continued Emergency Management for North Carolina came into the room , he immediately sought out Johnston County’s Emergency Management staff members Kevin Hubbard and Sandy Wood to speak with them Chairman Lawter expressed his appreciation for the great service the County’s Emergency Management Team provides and the level of respect they have across the State of North Carolina 9 Closed Session – NCGS 14331811 a 6 - Personnel Upon a motion by Commissioner Fred J Smith , Jr , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board recessed regular session to sit in closed session for the purposes of personnel pursuant to North Carolina General Statute 143 - 31811 a 6 No action was taken by the Board Vice Chairman Patrick E Harris moved the Board to adjourn closed session and resume regular session Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote 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 27 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage