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

10 882 Meeting of the Johnston County Board of Commissioners November 6 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 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 Chairman Lawter reminded everyone of the Board’s six priorities including Public Safety , Infrastructure , County Employees , Financial Stewardship , Educational Funding , and Land Use and the Board’s continuing efforts to keep these priorities in mind when working through the agenda 1 Approval Discussion of Agenda Upon a motion by Commissioner Tony Braswell , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the agenda as presented 2 Cooperative Extension – Resolution for Farm City Week Johnston County Cooperative Extension Director Bryant Spivey presented a resolution to the Board for consideration of November 16 – 23 , 2023 as Farm City Week Mr Spivey stated the Youth Livestock Festival th will be held on November 17 at the Johnston County Livestock Arena and the Farm City Week Banquet will be st held on November 21 He requested the Board to adopt the resolution and offered to answer any questions Vice Chairman Patrick E Harris read the following resolution aloud and moved for its adoption , seconded by Commissioner Ted G Godwin and carried by unanimous vote NATIONAL FARM - CITY WEEK RESOLUTION NOVEMBER 16 - 23 , 2023 WHEREAS , agriculture has always been a cornerstone of Johnston County’s way of life , we acknowledge that dedicated farmers improve our wellbeing by working to ensure a healthy and abundant agriculture supply To succeed in this important enterprise , our farmers rely on essential partnerships with non - rural communities to supply , sell , and deliver finished products across the country and around the world During National Farm - City Week , we recognize the importance of this cooperative network to the success of the agriculture industry ; and WHEREAS , farming was America’s first industry and continues today to provide us with many of the necessities of life such as food , clothing , and fuel for our energy needs Agriculture employs a substantial number of workers in Johnston County including farmers , shippers , processors , marketers , retailers , truck drivers , inspectors , and others who annually contribute more than 600 million in value - added income in Johnston County ; and WHEREAS , we welcome new opportunities for trade , hard work , and successful cooperation between farmers and city workers to continue to play a vital role in our country’s success and be a critical resource for countless people here and around the nation ; and WHEREAS , Farm - City collaborations help maintain and improve our nation’s food and fiber supply and contribute to a better quality of life for countless citizens We commend the many Johnstonians whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all ; and WHEREAS , we gather with family and friends around the Thanksgiving table , it is fitting that we count among our blessings the vital farm - city partnerships that have done so much to improve the quality of our lives Rural and non - rural communities working together have made the most of our rich agricultural resources , and they continue to contribute to the health and wellbeing of our people and to the strength of our economy Page883 November 6 , 2023 – 6 00 pm Continued NOW , THEREFORE , we the Commissioners of Johnston County do hereby proclaim November 16 - 23 , 2023 , as Farm - City Week We call upon citizens in rural and city areas to acknowledge and celebrate the achievements of all those who , working together , produce an abundance of agriculture products that strengthen and enrich our community and nation th Proclaimed this the 6 day of November , 2023 3 Public Comment None 4 Public Hearing Rezoning Conditional Use Requests Advertised – The Johnstonian News and The News in Review – October 25 and November 1 , 2023 Certified letters were mailed to adjoining property owners on October 23 , 2023 A notice was posted at the location on September 11 , 2023 for Case 21 - 03 MOD The Chairman opened the Special Use Hearing for Case 21 - 03 MOD Case 21 - 03 MOD Petition to modify the special use permit located at 6275 NC Hwy 50 in Elevation Township and zoned Industrial 1 - Special Use District I1 - SUD to allow for additional uses Tax ID 07E07199K Owner Clyde & Carter Hunt Applicant Hunt & Company , Inc , d b a ChemStation of NC Modification request To add rental space for TW Electric Co - office space as an approved use Those wishing to speak on Special Use Case 21 - 03 MOD were sworn in by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify the existing special use permit to add rental space for TW Electric Co for office space as an approved use Mr Newton stated the existing land use is zoned Industrial 1 – Special Use District and is used by ChemStation of NC 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 21 - 03 MOD on July 25 , 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 September 19 , 2023 Mr Newton provided a written analysis of the special use permit application , along with his recommendation , to the Johnston County Planning Board and the Johnston County Planning Board providing a preliminary forum for review of the Special Use Permit Modification Case 21 - 03 MOD • If approved , the proposed and recommended special use conditions are as follows Special Use Conditions 1 Permitted Uses To allow for Industrial supplies equipment , sales service including the blending of water based cleaning solutions for containerless delivery to customers as well as office space for TW Electric Co 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install Class C landscaping buffer Existing natural vegetation may be used if equal or more intense 6 Hours of operation will be Monday through Saturday from 7 am until 9 pm Page884 November 6 , 2023 – 6 00 pm Continued Mr Newton stated the surrounding zonings are Agricultural Residential and used for agricultural and residential purposes He provided the Board with a history of the subject property Mr Newton stated the traffic count for this portion of NC Hwy 50 N is 5,100 vehicles per day as of 2019 and it appears on the Comprehensive Transportation Plan as an existing thoroughfare with adequate design capacity The current Comprehensive Land Use Plan denotes this area as a “ Rural Living Area ” Upon a question by Commissioner Ted G Godwin , Mr Newton stated the modification would allow for a contractor’s office in addition to the existing uses by ChemStation At the inquiry of Chairman RS “ Butch ” Lawter , Jr , County Attorney Jennifer Slusser stated the Board needs to consider the findings of facts as evidence and that burden of proof is on the applicant Ms Slusser stated the Board can consider the staff report and other documents in the agenda packet as well as the testimony by Mr Newton and the applicant as evidence She stated expert testimony typically relates to property values or items such as professional engineering Chairman Lawter called for the applicant to come forward and address the findings of fact Ms Slusser asked the Board to consider recusing Commissioner April Stephens due to a conflict of interest in that she is an adjoining property owner Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board recused Commissioner April Stephens from Case 21 - 03 MOD Carter Hunt , Vice President of ChemStation of NC , 3710 Exchange Glenwood Place , Raleigh , addressed the Board Mr Hunt stated his grandfather started a janitor supply business in 1958 and as the business climate changed over the years , so has their business Mr Hunt stated in 1996 they became part of the ChemStation family which is based in Dayton , Ohio He noted that ChemStation has 62 manufacturing plants around the country and they own five of those plants Mr Hunt continued that some months ago , they were approached by TW Electric Company who had outgrown their current location and needed more space Mr Hunt stated as he understands , TW Electric Company’s current landlord has no complaints with their operations , but they have outgrown that space Mr Hunt stated if the request is approved , they would rent space to TW Electric for office work and the storage of some of their materials Mr Hunt submitted information to the Board showing the location of their facility and the space that would be occupied by TW Electric if approved He stated it would be a very small area and they currently have more than adequate parking and handicap facilities to accommodate the use Upon questions by Commissioner Richard D Braswell , Mr Hunt stated ChemStation is currently the only occupant of the facility , and TW Electric would store their materials in an existing storage structure outside of the main building At the request of Chairman Lawter , Mr Hunt reviewed the following findings of fact with the Board 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 We do everything properly and have never had any complaints 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 Our attorney has looked at what we are proposing to do and he said we are fine on this 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 We feel that bringing this business in will definitely enhance our property and surrounding properties as well 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 We feel like this use does conform to the general plans and our attorney agreed Chairman Lawter acknowledged an email received from Connie Wall adjoining property owner for Case 21 - 03 MOD expressing concerns with possible impacts to her property values Ms Slusser advised that for the purposes of this hearing , Ms Wall’s email is not to be considered sworn testimony and the Board should give it the weight in which it is entitled for this particular hearing Page885 November 6 , 2023 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported staff recommends 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 21 - 03 MOD Decision on Special Use Case 21 - 03 MOD Case 21 - 03 MOD Petition to modify the special use permit located at 6275 NC Hwy 50 in Elevation Township and zoned Industrial 1 - Special Use District I1 - SUD to allow for additional uses Tax ID 07E07199K Owner Clyde & Carter Hunt Applicant Hunt & Company , Inc , d b a ChemStation of NC Modification request To add rental space for TW Electric Co - office space as an approved use Based on the following findings of facts and special use conditions , Commissioner Fred J Smith , Jr moved the Board approve the modification for Case 21 - 03 MOD to add rental space for office space as an approved use for property located at 6275 NC Hwy 50 in Elevation Township and zoned Industrial 1 - Special Use District Commissioner Tony Braswell seconded the motion , which carried by unanimous vote with Commissioner April Stephens abstaining 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 use is located , designed , and proposed to be operated in a manner that will promote the public health , safety , and general welfare 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 use will comply with all regulations of the applicable Johnston County Code of Ordinances The proposed modification would be low in intensity , and the Applicant will be required to go through site plan approval with the Johnston County Planning Department 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 use will be located and designed to be operated in a manner to maintain the value of contiguous property in that the proposed modification is low intensity and is located on an existing thoroughfare with adequate design capacity 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 use or development conforms with general plans for physical development and is low in intensity Specific Land Uses To allow for Industrial supplies equipment , sales service including the blending of water based cleaning solutions for containerless delivery to customers as well as office space for TW Electric Co Special Use Conditions 1 Permitted Uses To allow for Industrial supplies equipment , sales service including the blending of water based cleaning solutions for containerless delivery to customers as well as office space for TW Electric Co 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 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install Class C landscaping buffer Existing natural vegetation may be used if equal or more intense 6 Hours of operation will be Monday through Saturday from 7 am until 9 pm 5 Manager Reports and Comments th County Manager Rick Hester mentioned a community meeting being held on November 16 from 5 00 pm to 7 00 pm located at Mount Zion Global Methodist Church , 15772 NC - 50 North , Garner , related to the I - 42 project He noted postcards were mailed to the people in that area notifying them of the meeting Mr Hester also stated the County’s rebranding project is getting ready to begin soon and he looks forward to this project PagePage pageNumber5886 November 6 , 2023 – 6 00 pm Continued At the request of Mr Hester , Planning Director Braston Newton updated the Board on the Comprehensive Transportation Plan Mr Newton stated a contract has been drafted and reviewed and staff is th hoping to add a final draft of the contract to the Board’s November 20 agenda for consideration Mr Newton also updated the Board on the rewrite of the unified development ordinance and stated he will be meeting this week with the consultant on final terms for this project Mr Newton stated he hopes to bring that back to the Board at their December meeting 6 Board Reports and Comments Commissioner Ted G Godwin commended the Town of Clayton for their Green Light for Veterans Ceremony they held earlier this evening Commissioner Godwin also reminded everyone of the annual Veterans Day Observance Ceremony being held at the Smithfield - Selma High School at 11 00 am on Friday , November th 10 Chairman RS “ Butch ” Lawter , Jr reminded everyone of the municipal elections tomorrow 7 Closed Session – NCGS 14331811 a 3 – Attorney - Client Privilege and NCGS 14331811 a 5 – Acquisition of Property 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 consulting with an attorney employed by the Board in order to preserve the attorney - client privilege pursuant to North Carolina General Statute 143 - 31811 a 3 f and to establish or instruct staff concerning the negotiation of the price and terms of a contract concerning the acquisition of real property pursuant to North Carolina General Statute 143 - 31811 a 5 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 , Vice Chairman Patrick E Harris moved the Board adjourn Commissioner April Stephens seconded the motion , which carried by unanimous vote The meeting adjourned at 6 37 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage